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 3148
Senate Bill 960
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 requirements for obtaining marijuana grow site
registration card.
Requires registry identification cardholder, designated primary
caregiver and person responsible for grow site to authorize
inspection. Requires Department of Human Services to revoke
registry identification card, marijuana grow site registration
card or designated primary caregiver identification card of
person who refuses inspection. Removes exception from criminal
liability for person who refuses inspection.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to medical marijuana; amending ORS 475.304, 475.316,
475.320 and 475.323; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 475.304 is amended to read:
475.304. { - (1) - } { + (1)(a) + } The Department of Human
Services shall establish by rule a marijuana grow site
registration system to authorize production of marijuana by a
registry identification cardholder, a designated primary
caregiver who grows marijuana for the cardholder or a person who
is responsible for a marijuana grow site. The marijuana grow site
registration system adopted must require a registry
identification cardholder to submit an application to the
department that includes:
{ - (a) - } { + (A) + } The name of the person responsible
for the marijuana grow site;
{ - (b) - } { + (B) + }The address of the marijuana grow
site;
{ - (c) - } { + (C) + } The registry identification card
number of the registry cardholder for whom the marijuana is being
produced;
{ + (D) The written agreement described in paragraph (b) of
this subsection; + }and
{ - (d) - } { + (E) + } Any other information the
department considers necessary.
{ + (b) An application for a marijuana grow site registration
card shall include a written agreement authorizing the inspection
of the marijuana grow site and the person, vehicle and residence
of the registry identification cardholder, the person responsible
for the grow site and the designated primary caregiver, if any.
The agreement must authorize an inspection upon the request of
any department employee or law enforcement designee of the
department at any time between the hours of 8 a.m. and 5 p.m.,
Monday through Friday, or at any time if a law enforcement
designee of the department develops probable cause to believe
that the registry identification cardholder, the person
responsible for the grow site or the designated primary
caregiver, if any, is in violation of the provisions of ORS
475.840 to 475.980. The agreement must be signed by the registry
identification cardholder, the person responsible for the grow
site and the designated primary caregiver, if any.
(c) A single address may not be used as a marijuana grow site
for more than two registry identification cardholders. + }
(2) The department shall issue a marijuana grow site
registration card to a registry identification cardholder who has
met the requirements of subsection (1) of this section.
(3) A person who has been issued a marijuana grow site
registration card under this section must display the
registration card at the marijuana grow site at all times when
marijuana is being produced.
(4) A marijuana grow site registration card must be obtained
and posted for each registry identification cardholder for whom
marijuana is being produced at a marijuana grow site.
{ - (5) - } { + (5)(a) + } All usable marijuana, plants,
seedlings and seeds associated with the production of marijuana
for a registry identification cardholder by a person responsible
for a marijuana grow site are the property of the registry
identification cardholder and must be provided to the registry
identification cardholder upon request.
{ + (b) A registry identification cardholder may request
assistance from a law enforcement agency to obtain any usable
marijuana, plants, seedlings and seeds associated with the
production of marijuana for the registry identification
cardholder from the cardholder's designated primary caregiver or
the person responsible for the grow site. If a cardholder
requests assistance under this paragraph and the law enforcement
agency determines that the person responsible for the grow site
or the designated primary caregiver is in violation of the
criminal laws of this state, or has otherwise failed to comply
with ORS 475.300 to 475.346, the registry identification
cardholder is not criminally liable for the violation if the
cardholder did not aid and abet the violation. + }
(6)(a) The department shall conduct a criminal records check
under ORS 181.534 of any person whose name is submitted as a
person responsible for a marijuana grow site.
(b) A person convicted of a Class A or Class B felony under ORS
475.840 to 475.920 for the manufacture or delivery of a
controlled substance in Schedule I or Schedule II may not be
issued a marijuana grow site registration card or produce
marijuana for a registry identification cardholder for five years
from the date of conviction.
(c) A person convicted more than once of a Class A or Class B
felony under ORS 475.840 to 475.920 for the manufacture or
delivery of a controlled substance in Schedule I or Schedule II
may not be issued a marijuana grow site registration card or
produce marijuana for a registry identification cardholder.
(7) A registry identification cardholder or the designated
primary caregiver of the cardholder may reimburse the person
responsible for a marijuana grow site for the costs of supplies
and utilities associated with the production of marijuana for the
registry identification cardholder. No other costs associated
with the production of marijuana for the registry identification
cardholder, including the cost of labor, may be reimbursed.
SECTION 2. ORS 475.316 is amended to read:
475.316. (1) No person authorized to possess, deliver or
produce marijuana for medical use pursuant to ORS 475.300 to
475.346 shall be excepted from the criminal laws of this state or
shall be deemed to have established an affirmative defense to
criminal charges of which possession, delivery or production of
marijuana is an element if the person, in connection with the
facts giving rise to such charges:
(a) Drives under the influence of marijuana as provided in ORS
813.010;
(b) Engages in the medical use of marijuana in a public place
as that term is defined in ORS 161.015, or in public view or in a
correctional facility as defined in ORS 162.135 (2) or youth
correction facility as defined in ORS 162.135 (6);
(c) Delivers marijuana to any individual who the person knows
is not in possession of a registry identification card;
(d) Delivers marijuana for consideration to any individual,
even if the individual is in possession of a registry
identification card;
(e) Manufactures or produces marijuana at a place other than a
marijuana grow site authorized under ORS 475.304; { - or - }
(f) Manufactures or produces marijuana at more than one
address { + ; or
(g) Fails or refuses to submit to an inspection under the
circumstances described in ORS 475.304 + }.
(2) In addition to any other penalty allowed by law, a person
who the Department of Human Services finds has willfully violated
the provisions of ORS 475.300 to 475.346, or rules adopted under
ORS 475.300 to 475.346, may be precluded from obtaining or using
a registry identification card for the medical use of marijuana
for a period of up to six months, at the discretion of the
department.
SECTION 3. ORS 475.320 is amended to read:
475.320. (1)(a) A registry identification cardholder or the
designated primary caregiver of the cardholder may possess up to
six mature marijuana plants and 24 ounces of usable marijuana.
(b) Notwithstanding paragraph (a) of this subsection, if a
registry identification cardholder has been convicted of a Class
A or Class B felony under ORS 475.840 to 475.920 for the
manufacture or delivery of a controlled substance in Schedule I
or Schedule II, the registry identification cardholder or the
designated primary caregiver of the cardholder may possess one
ounce of usable marijuana at any given time for a period of five
years from the date of the conviction.
(2) A person authorized under ORS 475.304 to produce marijuana
at a marijuana grow site:
(a) May produce marijuana for and provide marijuana to a
registry identification cardholder or that person's designated
primary caregiver as authorized under this section.
(b) May possess up to six mature plants and up to 24 ounces of
usable marijuana for each cardholder or caregiver for whom
marijuana is being produced.
(c) May produce marijuana for no more than { - four - } { +
two + } registry identification cardholders or designated primary
caregivers concurrently.
(d) Must obtain and display a marijuana grow site registration
card issued under ORS 475.304 for each registry identification
cardholder or designated primary caregiver for whom marijuana is
being produced.
(e) Must provide all marijuana produced for a registry
identification cardholder or designated primary caregiver to the
cardholder or caregiver at the time the person responsible for a
marijuana grow site ceases producing marijuana for the cardholder
or caregiver.
(f) Must return the marijuana grow site registration card to
the registry identification cardholder to whom the card was
issued when requested to do so by the cardholder or when the
person responsible for a marijuana grow site ceases producing
marijuana for the cardholder or caregiver.
(3) Except as provided in subsections (1) and (2) of this
section, a registry identification cardholder, the designated
primary caregiver of the cardholder and the person responsible
for a marijuana grow site producing marijuana for the registry
identification cardholder may possess a combined total of up to
six mature plants and 24 ounces of usable marijuana for that
registry identification cardholder.
(4)(a) A registry identification cardholder and the designated
primary caregiver of the cardholder may possess a combined total
of up to 18 marijuana seedlings or starts as defined by rule of
the Department of Human Services.
(b) A person responsible for a marijuana grow site may possess
up to 18 marijuana seedlings or starts as defined by rule of the
department for each registry identification cardholder for whom
the person responsible for the marijuana grow site is producing
marijuana.
SECTION 4. ORS 475.323 is amended to read:
475.323. { + (1)(a) A registry identification cardholder, a
person responsible for a marijuana grow site and a designated
primary caregiver are subject to inspection under the
circumstances described in ORS 475.304. The Department of Human
Services shall revoke the registry identification card, marijuana
grow site registration card or designated primary caregiver
identification card of a person who fails to allow an inspection
under the circumstances described in ORS 475.304.
(b) If a person responsible for a marijuana grow site or a
designated primary caregiver fails to allow an inspection under
the circumstances described in ORS 475.304, the department shall
immediately notify the registry identification cardholder. Unless
the department or a law enforcement agency has probable cause to
believe that a registry identification cardholder has violated a
provision of ORS 475.300 to 475.346, the registry identification
cardholder shall have 24 hours to take possession of any usable
marijuana, plants, seedlings and seeds associated with the
production of marijuana for the cardholder. + }
{ - (1) Possession of a registry identification card or
designated primary caregiver identification card pursuant to ORS
475.309 does not alone constitute probable cause to search the
person or property of the cardholder or otherwise subject the
person or property of the cardholder to inspection by any
governmental agency. - }
(2) Any property interest possessed, owned or used in
connection with the medical use of marijuana or acts incidental
to the medical use of marijuana that has been seized by state or
local law enforcement officers may not be harmed, neglected,
injured or destroyed while in the possession of any law
enforcement agency. A law enforcement agency has no
responsibility to maintain live marijuana plants lawfully seized.
No such property interest may be forfeited under any provision of
law providing for the forfeiture of property other than as a
sentence imposed after conviction of a criminal offense. Usable
marijuana and paraphernalia used to administer marijuana that was
seized by any law enforcement office shall be returned
immediately upon a determination by the district attorney in
whose county the property was seized, or the district attorney's
designee, that the person from whom the marijuana or
paraphernalia used to administer marijuana was seized is entitled
to the protections contained in ORS 475.300 to 475.346. The
determination may be evidenced, for example, by a decision not to
prosecute, the dismissal of charges or acquittal.
SECTION 5. { + 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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