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Pending Legislation Alerts

Fight Associated Oregon Industries and their work to let employers fire medical marijuana patients.

The Oregon Legislature convenes on the second Monday in January of every odd numbered year for approximately six months. We will resume our Oregon Legislative Alerts in January 2007.

Stay tuned to this space for federal legislation alerts.

Oregon Medical Marijuana Act

Click here for the text of Oregon's Medical Marijuana Law (ORS 475.300)

The summaries below are intended for informational use only, and are not a substitute for competent legal counsel. For official details, please review the texts of the actual law (links provided where possible).

Qualifying Conditions: Alzheimer's Agitation, Cachexia, Cancer, Glaucoma, HIV/AIDS, Nausea, Pain, Seizures (not limited to epilepsy), and Persistent Muscle Spasms (not limited to Multiple Sclerosis)

Requirements: To apply a patient needs an attending physician's statement diagnosing the patient's condition and indicating that marijuana may mitigate the symptoms of that condition. Medical records containing the above information will also be sufficient for application purposes.

Caregiver Information: Every patient may designate up to one caregiver who will be legally allowed to cultivate and possess marijuana on behalf of the patient. A caregiver can grow for an unlimited number of patients and cannot be paid by a patient, or anyone, for the marijuana provided or for their labor. Patients may reimburse caregivers for electricity, equipment, and other related expenses.

Third Party Grower: Caregivers and patients may designate a third party (a "person responsible for a marijuana grow site" or "PRMGS") to grow marijuana for the patient away from the patient's or caregiver's registered grow site location. The PRMGS can only grow for up to four patients, must register with OMMP, and must pass a criminal background check. For more details, click the OMMP link.

Click here to visit the Oregon Medical Marijuana Program website and download application forms and information packets, or call or write the program:

DHS/OMMP
PO Box 14450
Portland, OR 97293-0450
Phone: 971-673-1226
Fax: 971-673-1278
E-mail: OMMP.QAstate.or.us

Oregon Senate Bill 1085 (The "24/24" Law) - This bill goes into effect on January 1, 2006, and redefines the limits of Oregon's Medical Marijuana Act. View the Oregon NORML web presentation summarizing the changes in the new law (Adobe .PDF format or download the Microsoft Powerpoint® presentation.)

Analysis of SB 1085 by Attorney Lee Berger

Department of Human Services - Administrative Rules as of 1/1/2006

• Patients or Caregivers may store up to 24 ounces of useable marijuana at the patient's growsite or residence, or any combination of the two locations not exceeding 24 ounces.
• Patients or Caregivers may grow 24 marijuana plants, not to exceed 6 mature, flowering plants and 18 immature plants. Immature is defined as a non-flowering plants and less than 12" tall and 12" in diameter.
• Patients may possess up to 24 ounces of marijuana away from their growsite or home.
• Medical Marijuana cardholders may not mount an affirmative defense against marijuana charges if the cardholder exceeds the 24/24 limits listed above.
• Non-cardholders may still mount an affirmative defense and choice of evils defense against marijuana charges if they are within the new possession limits.
• A grow site may be maintained away from the Caregiver's or Patient's property, and may grow for up to four registered patients.
• A "third party" may now be designated "the person responsible for the growsite" at a location where the Patient and Caregiver are not present.
• "Delivery" of marijuana does not include non-paid transfers of marijuana from one cardholder to another.
• Cardholders must be in possession of their OMMP Card when transporting, possessing, or using medical marijuana in a location other than their residence.
• (The Ken Brown Provision) Licensed health care professionals may now administer medical marijuana within a licensed health care facility. However, those health care professionals are not required to administer medical marijuana, nor must the licensed health care facilities make accommodations for administering medical marijuana. Also, if medical marijuana is to be smoked, there must be adequate ventilation.
• A system may be developed to assist law enforcement in identifying legal medical marijuana patients and the addresses of grow sites, but law enforcement must identify themselves to access that information. The information may only be used to verify registration under OMMA, and law enforcement may not share that information for any purpose with any other entity (for example, the federal Drug Enforcement Administration).
• Anyone convicted of manufacturing or delivering any Schedule I or Schedule II substance (outside the scope of OMMA) is prohibited from cultivating marijuana for five years. A second conviction results in a lifetime ban. In any case, a patient may still designate someone else to grow marijuana for them in a location where the convicted patient is not present.
• Patients and Caregivers 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.
• The creation of an eleven-member advisory committee for medical marijuana at the Department of Human Services.
• If a growsite or patient or caregiver is found by law enforcement in violation of the 24/24 limits, they may only seize the excess usable marijuana and plants, not the entire amount found.