Legislative changes to OMMA for HB 2693

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 + } .

(SECTION 1) Amends 475.302 to read.

ADD (+) "Multiple Patient Designated primary caregiver" means a designated primary caregiver who is assisting four or more registry identification cardholders. (+)

ADD (+) "Multiple Patient Garden" a medical marijuana garden with four or more registry identification cardholder’s registering their medical marijuana garden at the same location. (+)

(SECTION 2) Amends 475.306 to read

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. DELETE (-) except as allowed in subsection (2) of this section, a registry identification cardholder and that person’s designated primary caregiver may not collectively possess, deliver or produce more than the following (-)

ADD (+) A registry identification cardholder and that person’s designated primary caregiver may not collectively possess, deliver or produce more than seven marijuana plants and three ounces of usable marijuana per plant. (+)

DELETE (-) (a) If the person is present at a location at which marijuana is not produced, including any residence associated with that location, one ounce of usable marijuana; and (-)

DELETE (-) (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. (-)

DELETE (-) (2) If the individuals described in subsection (1) of this section possess, deliver or produce marijuana in excess of the amounts allowed in subsection (1) of this section, such individuals are not excepted from the criminal laws of the state but may establish an affirmative defense to such charges, by a preponderance of the evidence, that the greater amount is medically necessary to mitigate the symptoms or effects of the person’s debilitating medical condition. (-)

DELETE (-) (3) The Department of Human Services shall define by rule when a marijuana plant is mature and when it is immature for purposes of this section. [1999 c.4 §7] (-)

ADD (+) The Department of Human Services Shall define rules for propagating marijuana plants by cloning and rules for propagating marijuana plants from seeds. DHS shall define how large a clone or seedling needs to be before it is counted as one of the seven marijuana plants allowed by ORS 475.306. (+)

(SECTION 3) Amends 475.309 to read.

ADD (+) A signed statement that the person has read educational materials about the medical use of marijuana or has read ORS 475.300 to 475.346 and understands the legal requirements for the medical use of marijuana. The department shall provide educational materials in a written form and on its website that explains OMMA and the legal requirements for the medical use of marijuana ( + }.

ADD (+) The Department of Human Services shall create an Oregon Medical Marijuana Act Registration Manual that clearly explains ORS 475.300 to 475.346 and rules adopted under ORS 475.300 to 475.346. The manual should be modeled after the Oregon Drivers Manual. (+)

ADD (+) The Department of Human Services shall create, or contract with outside agencies and organizations to create, educational materials and classes on how to grow and produce medical marijuana under OMMA regulations. The Department of Human Services shall be given the authority to charge a fee for the educational materials and classes that are made available to cover the cost of their development and operating expenses. Classes could also be offered on the Internet and in video format. (+)

ADD (+) (e) The location where the patient’s supply of medical marijuana in the amounts allowed in ORS 475.306 will be kept. The registry identification cardholder shall choose whether their supply of medical marijuana will be kept at the location of the designated primary caregiver, or the location of the registry identification cardholder. (+)

(5) 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. ADD (+) As part of the verification process, the department shall inform the applicant's attending physician if there has been a previous diagnosis by another attending physician that the applicant is no longer affected by a debilitating medical condition or that continued medical use of marijuana is contraindicated. +)

(a) The department may deny an application only for the following reasons:

(i) The applicant did not provide the information required pursuant to this section to establish his or her debilitating medical condition and to document his or her 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; or

(ii) The department determines that the information provided was falsified.

ADD (+)(iii) a registry identification cardholder, designated primary caregiver, or a multiple patient designated primary caregiver has been convicted of violating ORS 475.992 (1)(a), (b) or (c) or an equivalent offense in another jurisdiction. On the first offence of violating ORS 475.992 (1)(a), (b) or (c) or an equivalent offense in another jurisdiction, a registry identification cardholder, designated primary caregiver, or multiple patient designated primary caregiver may be prohibited from reapplying for a registry identification card for a period of up to one year. The Department may permanently prohibit a registry identification cardholder or Designated primary caregiver, or multiple patient designated primary caregiver, from making further application if convicted of a second offence of violating ORS 475.992 (1) (a), (b) or (c) or a equivalent offense in another jurisdiction while registered as a registry identification cardholder or designated primary caregiver or multiple patient designated primary caregiver. The Department shall determine the length of time a registry identification cardholder or a primary designated caregivers will be barred from further application, and hear appeals for reapplication. (+)

Delete (-) (8) 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 shall return the registry identification card to the department within seven calendar days of notification of the diagnosis. Any designated primary caregiver shall return his or her identification card within the same period of time. (-)

ADD (+) (8) No later than 30 days after an attending physician has diagnosed a person as no longer having a debilitating medical condition and has informed the person of that fact, the physician shall notify the department in writing of the change in diagnosis.

(b) No later than 30 days after an attending physician determines that continued medical use of marijuana by a person is contraindicated and has informed the person of that fact, the physician shall notify the department in writing of the determination.

(c) Upon receiving notice under paragraph (a) or (b) of this subsection, the department shall revoke the registry identification card of the person. No sooner than 45 days and no later than 60 days after receiving notice under paragraph (a) or (b) of this subsection, the department shall send the person a notice of revocation that includes a direction to the person to return the person's registry identification card and, if the person has a designated primary caregiver, the primary caregiver's identification card to the department. The revocation takes effect on the date that the person receives the notice of revocation. No later than seven days after receiving the notice of revocation, the person shall return the person's registry identification card and, if the person has a designated primary caregiver, the primary caregiver's identification card to the department.

(d) Notwithstanding paragraph (c) of this subsection, if a person provides the department with valid written documentation from a different attending physician prior to receiving the notice of revocation, the person's registry identification card and, if the person has a designated primary caregiver, the primary caregiver's identification card remain valid. (+ )

(SECTION 4) Amends 475.312 to read.

ADD (+) The Department of Human Services shall create a "Multiple patient Designated Primary Caregiver" certification program modeled after the SDSD provider program. A multiple patient designated primary caregiver would be required to demonstrate they understand OMMA as presented in the Oregon Medical Marijuana Act registration Manual. The Department of Human Services shall be given the authority to inspect "Multiple Patient Gardens" and to arbitrate disputes between registry identification cardholder’s and their designated primary caregivers. Oregonians that wish to volunteer as designated primary caregivers and who have completed the certification program could be placed on a state referral list made available to registry identification cardholders who need a caregiver. (+)

(SECTION 5) Amends 475.316 to read

ADD (+) Possession of marijuana in a public place within the amounts allowed in ORS 475.306 shall not be considered medical use of marijuana in a public place. Registry identification cardholder’s and designated primary caregivers may transport medical marijuana within the limits allowed in ORS

475.306. (+)

ADD (+) Delivering marijuana, marijuana plants, marijuana clones and marijuana seedlings, for no consideration to a person who is in possession of a registry identification card is not a violation of OMMA.

(SECTION 6) Amends 475.319 to read.

DELETE (-) 475.319 Affirmative defense to certain criminal laws involving marijuana available to cardholder. (-)

DELETE (-) (1) Except as provided in ORS 475.316 and 475.342, it is an affirmative defense to a criminal charge of possession or production of marijuana, or any other criminal offense in which possession or production of marijuana is an element, that the person charged with the offense is a person who: (-)

DELETE (-) (a) Has been diagnosed with a debilitating medical condition within 12 months prior to arrest and been advised by his or her attending physician the medical use of marijuana may mitigate the symptoms or effects of that debilitating medical condition; (-)

DELETE (-) (b) Is engaged in the medical use of marijuana; and (-)

DELETE (-) (c) Possesses or produces marijuana only in the amounts allowed in ORS 475.306 (1), or in excess of those amounts if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person’s attending physician to mitigate the symptoms or effects of the person’s debilitating medical condition. (-)

(DELETE (-) 2) It is not necessary for a person asserting an affirmative defense pursuant to this section to have received a registry identification card in order to assert the affirmative defense established in this section. (-)

(3) No person engaged in the medical use of marijuana who claims that marijuana provides medically necessary benefits and who is charged with a crime pertaining to such use of marijuana shall be precluded from presenting a defense of choice of evils, as set forth in ORS 161.200, or from presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition, provided that the amount of marijuana at issue is no greater than permitted under ORS 475.306 and the patient has taken a substantial step to comply with the provisions of ORS 475.300 to 475.346.

DELETE (-) (4) Any defendant proposing to use the affirmative defense provided for by this section in a criminal action shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the intention to offer such a defense that specifically states the reasons why the defendant is entitled to assert and the factual basis for such affirmative defense. If the defendant fails to file and serve such notice, the defendant shall not be permitted to assert the affirmative defense at the trial of the cause unless the court for good cause orders otherwise. [1999 c.4 §6; 1999 c.825 §4] (-)

(SECTION 7) Amends 475.331 to read.

(1) The Department of Human Services shall create and maintain a list of the persons to whom the department has issued registry identification cards pursuant to ORS 475.309 and the names of any designated primary caregivers. Except as provided in subsection (2) of this section, the list shall be confidential and not subject to public disclosure.

(2) Names and other identifying information from the list established pursuant to subsection (1) of this section may be released to:

(a) Authorized employees of the department as necessary to perform official duties of the department; and

(b) Authorized employees of state or local law enforcement agencies, only as necessary to verify that a person is a lawful possessor of a registry identification card or that a person is the designated primary caregiver of such a person. [1999 c.4 §12]

ADD (+) (c) Prior to the release of verification information by the department, a state or local law enforcement officer must provide a badge number or other acceptable identification to confirm authorization to receive such information. (+)

ADD (+) (d) Law enforcement officials and agencies receiving such information may not release it or use it for purposes other than the verification of patient or caregiver information. (+)

ADD (+) (e) The department shall develop a query system to ensure the ability of authorized employees of state and local law enforcement agencies to verify at all times that a person is a lawful possessor of a registry identification card or that a person is the designated primary caregiver of such a person and what location the registry identification cardholder’s supply of medical marijuana will be kept. (+)

(SECTION 8)

ADD { +) This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its Passage. ( + )