Bill Text: OR SB777 | 2011 | Regular Session | Introduced
Bill Title: Relating to medical marijuana.
Spectrum: Bipartisan Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB777 Detail]
Download: Oregon-2011-SB777-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 3907
Senate Bill 777
Sponsored by Senators KRUSE, BATES; Senators GIROD, MONNES
ANDERSON, 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 list of debilitating medical conditions for which
medical marijuana is available and removes power of Oregon Health
Authority to add other debilitating medical conditions to list.
Requires registry identification cardholder to provide updated
documentation from physician about debilitating medical condition
to authority every six months.
A BILL FOR AN ACT
Relating to medical marijuana; creating new provisions; amending
ORS 475.302 and 475.309; and repealing ORS 475.334.
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) '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. - }
{ + (a) Nausea occurring as a result of chemotherapy;
(b) Severe or neuropathic pain;
(c) Insomnia associated with fibromyalgia;
(d) Appetite loss associated with acquired immune deficiency
syndrome or cancer;
(e) Glaucoma; or
(f) Multiple sclerosis with spasticity. + }
(4) '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) '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 2. 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 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 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) Every six months, submit 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. + }
{ - (C) - } { + (D) + } 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 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 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 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 3. { + ORS 475.334 is repealed. + }
SECTION 4. { + The amendments to ORS 475.302 and 475.309 by
sections 1 and 2 of this 2011 Act apply to registry
identification cardholders who apply for a registry
identification card or submit updated information to the Oregon
Health Authority under ORS 475.309 (7)(a) on or after the
effective date of this 2011 Act. + }
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