ORS 475.306 (1) (b) If the person is present at a location at which marijuana is produced, including any residence associated with that location, three mature marijuana plants, four immature marijuana plants and one ounce of usable marijuana per each mature plant.

EXPLANATION:

The statute currently allows patients and their designated primary caregivers to collectively possess no more than three ounces of usable marijuana at any one time. Deleting the word "mature" from the portion of the statute that sets out the amount of usable marijuana a cardholder and that person’s designated primary caregiver may collectively possess would allow patients and their caregivers to collectively possess no more than seven ounces at any one time.

RATIONALE:

Under the current statutory restrictions, medical marijuana patients are unable to retain an adequate supply of usable marijuana between harvests. Grow time for medicinal marijuana is at least four months, and by allowing only three ounces of usable medicine to be retained, many patients are placed in the position of not having an adequate supply of their medication for significant periods of time. Faced with the debilitating effects of the loss of their medication, law abiding citizens may then feel forced to resort to the black market and its supply. This sets up law enforcement and patients in an adversary position that was never the intent of the statute.

The statutory restriction is arbitrary, and has no medical or legal rationale. There are no studies to guide us in what is an "appropriate" dosage of medical marijuana. While we continue to be hopeful that the medical community will conduct serious research into the subject, there is no such information at this point in time. Absent such data, it is appropriate to give weight to the anecdotal information provided by patients. Much patient testimony has been documented about the lack of adequate supply of medication allowed under the current statute.

Patients will still be restricted from possessing large amounts of marijuana, and thereby continuing to minimize the risk of diversion. Making the suggested change will restrict patients to no more than seven ounces of usable marijuana, which will not provide a glut that might be tempting to divert.

The Oregon Medical Marijuana Act has been in place for five years. During that time patients have had the time to assess its strengths and weaknesses. One of those weaknesses clearly is the restriction of the amount of usable medication a patient may possess, because it is inadequate to the medical needs of many — perhaps thousands — of patients. Because the intent of the statute is to provide patients the opportunity for access to medical marijuana, it is only sensible that the restrictions contained within it would not prevent patients from legally obtaining the medication they need.