Bill Text: OR HB2919 | 2013 | Regular Session | Introduced
Bill Title: Relating to exemption from criminal offenses related to medical marijuana.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2919 Detail]
Download: Oregon-2013-HB2919-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1309 House Bill 2919 Sponsored by Representative BUCKLEY 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. Exempts from criminal offenses in which possessing, delivering or manufacturing marijuana is an element persons who perform certain services related to administration of medical marijuana or who research marijuana for medical purposes. Creates Cannabis Commission as semi-independent state agency for purpose of providing regulatory oversight over such activity. Authorizes commission to issue permits for specified activities and to adopt rules with which holder of permits must comply. Limits, until January 1, 2018, number of permits that commission may issue. A BILL FOR AN ACT Relating to exemption from criminal offenses related to medical marijuana; creating new provisions; and amending ORS 182.454. Be It Enacted by the People of the State of Oregon: { + DEFINITIONS + } SECTION 1. { + As used in sections 1 to 7 and 9 to 26 of this 2013 Act: (1) 'Attending physician' has the meaning given that term in ORS 475.302. (2) 'Debilitating medical condition' has the meaning given that term in ORS 475.302. (3) 'Designated primary caregiver' has the meaning given that term in ORS 475.302. (4) 'Distributor' means a person who holds a permit issued under section 19 of this 2013 Act that authorizes the person to transfer medical marijuana grown at an outdoor site, greenhouse site, indoor site or research site to a registry identification cardholder or designated caregiver registered with the Cannabis Commission under section 9 of this 2013 Act. (5) 'Greenhouse site' means a site operated by a person who holds a permit issued under section 13 of this 2013 Act that authorizes the person to grow medical marijuana in a greenhouse. (6) 'Indoor site' means a site operated by a person who holds a permit issued under section 13 of this 2013 Act that authorizes the person to grow medical marijuana indoors. (7) 'Inspector' means an individual who holds a permit issued under section 21 of this 2013 Act that authorizes the individual to inspect outdoor sites, greenhouse sites, indoor sites or research sites. (8) 'Marijuana' has the meaning given that term in ORS 475.005. (9) 'Medical marijuana' means marijuana produced and administered for the purpose of mitigating the symptoms or effects of a person's debilitating medical condition. (10) 'Outdoor site' means a site operated by a person who holds a permit issued under section 13 of this 2013 Act that authorizes the person to grow medical marijuana outdoors. (11) 'Professional services' means services for which a permit is issued under section 17 of this 2013 Act that authorizes an individual to perform specified services with respect to medical marijuana at an outdoor site, greenhouse site or indoor site or with respect to marijuana or medical marijuana at a research site. (12) 'Registry identification cardholder' means a person who holds a valid registry identification card under ORS 475.309. (13) 'Research site' means a site operated by a person who holds a permit issued under section 15 of this 2013 Act that authorizes the person to conduct research on marijuana for purposes described in section 16 of this 2013 Act. + } { + LEGISLATIVE FINDINGS + } SECTION 2. { + The Legislative Assembly finds and declares that: (1) Marijuana is an effective treatment for suffering caused by debilitating medical conditions and, therefore, marijuana should be treated like other medicines; (2) A person suffering from debilitating medical conditions should be allowed to use small amounts of marijuana without fear of civil or criminal penalties when the person's doctor advises the person that the use may provide a medical benefit; (3) ORS 475.300 to 475.346 is not the most effective means of achieving this state's goals with respect to marijuana as described in subsections (1) and (2) of this section; (4) Limits on possession are not the most effective means of regulating a legitimate medical marijuana industry because limits on possession, without ensuring professional competency and industry transparency, cause the unregulated proliferation of sites at which marijuana is grown; (5) Ensuring professional competency and industry transparency is the most effective means of regulating a legitimate medical marijuana industry; (6) There is a need for ensuring professional competency and industry transparency with regard to the medical marijuana industry; and (7) That need can be fulfilled without implicating the state in the manufacture, delivery or possession of marijuana and without the use of public moneys. + } { + CANNABIS COMMISSION + } SECTION 3. { + (1) The Cannabis Commission is established as a semi-independent state agency subject to ORS 182.456 to 182.472. (2) The commission consists of the following members appointed by the Governor: (a) One member who holds a doctoral degree in organic chemistry; (b) One member who holds a doctoral degree in botany, genomics or plant pathology; (c) One member who holds a master's or doctoral degree in finance; (d) One member who is licensed to practice medicine under ORS chapter 677; (e) One member who is an active member of the Oregon State Bar; (f) One member who an active member of the Oregon State Bar and who is admitted to practice before the United States District Court for the District of Oregon; (g) One member with expertise in chemistry and laboratory research; (h) One member with expertise in agricultural research; and (i) One member with expertise in patients' health needs. (3) In making appointments under subsection (2) of this section, the Governor shall consider recommendations made by organizations that study the medicinal applications of marijuana and agricultural, technological and innovative ways of achieving those applications. (4) The term of office for a member is four years, but a member serves at the pleasure of the Governor. Before the expiration of a term, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. (5) If a vacancy occurs on the commission, the Governor shall appoint a qualified person to serve the unexpired term. (6) A member of the commission must be a resident of this state or an officer or principal owner of an entity registered to do business in this state. (7) The members of the commission shall elect a chairperson and vice chairperson with duties and powers as determined by the commission. + } SECTION 4. { + Notwithstanding the term of office specified by section 3 of this 2013 Act, of the members first appointed to the Cannabis Commission: (1) Two shall serve for a term ending January 1, 2015; (2) Two shall serve for a term ending January 1, 2016; (3) Two shall serve for a term ending January 1, 2017; and (4) Three shall serve for a term ending January 1, 2018. + } SECTION 5. { + (1) In accordance with applicable provisions of ORS chapter 183, the Cannabis Commission may adopt rules necessary for the administration of sections 1 to 7 and 9 to 26 of this 2013 Act. (2) Notwithstanding ORS 182.460 and section 3 (1) of this 2013 Act, employees of the Cannabis Commission are not eligible for inclusion within the Public Employees Retirement System. + } SECTION 6. { + The Cannabis Commission shall create and maintain a long-term strategic plan for the development of a world-class medical marijuana industry that provides patients with medical products tailored for their individual health needs. The plan must address: (1) The establishment of communication channels by which patients, cultivators, physicians, service professionals, researchers and legislative decision makers share evidence and data; (2) The development of tools and services for educating the citizens of this state about medical uses for marijuana; (3) The development of an interface by which stakeholders of the medical marijuana industry may interact; and (4) The manner in which the medical marijuana industry may provide for a patient's complex health needs. + } SECTION 7. { + To carry out the purposes of sections 1 to 7 and 9 to 26 of this 2013 Act, the Cannabis Commission may: (1) Appoint officers and enter into agreements with consultants, agents and advisers, and prescribe their duties; (2) Appear before boards, commissions, departments or other agencies of municipal or county governments or the state government; (3) Procure insurance against any losses in connection with properties of the commission in amounts and from insurers as may be necessary or desirable; (4) Accept donations, grants, bequests and devises, conditional or otherwise, of money, property, services or other items of value, including interest, but excluding corporate stock, that may be received from a government agency or a public or private institution or person; (5) Hold donations, grants, bequests and devises received under subsection (4) of this section, in accordance with the terms and conditions of the donation, grant, bequest or devise, for any purpose specified in sections 1 to 7 and 9 to 26 of this 2013 Act; (6) Provide and pay for advisory services and technical assistance that the commission finds necessary or desirable; and (7) Exercise any other powers necessary for the operation and functioning of the commission under sections 1 to 7 and 9 to 26 of this 2013 Act. + } SECTION 8. ORS 182.454 is amended to read: 182.454. The following semi-independent state agencies are subject to ORS 182.456 to 182.472: (1) The Appraiser Certification and Licensure Board. (2) The State Board of Architect Examiners. (3) The State Board of Examiners for Engineering and Land Surveying. (4) The State Board of Geologist Examiners. (5) The State Landscape Architect Board. (6) The Oregon Board of Optometry. (7) The Oregon Patient Safety Commission. (8) The Oregon Wine Board. (9) The State Board of Massage Therapists. (10) The Physical Therapist Licensing Board. (11) The State Landscape Contractors Board. { + (12) The Cannabis Commission. + } { + REGISTRY AND PERMITS + } { + (Registry Identification Cardholders + } { + and Attending Physicians) + } SECTION 9. { + (1) A registry identification cardholder may register with the Cannabis Commission as provided in this section for purposes described in section 10 of this 2013 Act. (2) To register under this section, a registry identification cardholder shall: (a) Furnish the commission with evidence satisfactory to the commission that the registry identification cardholder is registered with the Oregon Health Authority under ORS 475.309; and (b) Pay a fee adopted by the commission by rule. + } SECTION 10. { + (1) A registry identification cardholder registered with the Cannabis Commission under section 9 of this 2013 Act, or the designated primary caregiver of a registry identification cardholder registered with the commission under section 9 of this 2013 Act, is authorized to: (a) Order medical marijuana from an outdoor site, greenhouse site, indoor site or research site; (b) Receive medical marijuana from a distributor; and (c) Possess medical marijuana in quantities authorized under ORS 475.320. (2) Registration under section 9 of this 2013 Act, or being the designated primary caregiver of a person registered under section 9 of this 2013 Act, and compliance with this section are an affirmative defense to a criminal charge as described in section 26 of this 2013 Act. + } SECTION 11. { + (1) An attending physician may register with the Cannabis Commission as provided in this section for purposes described in section 12 of this 2013 Act. (2) To register under this section, an attending physician shall furnish the commission with evidence satisfactory to the commission that the attending physician is licensed to practice medicine under ORS chapter 677. + } SECTION 12. { + (1) An attending physician registered with the Cannabis Commission under section 11 of this 2013 Act is authorized to: (a) Receive information from a research site regarding the specific types of medical marijuana that best meet the different health needs of patients; (b) Possess up to one ounce of each specific type of medical marijuana developed by a research site; (c) Dispense up to one ounce of a specific type of medical marijuana to a registry identification cardholder who is registered with the commission under section 9 of this 2013 Act for the purpose of determining whether that type of medical marijuana is an appropriate treatment for the registry identification cardholder's health needs; (d) Order medical marijuana from an outdoor site, greenhouse site, indoor site or research site for a registry identification cardholder; and (e) Provide and charge for training that is at a research site and that meets the training guidelines adopted by the commission under section 23 of this 2013 Act. (2) Registration under section 11 of this 2013 Act and compliance with this section are an affirmative defense to a criminal charge as described in section 26 of this 2013 Act. + } { + (Outdoor Sites, Greenhouse Sites and Indoor Sites) + } SECTION 13. { + (1) The Cannabis Commission shall issue to an applicant an outdoor site permit, greenhouse site permit or indoor site permit that authorizes a person to grow medical marijuana at the type of site for which the permit is issued for purposes described in section 14 of this 2013 Act if the applicant: (a) Successfully completes the training required under section 23 of this 2013 Act; (b) Performs satisfactorily on an examination prescribed by the commission; (c) Furnishes evidence satisfactory to the commission that the applicant meets any other qualifications adopted by the commission by rule; (d) Pays a fee adopted by the commission by rule; and (e) Meets the qualifications described in subsection (2) of this section. (2)(a) The commission shall conduct a nationwide criminal records check under ORS 181.534 of an applicant, or, if the applicant is not an individual, the individual applying on behalf of the applicant, for a permit under this section each time the applicant applies for a permit or for renewal of a permit. (b) The commission may not issue a permit under this section to a person convicted or listed on an application submitted under this section with a person convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, or of an equivalent crime in another jurisdiction, until five years after the date the convicted person completes the sentence for the crime for which the person has been convicted. (c) The commission may not issue a permit under this section to a person convicted or listed on an application submitted under this section with a person convicted more than once of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, or of an equivalent crime in another jurisdiction. (3)(a) The commission shall issue separate permits under this section to outdoor sites, greenhouse sites and indoor sites. Except as provided in paragraph (b) of this subsection, the commission shall establish by rule permissible locations and standards of operation for each type of site. (b) An outdoor site, greenhouse site or indoor site may not be located: (A) Within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors; or (B) In an area that is zoned for residential use. (4) The commission shall provide a copy of each permit issued under this section to the Department of State Police and the Oregon Health Authority. (5) A person who holds a permit under this section shall renew the permit, in accordance with rules adopted by the commission, every two years. + } SECTION 14. { + (1) An outdoor site, greenhouse site or indoor site is authorized, at the location for which a permit has been issued under section 13 of this 2013 Act, to: (a) Grow, produce or otherwise manufacture medical marijuana; (b) Possess medical marijuana; (c) Store medical marijuana; (d) Fill orders for medical marijuana submitted by registry identification cardholders, designated primary caregivers, research sites or attending physicians; (e) Receive payment for services rendered to registry identification cardholders, designated primary caregivers or research sites; (f) Package medical marijuana; and (g) Provide distributors with medical marijuana for delivery to registry identification cardholders, designated primary caregivers, research sites or, for amounts authorized under section 12 (1)(b) of this 2013 Act, attending physicians. (2) Holding a permit issued under section 13 of this 2013 Act and compliance with all conditions of holding a permit under section 13 of this 2013 Act, with rules adopted under section 13 of this 2013 Act and with this section are an affirmative defense to a criminal charge as described in section 26 of this 2013 Act. + } { + (Research Sites) + } SECTION 15. { + (1) The Cannabis Commission shall issue to an applicant, a research site permit that authorizes a person to conduct research on marijuana for purposes described in section 16 of this 2013 Act if the applicant: (a) Successfully completes the training required under section 23 of this 2013 Act; (b) Performs satisfactorily on an examination prescribed by the commission; (c) Furnishes evidence satisfactory to the commission that the applicant meets any other qualifications adopted by the commission by rule; (d) Pays a fee adopted by the commission by rule; and (e) Meets the qualifications described in subsection (2) of this section. (2)(a) The commission shall conduct a nationwide criminal records check under ORS 181.534 of an applicant, or, if the applicant is not an individual, the individual applying on behalf of the applicant, for a permit under this section each time the applicant applies for a permit or for renewal of a permit. (b) The commission may not issue a permit under this section to a person convicted or listed on an application submitted under this section with a person convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, or of an equivalent crime in another jurisdiction, until five years after the date the convicted person completes the sentence for the crime for which the person has been convicted. (c) The commission may not issue a permit under this section to a person convicted or listed on an application submitted under this section with a person convicted more than once of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, or of an equivalent crime in another jurisdiction. (3)(a) Except as provided in paragraph (b) of this subsection, the commission shall establish by rule permissible locations and standards of operation for a research site. (b) A research site may not be located: (A) Within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors; or (B) In an area that is zoned for residential use. (4) The commission shall provide a copy of each permit issued under this section to the Department of State Police and the Oregon Health Authority. (5) A person who holds a permit under this section shall renew the permit, in accordance with rules adopted by the commission, every two years. + } SECTION 16. { + (1) A research site is authorized, at the location for which a permit has been issued under section 15 of this 2013 Act, to: (a) Grow, produce or otherwise manufacture medical marijuana; (b) Possess medical marijuana and, for research purposes, marijuana; (c) Store medical marijuana and marijuana; (d) Order medical marijuana from an outdoor site, greenhouse site, indoor site or other research site; (e) Receive medical marijuana from a distributor; (f) Fill orders for medical marijuana submitted by registry identification cardholders, designated primary caregivers, other research sites or attending physicians; (g) Receive payment for services rendered to registry identification cardholders, designated primary caregivers or other research sites; (h) Package medical marijuana; (i) Provide distributors with medical marijuana for delivery to registry identification cardholders, designated primary caregivers, other research sites or, for amounts authorized under section 12 (1)(b) of this 2013 Act, attending physicians; (j) Provide attending physicians with information regarding the specific types of medical marijuana that best meet the different health needs of patients; (k) Conduct research on marijuana for purposes related to processing biomass; (L) Conduct research on marijuana for purposes related to determining the specific types of medical marijuana that best meet the different health needs of patients; (m) Blend marijuana for the purpose of creating specific types of medical marijuana that best meet the different health needs of patients; (n) Manufacture marijuana extracts for the purpose of creating specific types of medical marijuana that best meet the different health needs of patients; and (o) Provide and charge for training that meets the training guidelines adopted by the commission under section 23 of this 2013 Act. (2) Holding a permit issued under section 15 of this 2013 Act and compliance with all conditions of holding a permit under section 15 of this 2013 Act, with rules adopted under section 15 of this 2013 Act and with this section are an affirmative defense to a criminal charge as described in section 26 of this 2013 Act. + } { + (Professional Services Permit) + } SECTION 17. { + (1) The Cannabis Commission shall issue to an applicant a professional services permit that authorizes an individual to perform, in accordance with the terms of the permit, specified services with respect to medical marijuana at an outdoor site, greenhouse site or indoor site or with respect to medical marijuana or marijuana at a research site for purposes described in section 18 of this 2013 Act if the applicant: (a) Successfully completes the training required under section 23 of this 2013 Act; (b) Performs satisfactorily on an examination prescribed by the commission; (c) Furnishes evidence satisfactory to the commission that the applicant meets any other qualifications adopted by the commission by rule; (d) Pays a fee adopted by the commission by rule; and (e) Meets the qualifications described in subsection (2) of this section. (2)(a) The commission shall conduct a nationwide criminal records check under ORS 181.534 of an applicant for a permit under this section each time the applicant applies for a permit or for renewal of a permit. (b) The commission may not issue a permit under this section to an individual convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, or of an equivalent crime in another jurisdiction, until five years after the date the individual completes the sentence for the crime for which the individual has been convicted. (c) The commission may not issue a permit under this section to an individual convicted more than once of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, or of an equivalent crime in another jurisdiction. (3) The commission shall establish by rule subcategories of professional services under this section. For each subcategory, the commission shall specify the type of services that the individual who holds the permit may perform. The commission shall establish by rule permissible standards of conduct for each subcategory established under this section. (4) The commission shall provide a copy of each permit issued under this section to the Department of State Police and the Oregon Health Authority. (5) An individual who holds a permit under this section shall renew the permit, in accordance with rules adopted by the commission, every two years. + } SECTION 18. { + (1) An individual who holds a professional services permit issued under section 17 of this 2013 Act is authorized, at a location for which a permit has been issued under section 13 or 15 of this 2013 Act and in accordance with the terms of the permit as prescribed by the Cannabis Commission under section 17 (3) of this 2013 Act, to: (a) Grow, produce or otherwise manufacture medical marijuana; (b) Possess medical marijuana and, for research purposes, marijuana; (c) Order medical marijuana from an outdoor site, greenhouse site, indoor site or research site; (d) Receive medical marijuana from a distributor; (e) Fill orders for medical marijuana submitted by registry identification cardholders, designated primary caregivers, research sites or attending physicians; (f) Receive payment for services rendered to an outdoor site, greenhouse site, indoor site or research site; (g) Package medical marijuana; (h) Provide distributors with medical marijuana for delivery to registry identification cardholders, designated primary caregivers, research sites or, for amounts authorized under section 12 (1)(b) of this 2013 Act, attending physicians; (i) Provide attending physicians with information regarding the specific types of medical marijuana that best meet the different health needs of patients; (j) Conduct research on marijuana for purposes related to processing biomass; (k) Conduct research on marijuana for purposes related to determining the specific types of medical marijuana that best meet the different health needs of patients; (L) Blend marijuana for the purpose of creating specific types of medical marijuana that best meet the different health needs of patients; (m) Manufacture marijuana extracts for the purpose of creating specific types of medical marijuana that best meet the different health needs of patients; and (n) Provide and charge for training at a research site that meets the training guidelines adopted by the commission under section 23 of this 2013 Act. (2) Holding a permit issued under section 17 of this 2013 Act and compliance with all conditions of holding a permit under section 17 of this 2013 Act, with rules adopted under section 17 of this 2013 Act and with this section are an affirmative defense to a criminal charge as described in section 26 of this 2013 Act. + } { + (Distributor Permit) + } SECTION 19. { + (1) The Cannabis Commission shall issue to an applicant a distributor permit that authorizes a person to transfer medical marijuana grown at an outdoor site, greenhouse site, indoor site or research site to a registry identification cardholder registered with the commission under section 9 of this 2013 Act or the designated primary caregiver of a registry identification cardholder registered with the commission under section 9 of this 2013 Act if the applicant: (a) Successfully completes the training required under section 23 of this 2013 Act; (b) Performs satisfactorily on an examination prescribed by the commission; (c) Furnishes evidence satisfactory to the commission that the applicant meets any other qualifications adopted by the commission by rule; (d) Pays a fee adopted by the commission by rule; and (e) Meets the qualifications described in subsection (2) of this section. (2)(a) The commission shall conduct a nationwide criminal records check under ORS 181.534 of an applicant, or, if the applicant is not an individual, the individual applying on behalf of the applicant, for a permit under this section each time the applicant applies for a permit or for renewal of a permit. (b) The commission may not issue a permit under this section to a person convicted or listed on an application submitted under this section with a person convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, or of an equivalent crime in another jurisdiction, until five years after the date the convicted person completes the sentence for the crime for which the person has been convicted. (c) The commission may not issue a permit under this section to a person convicted or listed on an application submitted under this section with a person convicted more than once of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, or of an equivalent crime in another jurisdiction. (3) The commission shall establish by rule permissible standards of conduct for a distributor. (4) The commission shall provide a copy of each permit issued under this section to the Department of State Police and the Oregon Health Authority. (5) A person who holds a permit under this section shall renew the permit, in accordance with rules adopted by the commission, every two years. + } SECTION 20. { + (1) A distributor is authorized to: (a) Possess medical marijuana; (b) Transfer, pursuant to an order for medical marijuana submitted to an outdoor site, greenhouse site, indoor site or research site, medical marijuana from the outdoor site, greenhouse site, indoor site or research site to a registry identification cardholder registered with the commission under section 9 of this 2013 Act, designated primary caregiver of a registry identification cardholder registered with the commission under section 9 of this 2013 Act, research site, individual who holds a professional services permit issued under section 17 of this 2013 Act or, for amounts authorized under section 12 (1)(b) of this 2013 Act, attending physician; and (c) Receive payment for services rendered to an outdoor site, greenhouse site, indoor site, research site, registry identification cardholder, designated primary caregiver or individual who holds a professional services permit. (2) Holding a permit issued under section 19 of this 2013 Act and compliance with all conditions of holding a permit under section 19 of this 2013 Act, with rules adopted under section 19 of this 2013 Act and with this section are an affirmative defense to a criminal charge as described in section 26 of this 2013 Act. + } { + (Inspector Permit) + } SECTION 21. { + (1) The Cannabis Commission shall issue to an applicant an inspector permit that authorizes an individual to inspect outdoor sites, greenhouse sites, indoor sites or research sites for purposes described in section 22 of this 2013 Act if the applicant: (a) Successfully completes the training required under section 23 of this 2013 Act; (b) Performs satisfactorily on an examination prescribed by the commission; (c) Furnishes evidence satisfactory to the commission that the applicant meets any other qualifications adopted by the commission by rule; (d) Pays a fee adopted by the commission by rule; and (e) Meets the qualifications described in subsection (2) of this section. (2)(a) The commission shall conduct a nationwide criminal records check under ORS 181.534 of an applicant for a permit under this section each time the applicant applies for a permit or for renewal of a permit. (b) The commission may not issue a permit under this section to an individual convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, or of an equivalent crime in another jurisdiction, until five years after the date the individual completes the sentence for the crime for which the individual has been convicted. (c) The commission may not issue a permit under this section to an individual convicted more than once of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, or of an equivalent crime in another jurisdiction. (3) The commission shall establish by rule permissible standards of conduct for an inspector. (4) The commission shall provide a copy of each permit issued under this section to the Department of State Police and the Oregon Health Authority. (5) A person who holds a permit under this section shall renew the permit, in accordance with rules adopted by the commission, every two years. + } SECTION 22. { + (1) An inspector is authorized to: (a) Possess medical marijuana or, if the inspector is inspecting a research site, marijuana; (b) Inspect the premises of an outdoor site, greenhouse site, indoor site or research site to determine whether the site is in conformity with sections 1 to 7 and 9 to 26 of this 2013 Act or rules adopted by the Cannabis Commission under sections 1 to 7 and 9 to 26 of this 2013 Act; (c) Report the results of an inspection to the commission in a form and manner required by the commission by rule; and (d) Charge an outdoor site, greenhouse site, indoor site or research site for conducting an inspection. (2) Holding a permit issued under section 21 of this 2013 Act and compliance with all conditions of holding a permit under section 21 of this 2013 Act, with rules adopted under section 21 of this 2013 Act and with this section are an affirmative defense to a criminal charge as described in section 26 of this 2013 Act. + } { + TRAINING + } SECTION 23. { + (1) The Cannabis Commission shall adopt by rule training requirements that an applicant for a permit issued under section 13, 15, 17, 19 or 21 of this 2013 Act must successfully complete before receiving the permit. (2) Training required for receiving a permit under section 15, 17, 19 or 21 of this 2013 Act must take place at a research site. (3) Training required for receiving a permit under: (a) Section 13 of this 2013 Act must take into account the purposes authorized under section 14 of this 2013 Act; (b) Section 15 of this 2013 Act must take into account the purposes authorized under section 16 of this 2013 Act; (c) Section 17 of this 2013 Act must take into account the purposes authorized under section 18 of this 2013 Act; (d) Section 19 of this 2013 Act must take into account the purposes authorized under section 20 of this 2013 Act; or (e) Section 21 of this 2013 Act must take into account the purposes authorized under section 22 of this 2013 Act. (4) The commission may adopt by rule fees and charges for any training requirement adopted by the commission. (5) Training in accordance with this section and all rules adopted by the commission under this section are an affirmative defense to a criminal charge as described in section 26 of this 2013 Act. + } { + INDUSTRY TRANSPARENCY + } SECTION 24. { + (1) A person who holds an outdoor site permit, greenhouse site permit, indoor site permit or research site permit issued under section 13 or 15 of this 2013 Act shall submit to the Cannabis Commission, in a form and manner prescribed by the commission by rule, the following reports: (a) A weekly report on all orders filled for medical marijuana and all payments received for those orders; and (b) A monthly report on compliance with sections 1 to 7 and 9 to 26 of this 2013 Act. (2) In addition to the reports required under subsection (1) of this section, a person who holds a research permit issued under section 15 of this 2013 Act shall submit to the commission, in a form and manner prescribed by the commission by rule, an annual report on research related to the development of: (a) Specific types of medical marijuana that best meet the different health needs of patients; (b) Blending methods that create specific types of medical marijuana that best meet the different health needs of patients; (c) Marijuana extracts that best meet the different health needs of patients; and (d) Any other information required by the commission by rule. (3) The commission may adopt by rule requirements for the submission of reports by a person who holds a professional services permit issued under section 17 of this 2013 Act, a distributor permit issued under section 19 of this 2013 Act or an inspector permit issued under section 21 of this 2013 Act. (4) A report submitted under this section may not contain information that personally identifies a registry identification cardholder, designated primary caregiver or attending physician. (5) The commission shall make all reports submitted under this section available on a website maintained by the commission. + } SECTION 25. { + (1) As part of the agreement entered into between the Secretary of State under ORS 182.464 and the Cannabis Commission, the Secretary of State shall review all reports submitted under section 24 of this 2013 Act. (2) The Secretary of State shall prepare a biennial report describing the financial activities of all persons required to submit a report under section 24 of this 2013 Act. The report may be in a form and manner determined to be appropriate by the Secretary of State. The report shall be submitted to the commission not later than March 1 of each even-numbered year. The commission shall submit a copy of the report to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Legislative Fiscal Officer along with the report required under ORS 182.472. + } { + AFFIRMATIVE DEFENSE TO STATE PROSECUTION + } SECTION 26. { + (1) Except as provided in subsection (2) of this section, a person is not subject to prosecution under ORS 475.752 (1)(a), 475.856, 475.858, 475.860, 475.862 or 475.864, aiding and abetting another in the commission of ORS 475.752 (1)(a), 475.856, 475.858, 475.860, 475.862 or 475.864 or any other criminal offense in this state in which possessing, delivering or manufacturing marijuana is an element if the person: (a) Holds a permit issued by the Cannabis Commission under sections 1 to 7 and 9 to 26 of this 2013 Act; (b) Is in compliance with the applicable provisions of sections 1 to 7 and 9 to 26 of this 2013 Act with respect to the type of permit held by the person; and (c) Is in compliance with the applicable rules adopted by the commission under sections 1 to 7 and 9 to 26 of this 2013 Act with respect to the type of permit held by the person. (2) The exemption from prosecution described in subsection (1) of this section does not apply to a person who: (a) Violates ORS 813.010; or (b) Engages in the use of marijuana in a public place as defined in ORS 161.015, a correction facility as defined in ORS 162.135 or a youth correction facility as defined in ORS 162.135. + } { + TEMPORARY LIMITS ON ISSUANCE OF PERMITS + } SECTION 27. { + The Cannabis Commission may issue only 18 permits under sections 13 and 15 of this 2013 Act. Of those 18 permits: (1) Two must be for outdoor sites; (2) Two must be for greenhouse sites; (3) Two must be for indoor sites; and (4) Two must be for research sites. + } SECTION 28. { + Section 27 of this 2013 Act is repealed on January 1, 2018. + } { + UNIT CAPTIONS + } SECTION 29. { + The unit captions used in this 2013 Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 2013 Act. + } ----------