Bill Text: OR HB3202 | 2011 | Regular Session | Introduced

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Bill Title: Relating to medical use of marijuana.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3202 Detail]

Download: Oregon-2011-HB3202-Introduced.html

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     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 64

                         House Bill 3202

Sponsored by Representatives ESQUIVEL, GARRARD; Representatives
  HANNA, KRIEGER, MATTHEWS, SCHAUFLER, SPRENGER, THATCHER,
  Senator ATKINSON

                             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 of Oregon Medical Marijuana Act.

                        A BILL FOR AN ACT
Relating to medical use of marijuana; creating new provisions;
  amending ORS 475.302, 475.303, 475.304, 475.306, 475.309,
  475.316, 475.319, 475.320, 475.323, 475.324, 475.326, 475.328
  and 475.331; and repealing ORS 475.312.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 475.302 is amended to read:
  475.302. As used in ORS 475.300 to 475.346:
    { - (1) 'Attending physician' means a physician licensed
under ORS chapter 677 who has primary responsibility for the care
and treatment of a person diagnosed with a debilitating medical
condition. - }
    { - (2) 'Authority' means the Oregon Health Authority. - }
    { - (3) - }   { + (1) + } 'Debilitating medical condition'
means:
  (a) Cancer, glaucoma, agitation due to Alzheimer's disease,
positive status for human immunodeficiency virus or acquired
immune deficiency syndrome, or treatment for these conditions;
  (b) A medical condition or treatment for a medical condition
that produces, for a specific patient, one or more of the
following:
  (A) Cachexia;
  (B) Severe  { + chronic + } pain;
  (C) Severe nausea;
  (D) Seizures, including but not limited to seizures caused by
epilepsy; or
  (E) Persistent muscle spasms, including but not limited to
spasms caused by multiple sclerosis; or
  (c) Any other medical condition or treatment for a medical
condition adopted by the  { + Oregon Health + } Authority by rule
or approved by the authority pursuant to a petition submitted
pursuant to ORS 475.334.
    { - (4) - }   { + (2) + } 'Delivery' has the meaning given
that term in ORS 475.005.   { -  ' Delivery' does not include
transfer of marijuana by a registry identification cardholder to
another registry identification cardholder if no consideration is
paid for the transfer. - }
    { - (5) 'Designated primary caregiver' means an individual 18
years of age or older who has significant responsibility for
managing the well-being of a person who has been diagnosed with a
debilitating medical condition and who is designated as such on
that person's application for a registry identification card or
in other written notification to the authority. 'Designated
primary caregiver' does not include the person's attending
physician. - }
    { - (6) - }   { + (3) + } 'Marijuana' has the meaning given
that term in ORS 475.005.
    { - (7) - }   { + (4) + } 'Marijuana grow site' means a
location where marijuana is produced for use by a registry
identification cardholder and that is registered under the
provisions of ORS 475.304.
    { - (8) - }   { + (5) + } '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 the person's debilitating medical
condition.
    { - (9) - }   { + (6) + } 'Production' has the meaning given
that term in ORS 475.005.
    { - (10) - }   { + (7) + } 'Registry identification card'
means a document issued by the authority that identifies a person
authorized to engage in the medical use of marijuana   { - and
the person's designated primary caregiver, if any - } .
    { - (11) - }   { + (8) + } 'Usable marijuana' means the dried
leaves and flowers of the plant Cannabis family Moraceae, and any
mixture or preparation thereof, that are appropriate for medical
use as allowed in ORS 475.300 to 475.346. 'Usable marijuana' does
not include the seeds, stalks and roots of the plant.
    { - (12) - }   { + (9) + } 'Written documentation' means a
statement signed by the   { - attending - }   { + primary
care + } physician of a person diagnosed with a debilitating
medical condition or copies of the person's relevant medical
records.
  SECTION 2. ORS 475.303 is amended to read:
  475.303. (1) There is created the Advisory Committee on Medical
Marijuana in the Oregon Health Authority, consisting of 11
members appointed by the Director of the Oregon Health Authority.
  (2) The director shall appoint   { - members of the committee
from persons who possess registry identification cards,
designated primary caregivers of persons who possess registry
identification cards and advocates of the Oregon Medical
Marijuana Act. - }  { +  to the committee:
  (a) At least one person who possesses a registry identification
card;
  (b) At least three physicians licensed under ORS chapter 677;
  (c) At least three persons who work in the field of drug
addiction recovery; and
  (d) At least one person who is an advocate of the Oregon
Medical Marijuana Act. + }
  (3) The committee shall advise the director on the
administrative aspects of the Oregon Medical Marijuana Program,
review current and proposed administrative rules of the program
and provide annual input on the fee structure of the program.
  (4) The committee shall meet at least four times per year, at
times and places specified by the director.
  (5) The authority shall provide staff support to the committee.
  (6) All agencies of state government, as defined in ORS
174.111, are directed to assist the committee in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish information and advice that the
members of the committee consider necessary to perform their
duties.
  SECTION 3. ORS 475.304 is amended to read:
  475.304. (1) { + (a) + } The Oregon Health Authority shall
establish by rule a marijuana grow site registration system to
authorize production of marijuana by a registry identification
cardholder  { - , a designated primary caregiver who grows
marijuana for the cardholder - }  or a person who is responsible
for a marijuana grow site. The marijuana grow site registration
system adopted must require a registry identification cardholder
to submit an application to the authority that includes:
    { - (a) - }   { + (A) + } The name of the person responsible
for the marijuana grow site;
    { - (b) - }   { + (B) + } The address of the marijuana grow
site;
    { - (c) - }   { + (C) + } The registry identification card
number of the registry cardholder for whom the marijuana is being
produced;
  { - and - }
   { +  (D) An agreement signed by the person responsible for the
marijuana grow site authorizing any law enforcement agency to
inspect the marijuana grow site for compliance with ORS 475.300
to 475.346; and + }
    { - (d) - }   { + (E) + } Any other information the authority
considers necessary.
   { +  (b) A marijuana grow site may produce marijuana for no
more than four registry identification cardholders.
  (c) A marijuana grow site may not be operated at an address
that is within 1,000 feet of a school in violation of ORS
475.858. + }
  (2) The authority shall issue a marijuana grow site
registration card to a registry identification cardholder who has
met the requirements of subsection (1) of this section.
  (3) A person who has been issued a marijuana grow site
registration card under this section must { + :
  (a) + } Display the registration card at the marijuana grow
site at all times when marijuana is being produced  { - . - }
 { + ; and
  (b) Annually submit to the authority updated information as
required in subsection (1)(a) of this section, including the
agreement required by subsection (1)(a)(D) of this section. + }
  (4) A marijuana grow site registration card must be obtained
and posted for each registry identification cardholder for whom
marijuana is being produced at a marijuana grow site.
  (5) All usable marijuana, plants, seedlings and seeds
associated with the production of marijuana for a registry
identification cardholder by a person responsible for a marijuana
grow site are the property of the registry identification
cardholder and must be provided to the registry identification
cardholder upon request.
  (6)(a) The authority shall conduct a criminal records check
under ORS 181.534 of any person whose name is submitted as a
person responsible for a marijuana grow site.
  (b) A person convicted of a Class A or Class B felony under ORS
475.840 to 475.920 for the manufacture or delivery of a
controlled substance in Schedule I or Schedule II may not be
issued a marijuana grow site registration card or produce
marijuana for a registry identification cardholder for
 { - five - }   { + 15 + } years from the date of conviction.
  (c) A person convicted more than once of a Class A or Class B
felony under ORS 475.840 to 475.920 for the manufacture or
delivery of a controlled substance in Schedule I or Schedule II
may not be issued a marijuana grow site registration card or
produce marijuana for a registry identification cardholder.
  (7) A registry identification cardholder   { - or the
designated primary caregiver of the cardholder - }  may reimburse
the person responsible for a marijuana grow site for the costs of
supplies and utilities associated with the production of
marijuana for the registry identification cardholder. No other
costs associated with the production of marijuana for the
registry identification cardholder, including the cost of labor,
may be reimbursed.
  SECTION 4. ORS 475.306 is amended to read:
  475.306. (1) 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.
  (2) A person who is a registry identification cardholder must
possess the registry identification card when using or
transporting marijuana in a location other than the residence of
the cardholder.
  (3) The Oregon Health Authority shall define by rule when a
marijuana plant is mature and when it is immature. The rule shall
provide that a plant that has no flowers and that is less than 12
inches in height and less than 12 inches in diameter is a
seedling or a start and is not a mature plant.
  SECTION 5. ORS 475.309 is amended to read:
  475.309. (1) Except as provided in ORS 475.316, 475.320 and
475.342, a person engaged in or assisting in the medical use of
marijuana is excepted from the criminal laws of the state for
possession, delivery or production of marijuana, aiding and
abetting another in the possession, delivery or production of
marijuana or any other criminal offense in which possession,
delivery or production of marijuana is an element if the
following conditions have been satisfied:
  (a) The person holds a registry identification card issued
pursuant to this section  { - , has applied for a registry
identification card pursuant to subsection (9) of this section,
is the designated primary caregiver of the cardholder or
applicant, - } or is the person responsible for a marijuana grow
site that is producing marijuana for the cardholder and is
registered under ORS 475.304; and
  (b) The person who has a debilitating medical condition  { - ,
the person's primary caregiver - }  and the person responsible
for a marijuana grow site that is producing marijuana for the
cardholder and is registered under ORS 475.304 are
 { - collectively - }  in possession of, delivering or producing
marijuana for medical use in amounts allowed under ORS 475.320.
  (2) The Oregon Health Authority shall establish and maintain a
program for the issuance of registry identification cards to
persons who meet the requirements of this section.   { - Except
as provided in subsection (3) of this section, - }  The authority
shall issue a registry identification card to any person  { + who
is at least 18 years of age, + }   { - who - }  pays a fee in the
amount established by the authority and provides the following:
  (a) Valid, written documentation from the person's
  { - attending - }   { + primary care + } physician
stating { + :
  (A) + } That the person has been diagnosed with a debilitating
medical condition   { - and - }  { + ;
  (B) + } That the medical use of marijuana may mitigate the
symptoms or effects of the person's debilitating medical
condition;
   { +  (C) The amount of marijuana recommended by the physician
to treat the person's debilitating medical condition; and
  (D) That the physician has discussed the potential medical
risks and benefits of the medical use of marijuana with the
person; + }
  (b) The name, address and date of birth of the person;
  (c) The name, address and telephone number of the person's
  { - attending - }   { + primary care + } physician; { +
and + }

    { - (d) The name and address of the person's designated
primary caregiver, if the person has designated a primary
caregiver at the time of application; and - }
    { - (e) - }   { + (d) + } A written statement that indicates
whether the marijuana used by the cardholder will be produced at
a location where the cardholder   { - or designated primary
caregiver - }  is present or at another location.
    { - (3) The authority shall issue a registry identification
card to a person who is under 18 years of age if the person
submits the materials required under subsection (2) of this
section, and the custodial parent or legal guardian with
responsibility for health care decisions for the person under 18
years of age signs a written statement that: - }
    { - (a) The attending physician of the person under 18 years
of age has explained to that person and to the custodial parent
or legal guardian with responsibility for health care decisions
for the person under 18 years of age the possible risks and
benefits of the medical use of marijuana; - }
    { - (b) The custodial parent or legal guardian with
responsibility for health care decisions for the person under 18
years of age consents to the use of marijuana by the person under
18 years of age for medical purposes; - }
    { - (c) The custodial parent or legal guardian with
responsibility for health care decisions for the person under 18
years of age agrees to serve as the designated primary caregiver
for the person under 18 years of age; and - }
    { - (d) The custodial parent or legal guardian with
responsibility for health care decisions for the person under 18
years of age agrees to control the acquisition of marijuana and
the dosage and frequency of use by the person under 18 years of
age. - }
    { - (4) - }   { + (3) + } A person applying for a registry
identification card pursuant to this section may submit the
information required in this section to a county health
department for transmittal to the authority. A county health
department that receives the information pursuant to this
subsection shall transmit the information to the authority within
five days of receipt of the information. Information received by
a county health department pursuant to this subsection
 { - shall be - }   { + is + } confidential and not subject to
disclosure, except as required to transmit the information to the
authority.
   { +  (4)(a) The authority shall conduct a criminal records
check under ORS 181.534 on a person who applies for a registry
identification card.
  (b) A person convicted of a Class A or Class B felony under ORS
475.840 to 475.920 for the manufacture or delivery of a
controlled substance in Schedule I or Schedule II may not be
issued a registry identification card for 15 years from the date
of conviction.
  (c) A person convicted more than once of a Class A or Class B
felony under ORS 475.840 to 475.920 for the manufacture or
delivery of a controlled substance in Schedule I or Schedule II
may not be issued a registry identification card. + }
  (5)(a) The authority shall verify the information contained in
an application submitted pursuant to this section and shall
approve or deny an application within   { - thirty - }
 { + 30 + } days of receipt of the application.
  (b) In addition to the   { - authority - }   { + power + }
granted to the authority under ORS 475.316 to deny an
application, the authority may deny an application for the
following reasons:
  (A) The applicant did not provide the information required
pursuant to this section to establish the applicant's
debilitating medical condition and to document the applicant's
consultation with   { - an attending - }   { + the applicant's
primary care + } physician regarding the medical use of marijuana
in connection with such condition, as provided in
 { - subsections (2) and (3) - }   { + subsection (2) + } of this
section;
  (B) The authority determines that the information provided was
falsified; or
  (C) The applicant has been prohibited by a court order from
obtaining a registry identification card.
  (c) Denial of a registry identification card   { - shall be
considered - }   { + is + } a final authority action, subject to
judicial review. Only the person whose application has been
denied  { - , or, in the case of a person under the age of 18
years of age whose application has been denied, the person's
parent or legal guardian, shall have - }   { + has + } standing
to contest the authority's action.
  (d)   { - Any - }   { + A + } person whose application has been
denied may not reapply for six months from the date of the
denial, unless so authorized by the authority or a court of
competent jurisdiction.
  (6)  { - (a) - }  If the authority has verified the information
submitted pursuant to   { - subsections (2) and (3) - }
 { + subsection (2) + } of this section and none of the reasons
for denial listed in
  { - subsection - }   { + subsections (4) and + } (5)(b) of this
section is applicable, the authority shall issue a serially
numbered registry identification card within five days of
verification of the information. The registry identification card
shall state:
    { - (A) - }   { + (a) + } The cardholder's name, address and
date of birth;
    { - (B) - }   { + (b) + } The date of issuance and expiration
date of the registry identification card;
    { - (C) The name and address of the person's designated
primary caregiver, if any; - }
    { - (D) - }   { + (c) + } Whether the marijuana used by the
cardholder will be produced at a location where the cardholder
 { - or designated primary caregiver - }  is present or at
another location; and
    { - (E) - }   { + (d) + } Any other information that the
authority may specify by rule.
    { - (b) When the person to whom the authority has issued a
registry identification card pursuant to this section has
specified a designated primary caregiver, the authority shall
issue an identification card to the designated primary caregiver.
The primary caregiver's registry identification card shall
contain the information provided in paragraph (a) of this
subsection. - }
  (7)(a) A person who possesses a registry identification card
shall:
  (A) Notify the authority of any change in the person's name,
address  { - , attending - }   { + or primary care + } physician
 { - or designated primary caregiver - } .
  (B) If applicable, notify the   { - designated primary
caregiver of the cardholder and the - }  person responsible for
the marijuana grow site that produces marijuana for the
cardholder of any change in status including, but not limited to:
    { - (i) The assignment of another individual as the
designated primary caregiver of the cardholder; - }
    { - (ii) - }   { + (i) + } The assignment of another
individual as the person responsible for a marijuana grow site
producing marijuana for the cardholder; or
    { - (iii) - }   { + (ii) + } The end of the eligibility of
the cardholder to hold a valid registry identification card.
  (C) Annually submit to the authority  { - : - }
    { - (i) - }  updated written documentation from the
cardholder's
  { - attending physician of the person's debilitating medical
condition and that the medical use of marijuana may mitigate the
symptoms or effects of the person's debilitating medical
condition; and - }  { +  primary care physician as provided in
subsection (2)(a) of this section. + }
    { - (ii) The name of the person's designated primary
caregiver if a primary caregiver has been designated for the
upcoming year. - }
  (b) If a person who possesses a registry identification card
fails to comply with this subsection, the card { +  expires. + }
 { - shall be deemed expired. If a registry identification card
expires, the identification card of any designated primary
caregiver of the cardholder shall also expire. - }
  (8)(a) A person who possesses a registry identification card
pursuant to this section and who has been diagnosed by the
person's   { - attending - }   { + primary care + } physician as
no longer having a debilitating medical condition or whose
 { - attending - }   { + primary care + } physician has
determined that the medical use of marijuana is contraindicated
for the person's debilitating medical condition shall return the
registry identification card and any other associated Oregon
Medical Marijuana Program cards to the authority within 30
calendar days of notification of the diagnosis or notification of
the contraindication.
  (b) If, due to circumstances beyond the control of the registry
identification cardholder, a cardholder is unable to obtain a
second medical opinion about the cardholder's continuing
eligibility to use medical marijuana before the 30-day period
specified in paragraph (a) of this subsection has expired, the
authority may grant the cardholder additional time to obtain a
second opinion before requiring the cardholder to return the
registry identification card and any associated cards.
    { - (9) A person who has applied for a registry
identification card pursuant to this section but whose
application has not yet been approved or denied, and who is
contacted by any law enforcement officer in connection with the
person's administration, possession, delivery or production of
marijuana for medical use may provide to the law enforcement
officer a copy of the written documentation submitted to the
authority pursuant to subsection (2) or (3) of this section and
proof of the date of mailing or other transmission of the
documentation to the authority. This documentation shall have the
same legal effect as a registry identification card until such
time as the person receives notification that the application has
been approved or denied. - }
    { - (10) - }   { + (9) + } A registry identification
cardholder has the primary responsibility of notifying the
 { - primary caregiver and - } person responsible for the
marijuana grow site that produces marijuana for the cardholder of
any change in status of the cardholder. If the authority is
notified by the cardholder that a
  { - primary caregiver or - }  person responsible for a
marijuana grow site has changed, the authority shall notify
 { - the primary caregiver or - }  the person responsible for the
marijuana grow site by mail at the address of record confirming
the change in status and informing the   { - caregiver or - }
person that   { - their - }   { + the person's + } card is no
longer valid and must be returned to the authority.
    { - (11) - }   { + (10) + } The authority shall revoke the
registry identification card of a cardholder if a court has
issued an order that prohibits the cardholder from participating
in the medical use of marijuana or otherwise participating in the
Oregon Medical Marijuana Program under ORS 475.300 to 475.346.
The cardholder shall return the registry identification card to
the authority within seven calendar days of notification of the
revocation. If the cardholder is a patient, the patient shall
return the patient's card and all other associated Oregon Medical
Marijuana Program cards.
   { +  (11) If a cardholder is charged with a crime as a result
of noncompliance with the provisions of ORS 475.300 to 475.346,
the authority shall suspend the cardholder's registry
identification card. If the cardholder is convicted of the crime,
the authority shall revoke the cardholder's registry
identification card. If the cardholder is not convicted of the
crime, the authority shall reinstate the cardholder's registry
identification card. + }
  (12) The authority and employees and agents of the authority
acting within the course and scope of their employment are immune
from any civil liability that might be incurred or imposed for
the performance of or failure to perform duties required by this
section.
  SECTION 6. ORS 475.316 is amended to read:
  475.316. (1)   { - No - }   { + A + } person authorized to
possess, deliver or produce marijuana for medical use pursuant to
ORS 475.300 to 475.346   { - shall be - }   { + is not + }
excepted from the criminal laws of this state   { - or shall be
deemed to have established - }   { + and may not establish  + }an
affirmative defense to criminal charges of which possession,
delivery or production of marijuana is an element if the person,
in connection with the facts giving rise to such charges:
  (a) Drives under the influence of marijuana as provided in ORS
813.010;
  (b) Engages in the  { + production or + } medical use of
marijuana in a public place as that term is defined in ORS
161.015,   { - or - }  in public view or in a correctional
facility as defined in ORS 162.135 (2) or youth correction
facility as defined in ORS 162.135 (6);
  (c) Delivers marijuana to any   { - individual who the person
knows is not in possession of a registry identification card - }
 { + other person, unless the person delivering the marijuana is
the person responsible for a grow site registered under ORS
475.304 to produce marijuana for the person receiving the
marijuana + };
  (d) Delivers marijuana for consideration to any
 { - individual - }  { +  person + }, even if the
 { - individual - }   { + person + } is in possession of a
registry identification card;
  (e) Manufactures or produces marijuana at a place other than a
marijuana grow site authorized under ORS 475.304; or
  (f) Manufactures or produces marijuana at more than one
address.
  (2) In addition to any other penalty allowed by law, a person
who the Oregon Health Authority finds has willfully violated the
provisions of ORS 475.300 to 475.346, or rules adopted under ORS
475.300 to 475.346, may be precluded from obtaining or using a
registry identification card for the medical use of marijuana for
a period of up to six months, at the discretion of the authority.
  SECTION 7. ORS 475.319 is amended to read:
  475.319. (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 { +  possesses a registry
identification card issued under ORS 475.309. + }   { - is a
person who: - }
    { - (a) Has been diagnosed with a debilitating medical
condition within 12 months prior to arrest and been advised by
the person's attending physician that the medical use of
marijuana may mitigate the symptoms or effects of that
debilitating medical condition; - }
    { - (b) Is engaged in the medical use of marijuana; and - }

    { - (c) Possesses or produces marijuana only in amounts
permitted under ORS 475.320. - }
    { - (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 475.320
and the patient has taken a substantial step to comply with the
provisions of ORS 475.300 to 475.346. - }
    { - (4) - }   { + (2) + }   { - Any - }   { + A + } 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 is not permitted to assert the affirmative defense
at the trial of the cause unless the court for good cause orders
otherwise.
  SECTION 8. ORS 475.320 is amended to read:
  475.320. (1)  { - (a) - }  A registry identification cardholder
 { - or the designated primary caregiver of the cardholder may
possess up to six mature marijuana plants and 24 ounces of usable
marijuana - }  { +  may possess up to two mature marijuana
plants, two seedlings or starts, as defined by rule of the Oregon
Health Authority, and one ounce of usable marijuana + }.
    { - (b) Notwithstanding paragraph (a) of this subsection, if
a registry identification cardholder has been convicted of a
Class A or Class B felony under ORS 475.840 to 475.920 for the
manufacture or delivery of a controlled substance in Schedule I
or Schedule II, the registry identification cardholder or the
designated primary caregiver of the cardholder may possess one
ounce of usable marijuana at any given time for a period of five
years from the date of the conviction. - }
  (2) A person authorized under ORS 475.304 to produce marijuana
at a marijuana grow site:
  (a) May produce marijuana for and provide marijuana to a
registry identification cardholder   { - or that person's
designated primary caregiver - }  as authorized under this
section.
    { - (b) May possess up to six mature plants and up to 24
ounces of usable marijuana for each cardholder or caregiver for
whom marijuana is being produced. - }
   { +  (b) May possess, for each cardholder for whom marijuana
is being produced:
  (A) Up to two mature marijuana plants and two seedlings or
starts, as defined by rule of the authority; or
  (B) Sixteen ounces of usable marijuana. + }
  (c) May produce  { + or possess + } marijuana for no more than
four registry identification cardholders   { - or designated
primary caregivers - }  concurrently.
  (d) Must obtain and display a marijuana grow site registration
card issued under ORS 475.304 for each registry identification
cardholder   { - or designated primary caregiver - }  for whom
marijuana is being produced.
  (e) Must provide all marijuana produced for a registry
identification cardholder   { - or designated primary
caregiver - }  to the cardholder   { - or caregiver - }  at the
time the person responsible for a marijuana grow site ceases
producing marijuana for the cardholder
  { - or caregiver - } .
  (f) Must return the marijuana grow site registration card to
the registry identification cardholder to whom the card was
issued when requested to do so by the cardholder or when the
person responsible for a marijuana grow site ceases producing
marijuana for the cardholder   { - or caregiver - } .
    { - (3) Except as provided in subsections (1) and (2) of this
section, a registry identification cardholder, the designated
primary caregiver of the cardholder and the person responsible
for a marijuana grow site producing marijuana for the registry
identification cardholder may possess a combined total of up to
six mature plants and 24 ounces of usable marijuana for that
registry identification cardholder. - }
    { - (4)(a) A registry identification cardholder and the
designated primary caregiver of the cardholder may possess a
combined total of up to 18 marijuana seedlings or starts as
defined by rule of the Oregon Health Authority. - }
    { - (b) A person responsible for a marijuana grow site may
possess up to 18 marijuana seedlings or starts as defined by rule
of the authority for each registry identification cardholder for
whom the person responsible for the marijuana grow site is
producing marijuana. - }
  SECTION 9. ORS 475.323 is amended to read:
  475.323. (1) Possession of a registry identification card
 { - or designated primary caregiver identification card - }
pursuant to ORS 475.309 does not alone constitute probable cause
to search the person or property of the cardholder or otherwise
subject the person or property of the cardholder to inspection by
any governmental agency.
  (2) Any property interest possessed, owned or used in
connection with the medical use of marijuana or acts incidental
to the medical use of marijuana that has been seized by state or
local law enforcement officers may not be harmed, neglected,
injured or destroyed while in the possession of any law
enforcement agency. A law enforcement agency has no
responsibility to maintain live marijuana plants lawfully seized.
No such property interest may be forfeited under any provision of
law providing for the forfeiture of property other than as a
sentence imposed after conviction of a criminal offense. Usable
marijuana and paraphernalia used to administer marijuana that was
seized by any law enforcement office shall be returned
immediately upon a determination by the district attorney in
whose county the property was seized, or the district attorney's
designee, that the person from whom the marijuana or
paraphernalia used to administer marijuana was seized is entitled
to the protections contained in ORS 475.300 to 475.346. The
determination may be evidenced, for example, by a decision not to
prosecute, the dismissal of charges or acquittal.
  SECTION 10. ORS 475.324 is amended to read:
  475.324. A law enforcement officer who determines that a
registry identification cardholder is in possession of amounts of
usable marijuana or numbers of marijuana plants in excess of the
amount or number authorized by ORS 475.320 may confiscate
 { - only any usable marijuana or plants that are in excess of
the amount or number authorized - }  { +  all usable marijuana,
marijuana plants and equipment used to grow marijuana at the
premises + }.
  SECTION 11. ORS 475.326 is amended to read:
  475.326.   { - No attending physician may be subjected to civil
penalty or discipline by - }  The Oregon Medical Board  { + may
not subject a primary care physician to civil penalty or
discipline + } for:
  (1) Advising a person whom the   { - attending - }  physician
has diagnosed as having a debilitating medical condition, or a
person who the   { - attending - }  physician knows has been so
diagnosed by another physician licensed under ORS chapter 677,
about the risks and benefits of medical use of marijuana or that
the medical use of marijuana may mitigate the symptoms or effects
of the person's debilitating medical condition, provided the
advice is based on the   { - attending - }  physician's personal
assessment of the person's medical history and current medical
condition; or
  (2) Providing the written documentation necessary for issuance
of a registry identification card under ORS 475.309, if the
documentation is based on the   { - attending - }  physician's
personal assessment of the applicant's medical history and
current medical condition and the   { - attending - }  physician
has discussed the potential medical risks and benefits of the
medical use of marijuana with the applicant.
  SECTION 12. ORS 475.328 is amended to read:
  475.328. (1)   { - No - }   { + A + } professional licensing
board may  { + not + } impose a civil penalty or take other
disciplinary action against a licensee based on the licensee's
medical use of marijuana in accordance with the provisions of ORS
475.300 to 475.346   { - or actions taken by the licensee that
are necessary to carry out the licensee's role as a designated
primary caregiver to a person who possesses a lawful registry
identification card - } .
  (2)(a) A licensed health care professional may administer
medical marijuana to a person who possesses a registry
identification card and resides in a licensed health care
facility if the administration of pharmaceuticals is within the
scope of practice of the licensed health care professional.
Administration of medical marijuana under this subsection may not
take place in a public place as defined in ORS 161.015 or in the
presence of a person under 18 years of age. If the medical
marijuana administered under this subsection is smoked, adequate
ventilation must be provided.
  (b) Nothing in this subsection requires:
  (A) A licensed health care professional to administer medical
marijuana; or
  (B) A licensed health care facility to make accommodations for
the administration of medical marijuana.
  SECTION 13. 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 (2) 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) 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) 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 the
designated primary caregiver of a lawful possessor of a registry
identification card - }  or that a location is an authorized
marijuana grow site. Prior to being provided identifying
information from the list, authorized employees of state or local
law enforcement agencies shall provide to the authority adequate
identification, such as a badge number or similar authentication
 { - of authority - } .
  (3) Authorized employees of state or local law enforcement
agencies that obtain identifying information from the list as
authorized under 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.
   { +  (4)(a) When the authority issues a grow site registration
card, the authority shall notify all state and local law
enforcement agencies having jurisdiction over the grow site.
  (b) At least once each quarter, the authority shall provide all
state and local law enforcement agencies with a list of
registered grow sites. + }
  SECTION 14.  { + ORS 475.312 is repealed. + }
  SECTION 15.  { + The amendments to ORS 475.303 by section 2 of
this 2011 Act:
  (1) Apply to appointments to the Advisory Committee on Medical
Marijuana made on or after the effective date of this 2011 Act;
and
  (2) Do not disqualify any member of the committee appointed
before the effective date of this 2011 Act from completing the
term to which the member was appointed. + }
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