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 1178
House Bill 3132
Sponsored by Representative OLSON; Representatives DOHERTY,
FREEMAN, JOHNSON, KRIEGER, SCHAUFLER, SPRENGER, THOMPSON,
WHISNANT, Senators KRUSE, MORSE, THOMSEN
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies provisions relating to registry identification card
for medical use of marijuana.
Provides that Oregon Health Authority shall revoke registry
identification card if cardholder is convicted of drug crime.
A BILL FOR AN ACT
Relating to the Oregon Medical Marijuana Program; 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) 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 - } { + will provide therapeutic value and
+ }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 - }
{ + shall + } 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) 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 - } { + provides therapeutic value and mitigates + }
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 { + documented + } 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
{ + an + } additional { - time - } { + 15 days + } 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 - } { + 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 - } { + for 30 days after the documentation
is submitted + }.
(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) + } 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 { + ; or
(b) After being issued a registry identification card, the
cardholder is convicted of a crime under ORS 475.005 to 475.285
and 475.840 to 475.980 + }.
{ + (12) If a registry identification cardholder's registry
identification card is revoked, + } 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) - } { + (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.
----------