Bill Text: OR HB3077 | 2011 | Regular Session | Introduced

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Bill Title: Relating to medical marijuana.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3077 Detail]

Download: Oregon-2011-HB3077-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 1209

                         House Bill 3077

Sponsored by Representative HUNT

                             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.

  Requires medical marijuana registry identification cardholder
to be Oregon resident.

                        A BILL FOR AN ACT
Relating to medical marijuana; amending ORS 475.309.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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) - }
 { + (2) or (3) + } 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 - }   { + Oregon residents + } 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) Documentation showing that the person is an Oregon
resident; + }
    { - (c) - }   { + (d) + } The name, address and telephone
number of the person's attending physician;
    { - (d) - }   { + (e) + } 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) - }   { + (f) + } 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 - }   { + is + }
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 - }   { + 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 physician regarding the medical
use of marijuana in connection with such condition, as provided
in subsections (2) and (3) of this section;
   { +  (B) The applicant is not an Oregon resident; + }
    { - (B) - }   { + (C) + } The authority determines that the
information provided was falsified; or
    { - (C) - }   { + (D) + } 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) 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 - }   { + must + } 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 - }
 { + cardholder'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 - }   { + a
registry identification cardholder + } 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 - }
 { + must + } contain the information provided in paragraph (a)
of this subsection.
  (7)(a) A   { - person who possesses a registry identification
card - }   { + registry identification cardholder + } shall:
  (A) Notify the authority of any change in the
 { - person's - }  { +  cardholder'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) 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 - }
 { + cardholder's + } debilitating medical condition; and
  (ii) The name of the   { - person's - }   { + cardholder'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 - }   { + registry identification cardholder + } fails to
comply with this subsection, the card   { - shall be deemed
expired - }  { +  expires + }. If a registry identification card
expires, the identification card of any designated primary
caregiver of the cardholder   { - shall - }  also
  { - expire - }  { +  expires + }.

   { +  (8) If a registry identification cardholder ceases to be
an Oregon resident, the registry identification card expires. The
cardholder shall return the registry identification card and any
other associated Oregon Medical Marijuana Program cards to the
authority within 30 calendar days after ceasing to be an Oregon
resident. + }
    { - (8)(a) - }   { + (9)(a) + } A   { - person who possesses
a registry identification card pursuant to this section and - }
 { + registry identification cardholder + } who has been
diagnosed by the   { - person's - }  { +  cardholder'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 - }  { +  cardholder'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) - }   { + (10) + } 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 - }   { + has + } 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) - }   { + (11) + } 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 - }   { + the caregiver's identification card or the
person's marijuana grow site registration card + } is no longer
valid and must be returned to the authority.
    { - (11) - }   { + (12) + } The authority shall revoke
 { - the - }   { + a + } 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  { + and any other associated Oregon
Medical Marijuana program cards + } 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) - }   { + (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.
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