Bill Text: OR HB3460 | 2013 | Regular Session | Engrossed
Bill Title: Relating to medical marijuana; declaring an emergency.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2013-08-14 - Chapter 726, (2013 Laws): Effective date August 14, 2013. [HB3460 Detail]
Download: Oregon-2013-HB3460-Engrossed.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 3746
B-Engrossed
House Bill 3460
Ordered by the Senate July 1
Including House Amendments dated June 20 and Senate Amendments
dated July 1
Sponsored by Representative BUCKLEY, Senator PROZANSKI;
Representative FREDERICK, Senator DINGFELDER
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.
Directs Oregon Health Authority to establish registration
system for medical marijuana facilities for transferring usable
marijuana and immature marijuana plants from registry
identification cardholders, designated primary caregivers of
registry identification cardholders or marijuana grow sites to
medical marijuana facilities and from medical marijuana
facilities to registry identification cardholders or designated
primary caregivers of registry identification cardholders.
Limits expenditures for biennium beginning July 1, 2013, from
fees, moneys or other revenues, including Miscellaneous Receipts,
but excluding lottery funds and federal funds, collected or
received by authority for expenses incurred in implementing Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to medical marijuana; creating new provisions; amending
ORS 475.302, 475.304, 475.309, 475.320, 475.323 and 475.331;
limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS 475.300 to 475.346. + }
SECTION 2. { + (1) The Oregon Health Authority shall establish
by rule a medical marijuana facility registration system to
authorize the transfer of usable marijuana and immature marijuana
plants from:
(a) A registry identification cardholder, the designated
primary caregiver of a registry identification cardholder, or a
person responsible for a marijuana grow site to the medical
marijuana facility; or
(b) A medical marijuana facility to a registry identification
cardholder or the designated primary caregiver of a registry
identification cardholder.
(2) The registration system established under subsection (1) of
this section must require a medical marijuana facility to submit
an application to the authority that includes:
(a) The name of the person responsible for the medical
marijuana facility;
(b) The address of the medical marijuana facility;
(c) Proof that the person responsible for the medical marijuana
facility is a resident of Oregon;
(d) Documentation, as required by the authority by rule, that
demonstrates the medical marijuana facility meets the
qualifications for a medical marijuana facility as described in
subsection (3) of this section; and
(e) Any other information that the authority considers
necessary.
(3) To qualify for registration under this section, a medical
marijuana facility:
(a) Must be located in an area that is zoned for commercial,
industrial or mixed use or as agricultural land and may not be
located at the same address as a marijuana grow site;
(b) Must be registered as a business or have filed a pending
application to register as a business with the Office of the
Secretary of State;
(c) Must not be located within 1,000 feet of the real property
comprising a public or private elementary, secondary or career
school attended primarily by minors;
(d) Must not be located within 1,000 feet of another medical
marijuana facility; and
(e) Must comport with rules adopted by the authority related
to:
(A) Installing a minimum security system, including a video
surveillance system, alarm system and safe; and
(B) Testing for pesticides, mold and mildew and the processes
by which usable marijuana and immature marijuana plants that test
positive for pesticides, mold or mildew must be returned to the
registry identification cardholder, the cardholder's designated
primary caregiver or the cardholder's registered grower.
(4)(a) The authority shall conduct a criminal records check
under ORS 181.534 of a person whose name is submitted as the
person responsible for a medical marijuana facility under
subsection (2) of this section.
(b) A person convicted for the manufacture or delivery of a
controlled substance in Schedule I or Schedule II may not be the
person responsible for a medical marijuana facility for five
years from the date the person is convicted.
(c) A person convicted more than once for the manufacture or
delivery of a controlled substance in Schedule I or Schedule II
may not be the person responsible for a medical marijuana
facility.
(5) If a person submits the application required under
subsection (2) of this section, the medical marijuana facility
identified in the application meets the qualifications for a
medical marijuana facility described in subsection (3) of this
section and the person responsible for the medical marijuana
facility passes the criminal records check required under
subsection (4) of this section, the authority shall register the
medical marijuana facility and issue the person responsible for
the medical marijuana facility proof of registration. The person
responsible for the medical marijuana facility shall display the
proof of registration on the premises of the medical marijuana
facility at all times when usable marijuana or immature marijuana
plants are being transferred as described in subsection (1) of
this section.
(6)(a) A registered medical marijuana facility may receive
usable marijuana or immature marijuana plants only from a
registry identification cardholder, designated primary caregiver
or person responsible for a marijuana grow site if the registered
medical marijuana facility obtains authorization, on a form
prescribed by the authority by rule and signed by a registry
identification cardholder, to receive the usable marijuana or
immature marijuana plants.
(b) A registered medical marijuana facility shall maintain:
(A) A copy of each authorization form described in paragraph
(a) of this subsection; and
(B) Documentation of each transfer of usable marijuana or
immature marijuana plants.
(7) A medical marijuana facility registered under this section
may possess usable marijuana and immature marijuana plants in
excess of the limits imposed on registry identification
cardholders and designated primary caregivers under ORS 475.320.
(8) The authority may inspect:
(a) The premises of an applicant for a medical marijuana
facility or a registered medical marijuana facility to ensure
compliance with the qualifications for a medical marijuana
facility described in subsection (3) of this section; and
(b) The records of a registered medical marijuana facility to
ensure compliance with subsection (6)(b) of this section.
(9)(a) A registry identification cardholder or the designated
primary caregiver of a registry identification cardholder may
reimburse a medical marijuana facility registered under this
section for the normal and customary costs of doing business,
including costs related to transferring, handling, securing,
insuring, testing, packaging and processing usable marijuana and
immature marijuana plants and the cost of supplies, utilities and
rent or mortgage.
(b) A medical marijuana facility may reimburse a person
responsible for a marijuana grow site under this section for the
normal and customary costs of doing business, including costs
related to transferring, handling, securing, insuring, testing,
packaging and processing usable marijuana and immature marijuana
plants and the cost of supplies, utilities and rent or mortgage.
(10) The authority may revoke the registration of a medical
marijuana facility registered under this section for failure to
comply with ORS 475.300 to 475.346 or rules adopted under ORS
475.300 to 475.346. The authority may release to the public a
final order revoking a medical marijuana facility registration.
(11) The authority shall adopt rules to implement this section,
including rules that:
(a) Require a medical marijuana facility registered under this
section to annually renew that registration; and
(b) Establish fees for registering and renewing registration
for a medical marijuana facility under this section. + }
SECTION 3. 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) '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 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 authority by rule or approved by the
authority pursuant to a petition submitted pursuant to ORS
475.334.
(4) { + (a) + } 'Delivery' has the meaning given that term in
ORS 475.005.
{ + (b) + } 'Delivery' does not include transfer of { + :
(A) + } Marijuana by a registry identification cardholder to
another registry identification cardholder if no consideration is
paid for the transfer { - . - } { + ;
(B) Usable marijuana or immature marijuana plants from a
registry identification cardholder, the designated primary
caregiver of a registry identification cardholder or a marijuana
grow site to a medical marijuana facility registered under
section 2 of this 2013 Act; or
(C) Usable marijuana or immature marijuana plants from a
medical marijuana facility registered under section 2 of this
2013 Act to a registry identification cardholder or the
designated primary caregiver of a registry identification
cardholder. + }
(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) 'Marijuana' has the meaning given that term in ORS 475.005.
(7) '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) '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) 'Production' has the meaning given that term in ORS
475.005.
(10) '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) '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) 'Written documentation' means a statement signed by the
attending physician of a person diagnosed with a debilitating
medical condition or copies of the person's relevant medical
records.
SECTION 4. ORS 475.304 is amended to read:
475.304. (1) 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) The name of the person responsible for the marijuana grow
site;
(b) The address of the marijuana grow site;
(c) The registry identification card number of the registry
cardholder for whom the marijuana is being produced; and
(d) Any other information the authority considers necessary.
(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 display the
registration card at the marijuana grow site at all times when
marijuana is being produced.
(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 { + , or, if the marijuana is usable marijuana or an
immature marijuana plant, transferred to a medical marijuana
facility registered under section 2 of this 2013 Act, + } 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
475.752 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 years
from the date of conviction.
(c) 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
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.
(8) The authority may adopt rules imposing a fee in an amount
established by the authority for registration of a marijuana grow
site under this section.
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) { + (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) - } { + (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 { - . - }
{ + ; or
(b) The person is responsible for or employed by a medical
marijuana facility registered under section 2 of this 2013 Act
and does not commit any of the acts described in this subsection
anywhere other than at the medical marijuana facility. + }
(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 pays a fee
in the amount established by the authority and provides the
following:
(a) Valid, written documentation from the person's attending
physician stating that the person has been diagnosed with a
debilitating medical condition and that the medical use of
marijuana may mitigate the symptoms or effects of the person's
debilitating medical condition;
(b) The name, address and date of birth of the person;
(c) The name, address and telephone number of the person's
attending physician;
(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) 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) 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 confidential and not subject
to disclosure, except as required to transmit the information to
the authority.
(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 days of receipt of
the application.
(b) In addition to the authority 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 physician regarding the medical
use of marijuana in connection with such condition, as provided
in subsections (2) and (3) 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 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 standing to contest the authority's action.
(d) Any 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) of this section and none of
the reasons for denial listed in subsection (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) The cardholder's name, address and date of birth;
(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) 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) 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 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 { + and any person responsible for a medical
marijuana facility that transfers usable marijuana or immature
marijuana plants to the cardholder under section 2 of this 2013
Act + } 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) The assignment of another individual as the person
responsible for a marijuana grow site producing marijuana for the
cardholder; or
(iii) 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
(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 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 physician as no longer having a debilitating
medical condition or whose attending 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) { + (a) + } A registry identification cardholder has the
primary responsibility of notifying the { + designated + }
primary caregiver
{ - and - } { + , + } { + the + } person responsible for the
marijuana grow site that produces marijuana for the cardholder
{ + and any person responsible for a medical marijuana facility
that transfers usable marijuana or immature marijuana plants to
the cardholder under section 2 of this 2013 Act + } of any change
in status of the cardholder.
{ + (b) + } 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 { + responsible for the
marijuana grow site + } that their card is no longer valid and
must be returned to the authority.
(11) 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.
{ + (12) The authority shall revoke the registration of a
medical marijuana facility registered under section 2 of this
2013 Act if a court has issued an order that prohibits the person
responsible for the medical marijuana facility from participating
in the Oregon Medical Marijuana Program under ORS 475.300 to
475.346. + }
{ - (12) - } { + (13) + } 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 475.320 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.
(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 475.752 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 { + :
(A) + } To a registry identification cardholder or { - that
person's - } { + a cardholder's + } designated primary
caregiver as authorized under this section { - . - } { + ; or
(B) If the marijuana is usable marijuana or an immature
marijuana plant and the registry identification cardholder
authorizes the person responsible for the marijuana grow site to
transfer the usable marijuana or immature marijuana plant to a
medical marijuana facility registered under section 2 of this
2013 Act, to the medical marijuana facility. + }
(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.
(c) May produce 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 7. 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 { + or proof of
registration as a medical marijuana facility under section 2 of
this 2013 Act + } 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. { + However, the Oregon Health
Authority may inspect a medical marijuana facility registered
under section 2 of this 2013 Act at any reasonable time to
determine whether the facility is in compliance with ORS 475.300
to 475.346. + }
(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 8. 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. - } { + caregivers, the names of persons responsible for
a medical marijuana facility registered under section 2 of this
2013 Act, the addresses of authorized marijuana grow sites and
the addresses of registered medical marijuana facilities. + }
Except as provided in subsection (2) of this section, the list
shall be 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. - }
{ + (A) A person is a lawful possessor of a registry
identification card;
(B) A person is the designated primary caregiver of a lawful
possessor of a registry identification card;
(C) A location is an authorized marijuana grow site;
(D) A location is a registered medical marijuana facility; or
(E) A person is the person listed as the person responsible for
a registered medical marijuana facility. + }
(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, { + who provide to the authority adequate
identification, such as a badge number or similar authentication
of authority, + } 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. - }
{ + (A) A person is a lawful possessor of a registry
identification card;
(B) A person is the designated primary caregiver of a lawful
possessor of a registry identification card;
(C) A location is an authorized marijuana grow site;
(D) A location is a registered medical marijuana facility; or
(E) A person is the person listed as the person responsible for
a registered medical marijuana facility. + }
(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. - }
{ + (a) A person is a lawful possessor of a registry
identification card;
(b) A person is the designated primary caregiver of a lawful
possessor of a registry identification card;
(c) A location is an authorized marijuana grow site;
(d) A location is a registered medical marijuana facility; or
(e) A person is the person listed as the person responsible for
a registered medical marijuana facility. + }
SECTION 9. { + (1) Sections 1 and 2 of this 2013 Act and the
amendments to ORS 475.302, 475.304, 475.309, 475.320, 475.323 and
475.331 by sections 3 to 8 of this 2013 Act become operative on
March 1, 2014.
(2) The Oregon Health Authority may take any action before the
operative date specified in subsection (1) of this section to
enable the authority to exercise, on and after the operative date
specified in subsection (1) of this section, all of the duties,
functions and powers conferred on the authority by sections 1 and
2 of this 2013 Act and the amendments to ORS 475.302, 475.304,
475.309, 475.320, 475.323 and 475.331 by sections 3 to 8 of this
2013 Act. + }
SECTION 10. { + Notwithstanding any other law limiting
expenditures, the amount of $803,276 is established for the
biennium beginning July 1, 2013, as the maximum limit for payment
of expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the Oregon Health Authority for
administrative and operating expenses incurred in implementing
section 2 of this 2013 Act and the amendments to ORS 475.302,
475.304, 475.309, 475.320, 475.323 and 475.331 by sections 3 to 8
of this 2013 Act. + }
SECTION 11. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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