Bill Text: OR HB3129 | 2011 | Regular Session | Introduced

Oregon House Bill 3129 (Prior Session Legislation)

Introduced

Bill Title: Relating to the Oregon Medical Marijuana Program.

Sponsorship: Moderate Partisan Bill (Republican 10-2)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3129 Detail]

Download: Oregon-2011-HB3129-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1177

                         House Bill 3129

Sponsored by Representative OLSON; Representatives BARKER,
  FREEMAN, JOHNSON, KRIEGER, SCHAUFLER, SPRENGER, THOMPSON,
  WHISNANT, WINGARD, Senators KRUSE, MORSE

                             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 provisions relating to release of information from
Oregon Medical Marijuana Program to Oregon Health Authority and
law enforcement.

                        A BILL FOR AN ACT
Relating to the Oregon Medical Marijuana Program; amending ORS
  475.331.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 475.331 is amended to read:
  475.331. (1)(a) The Oregon Health Authority shall create and
maintain a list of the persons to whom the authority has issued
registry identification cards, the names of any designated
primary caregivers and the addresses of authorized marijuana grow
sites.  Except as provided in   { - subsection - }
 { + subsections + } (2)  { + to (4) + } of this section, the
list   { - shall be - }   { + is + } confidential and not subject
to public disclosure.
  (b) The authority shall develop a system by which authorized
employees of state and local law enforcement agencies may verify
at all times that a person is a lawful possessor of a registry
identification card or the designated primary caregiver of a
lawful possessor of a registry identification card or that a
location is an authorized marijuana grow site.
  (2)  { + The authority may release + } 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 authority as
necessary to perform official duties of the authority  { - ;
and - }  { + . + }
    { - (b) - }   { + (3) The authority shall release names and
other identifying information from the list established under
subsection (1) of this section to  + }authorized employees of
state or local law enforcement agencies  { - , only as
necessary - }  to verify { + : + }
   { +  (a) + } That a person is a   { - lawful possessor of
a - }  registry identification   { - card or - }
 { + cardholder, + } the designated primary caregiver of a
 { - lawful possessor of a - }  registry identification
  { - card - }   { + cardholder + } or  { + a person responsible
for a marijuana grow site registered under ORS 475.304;
  (b) + } That a location is an authorized marijuana grow site
 { - . - }  { + ; + }
   { +  (c) The number of registry identification cardholders for
whom a person is serving as a designated primary caregiver;
  (d) The number of registry identification cardholders for whom
a person responsible for a marijuana grow site is producing
marijuana; and
  (e) The number of persons responsible for a marijuana grow site
who are authorized to produce marijuana at a particular marijuana
grow site.
  (4) Upon receipt of a subpoena or court order, the authority
shall release all information related to a registry
identification cardholder, designated primary caregiver or person
responsible for a marijuana grow site, except information
relating to a registry identification cardholder's debilitating
medical condition, to authorized employees of a state or local
law enforcement agency for:
  (a) Use in a criminal action in which a defendant has raised a
defense under ORS 475.319; or
  (b) Use in a criminal investigation concerning violations of
ORS 475.005 to 475.285 and 475.840 to 475.980.
  (5)  + }  { - Prior to being provided - }   { + Before the
authority provides + } identifying information from the list { +
under subsection (3) or (4) of this section + }, authorized
employees of state or local law enforcement agencies
 { - shall - }   { + must + } provide to the authority adequate
identification, such as a badge number or similar authentication
of authority.
    { - (3) - }   { + (6) + } Authorized employees of state or
local law enforcement agencies that obtain   { - identifying - }
information   { - from the list as authorized under - }
 { + under subsection (3) or (4) of + } this section may
 { - not release or use the information for any purpose other
than verification that a person is a lawful possessor of a
registry identification card or the designated primary caregiver
of a lawful possessor of a registry identification card or that a
location is an authorized marijuana grow site - }  { +  use the
information only for the purposes for which it was obtained + }.
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