To: Oregon Medical Marijuana Program

From: The Stormy Ray Cardholders’ Foundation

Subject: Need for a legal opinion stating that OMMA patients maintain ownership of the 7 marijuana plants and all of the resulting medication when the medical marijuana garden is at the caregivers’ residence.

We would like to formally ask Dr. Grant Higginson to request a legal opinion from the Attorney Generals Office as to the ownership of medical marijuana plants and the resulting medication grown under the protection of OMMA.

During the last OMMP Advisory Meeting, a question was raised as to the ownership of the medical marijuana grown by OMMP caregivers. Some at the meeting were claiming that the medical marijuana plants belong to the caregiver. They were asserting that caregivers have the right to withhold medical marijuana grown for their patients.

The average 7 plant garden can produce three ounces of marijuana a month, yet too many patients have reported caregivers that have given them less than an ounce a month.

The misunderstanding about who owns the plants and medicine is one of the reasons so many patients are going without medicine. Excess medication should be given to other patients, not sold or diverted from this great program. There is plenty of medical marijuana being grown under OMMA.

ORS 475.306 states..."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.

ORS 475.302(7) "Medical use of marijuana" means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his or her debilitating medical condition.

Caregivers can only grow marijuana for their patients’ benefit. Caregivers have no medical need and no legal claim to own plants or marijuana. When patient terminates a caregiver relationship, or the caregiver quits, the caregiver looses their protection to grow marijuana under OMMA and should relinquish all plants and medication that belong to the patient.

We believe a legal opinion addressing the ownership of the marijuana grown under OMMA would help curtail some of the abuse of patients and this program.

We appreciate your speedy response to this request. Until the ownership of marijuana plants and medicine is confirmed, patients will continue to be victimized and abused.

God Bless,
Stormy Ray -The Stormy Ray Cardholders’ Foundation

p.s. Would you please forward this request to the other members of the OMMP Advisory Committee.