75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3147
Senate Bill 958
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
Association Chiefs of Police, Oregon State Sheriffs'
Association, Oregon District Attorneys Association, Oregon
Narcotics Enforcement Association and Oregon Partnership)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies provisions in Oregon Medical Marijuana Act related to
designated primary caregivers.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to designated primary caregivers; amending ORS 475.306,
475.309 and 475.312; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 475.312 is amended to read:
475.312. { + (1) Except as otherwise provided in ORS 475.309
(3), a designated primary caregiver may assist a person who
possesses a registry identification card in the medical use of
marijuana if the cardholder's attending physician certifies that
a caregiver is medically necessary because the cardholder is:
(a) Severely ill; and
(b) Physically incapacitated or debilitated to the degree that
a caregiver is required for the daily physical care of the
patient. + }
{ - (1) - } { + (2) + } If a { - person who possesses a
registry identification card issued pursuant to ORS 475.309 - }
{ + cardholder + } chooses to have a designated primary
caregiver, the { - person - } { + cardholder + } must { +
provide the Department of Human Services with the certification
described in subsection (1) of this section and + } designate the
primary caregiver by including the primary caregiver's name and
address:
(a) On the { - person's - } application for a registry
identification card;
(b) In the annual updated information required under ORS
475.309; or
(c) In a written, signed statement submitted to the department
{ - of Human Services - } .
{ - (2) - } { + (3) + } A { - person described in this
section - } { + cardholder + } may have only one designated
primary caregiver at any given time.
{ + (4) A cardholder who has a designated primary caregiver
may not be a designated primary caregiver or a person responsible
for a marijuana grow site.
(5) A person may not be a designated primary caregiver for more
than two cardholders at any given time. + }
SECTION 2. ORS 475.309 is amended to read:
475.309. (1) Except as provided in ORS 475.316, 475.320 and
475.342, a person engaged in or assisting in the medical use of
marijuana is excepted from the criminal laws of the state for
possession, delivery or production of marijuana, aiding and
abetting another in the possession, delivery or production of
marijuana or any other criminal offense in which possession,
delivery or production of marijuana is an element if the
following conditions have been satisfied:
(a) The person holds a registry identification card issued
pursuant to this section, has applied for a registry
identification card pursuant to subsection (9) of this section,
is the designated primary caregiver of the cardholder or
applicant, or is the person responsible for a marijuana grow site
that is producing marijuana for the cardholder and is registered
under ORS 475.304; and
(b) The person who has a debilitating medical condition, the
person's primary caregiver and the person responsible for a
marijuana grow site that is producing marijuana for the
cardholder and is registered under ORS 475.304 are collectively
in possession of, delivering or producing marijuana for medical
use in amounts allowed under ORS 475.320.
(2) The Department of Human Services shall establish and
maintain a program for the issuance of registry identification
cards to persons who meet the requirements of this section.
Except as provided in subsection (3) of this section, the
department shall issue a registry identification card to any
person who pays a fee in the amount established by the department
and provides the following:
(a) Valid, written documentation from the person's attending
physician stating that the person has been diagnosed with a
debilitating medical condition and that the medical use of
marijuana may mitigate the symptoms or effects of the person's
debilitating medical condition;
(b) The name, address and date of birth of the person;
(c) The name, address and telephone number of the person's
attending physician;
(d) { + The certification described in ORS 475.312 and + }the
name and address of the person's designated primary caregiver, if
the person has designated a primary caregiver at the time of
application; and
(e) A written statement that indicates whether the marijuana
used by the cardholder will be produced at a location where the
cardholder or designated primary caregiver is present or at
another location.
(3) The department shall issue a registry identification card
to a person who is under 18 years of age if the person submits
the materials required under subsection (2) of this section, and
the custodial parent or legal guardian with responsibility for
health care decisions for the person under 18 years of age signs
a written statement that:
(a) The attending physician of the person under 18 years of age
has explained to that person and to the custodial parent or legal
guardian with responsibility for health care decisions for the
person under 18 years of age the possible risks and benefits of
the medical use of marijuana;
(b) The custodial parent or legal guardian with responsibility
for health care decisions for the person under 18 years of age
consents to the use of marijuana by the person under 18 years of
age for medical purposes;
(c) The custodial parent or legal guardian with responsibility
for health care decisions for the person under 18 years of age
agrees to serve as the designated primary caregiver for the
person under 18 years of age; and
(d) The custodial parent or legal guardian with responsibility
for health care decisions for the person under 18 years of age
agrees to control the acquisition of marijuana and the dosage and
frequency of use by the person under 18 years of age.
(4) A person applying for a registry identification card
pursuant to this section may submit the information required in
this section to a county health department for transmittal to the
Department of Human Services. A county health department that
receives the information pursuant to this subsection shall
transmit the information to the Department of Human Services
within five days of receipt of the information. Information
received by a county health department pursuant to this
subsection shall be confidential and not subject to disclosure,
except as required to transmit the information to the Department
of Human Services.
(5)(a) The department shall verify the information contained in
an application submitted pursuant to this section and shall
approve or deny an application within thirty days of receipt of
the application.
(b) In addition to the authority granted to the department
under ORS 475.316 to deny an application, the department may deny
an application for the following reasons:
(A) The applicant did not provide the information required
pursuant to this section to establish the applicant's
debilitating medical condition and to document the applicant's
consultation with an attending physician regarding the medical
use of marijuana in connection with such condition, as provided
in subsections (2) and (3) of this section;
(B) The department determines that the information provided was
falsified; or
(C) The applicant has been prohibited by a court order from
obtaining a registry identification card.
(c) Denial of a registry identification card shall be
considered a final department action, subject to judicial review.
Only the person whose application has been denied, or, in the
case of a person under the age of 18 years of age whose
application has been denied, the person's parent or legal
guardian, shall have standing to contest the department's action.
(d) Any person whose application has been denied may not
reapply for six months from the date of the denial, unless so
authorized by the department or a court of competent
jurisdiction.
(6)(a) If the department has verified the information submitted
pursuant to subsections (2) and (3) of this section and none of
the reasons for denial listed in subsection (5)(b) of this
section is applicable, the department shall issue a serially
numbered registry identification card within five days of
verification of the information. The registry identification card
shall state:
(A) The cardholder's name, address and date of birth;
(B) The date of issuance and expiration date of the registry
identification card;
(C) The name and address of the person's designated primary
caregiver, if any;
(D) Whether the marijuana used by the cardholder will be
produced at a location where the cardholder or designated primary
caregiver is present or at another location; and
(E) Any other information that the department may specify by
rule.
(b) When the person to whom the department has issued a
registry identification card pursuant to this section has
specified a designated primary caregiver, the department shall
issue an identification card to the designated primary caregiver.
The primary caregiver's registry identification card shall
contain the information provided in paragraph (a) of this
subsection.
(7)(a) A person who possesses a registry identification card
shall:
(A) Notify the department of any change in the person's name,
address, attending physician or designated primary caregiver.
(B) If applicable, notify the designated primary caregiver of
the cardholder and the person responsible for the marijuana grow
site that produces marijuana for the cardholder of any change in
status including, but not limited to:
(i) The assignment of another individual as the designated
primary caregiver of the cardholder;
(ii) The assignment of another individual as the person
responsible for a marijuana grow site producing marijuana for the
cardholder; or
(iii) The end of the eligibility of the cardholder to hold a
valid registry identification card.
(C) Annually submit to the department:
(i) Updated written documentation from the cardholder's
attending physician of the person's debilitating medical
condition and that the medical use of marijuana may mitigate the
symptoms or effects of the person's debilitating medical
condition; and
(ii) The name of the person's designated primary caregiver
{ + and the certification described in ORS 475.312, + } if a
primary caregiver has been designated for the upcoming year.
(b) If a person who possesses a registry identification card
fails to comply with this subsection, the card shall be deemed
expired. If a registry identification card expires, the
identification card of any designated primary caregiver of the
cardholder shall also expire.
(8)(a) A person who possesses a registry identification card
pursuant to this section and who has been diagnosed by the
person's attending physician as no longer having a debilitating
medical condition or whose attending physician has determined
that the medical use of marijuana is contraindicated for the
person's debilitating medical condition shall return the registry
identification card and any other associated Oregon Medical
Marijuana Program cards to the department within 30 calendar days
of notification of the diagnosis or notification of the
contraindication.
(b) If, due to circumstances beyond the control of the registry
identification cardholder, a cardholder is unable to obtain a
second medical opinion about the cardholder's continuing
eligibility to use medical marijuana before the 30-day period
specified in paragraph (a) of this subsection has expired, the
department may grant the cardholder additional time to obtain a
second opinion before requiring the cardholder to return the
registry identification card and any associated cards.
(9) A person who has applied for a registry identification card
pursuant to this section but whose application has not yet been
approved or denied, and who is contacted by any law enforcement
officer in connection with the person's administration,
possession, delivery or production of marijuana for medical use
may provide to the law enforcement officer a copy of the written
documentation submitted to the department pursuant to subsection
(2) or (3) of this section and proof of the date of mailing or
other transmission of the documentation to the department. This
documentation shall have the same legal effect as a registry
identification card until such time as the person receives
notification that the application has been approved or denied.
(10) A registry identification cardholder has the primary
responsibility of notifying the primary caregiver and person
responsible for the marijuana grow site that produces marijuana
for the cardholder of any change in status of the cardholder. If
the department is notified by the cardholder that a primary
caregiver or person responsible for a marijuana grow site has
changed, the department shall notify the primary caregiver or the
person responsible for the marijuana grow site by mail at the
address of record confirming the change in status and informing
the caregiver or person that their card is no longer valid and
must be returned to the department.
(11) The department shall revoke the registry identification
card of a cardholder if a court has issued an order that
prohibits the cardholder from participating in the medical use of
marijuana or otherwise participating in the Oregon Medical
Marijuana Program under ORS 475.300 to 475.346. The cardholder
shall return the registry identification card to the department
within seven calendar days of notification of the revocation. If
the cardholder is a patient, the patient shall return the
patient's card and all other associated Oregon Medical Marijuana
Program cards.
(12) The department and employees and agents of the department
acting within the course and scope of their employment are immune
from any civil liability that might be incurred or imposed for
the performance of or failure to perform duties required by this
section.
SECTION 3. ORS 475.306 is amended to read:
475.306. (1) A person who possesses a registry identification
card issued pursuant to ORS 475.309 may engage in { - , and a
designated primary caregiver of such a person may assist in, - }
the medical use of marijuana only as justified to mitigate the
symptoms or effects of the person's debilitating medical
condition.
(2) A person who is a registry identification cardholder must
possess the registry identification card when using or
transporting marijuana in a location other than the residence of
the cardholder.
(3) The Department of Human Services shall define by rule when
a marijuana plant is mature and when it is immature. The rule
shall provide that a plant that has no flowers and that is less
than 12 inches in height and less than 12 inches in diameter is a
seedling or a start and is not a mature plant.
SECTION 4. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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