Bill Text: OR HB2919 | 2013 | Regular Session | Introduced
Bill Title: Relating to exemption from criminal offenses related to medical marijuana.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2919 Detail]
Download: Oregon-2013-HB2919-Introduced.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 1309
House Bill 2919
Sponsored by Representative BUCKLEY
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.
Exempts from criminal offenses in which possessing, delivering
or manufacturing marijuana is an element persons who perform
certain services related to administration of medical marijuana
or who research marijuana for medical purposes. Creates Cannabis
Commission as semi-independent state agency for purpose of
providing regulatory oversight over such activity. Authorizes
commission to issue permits for specified activities and to adopt
rules with which holder of permits must comply. Limits, until
January 1, 2018, number of permits that commission may issue.
A BILL FOR AN ACT
Relating to exemption from criminal offenses related to medical
marijuana; creating new provisions; and amending ORS 182.454.
Be It Enacted by the People of the State of Oregon:
{ +
DEFINITIONS + }
SECTION 1. { + As used in sections 1 to 7 and 9 to 26 of this
2013 Act:
(1) 'Attending physician' has the meaning given that term in
ORS 475.302.
(2) 'Debilitating medical condition' has the meaning given that
term in ORS 475.302.
(3) 'Designated primary caregiver' has the meaning given that
term in ORS 475.302.
(4) 'Distributor' means a person who holds a permit issued
under section 19 of this 2013 Act that authorizes the person to
transfer medical marijuana grown at an outdoor site, greenhouse
site, indoor site or research site to a registry identification
cardholder or designated caregiver registered with the Cannabis
Commission under section 9 of this 2013 Act.
(5) 'Greenhouse site' means a site operated by a person who
holds a permit issued under section 13 of this 2013 Act that
authorizes the person to grow medical marijuana in a greenhouse.
(6) 'Indoor site' means a site operated by a person who holds a
permit issued under section 13 of this 2013 Act that authorizes
the person to grow medical marijuana indoors.
(7) 'Inspector' means an individual who holds a permit issued
under section 21 of this 2013 Act that authorizes the individual
to inspect outdoor sites, greenhouse sites, indoor sites or
research sites.
(8) 'Marijuana' has the meaning given that term in ORS 475.005.
(9) 'Medical marijuana' means marijuana produced and
administered for the purpose of mitigating the symptoms or
effects of a person's debilitating medical condition.
(10) 'Outdoor site' means a site operated by a person who holds
a permit issued under section 13 of this 2013 Act that authorizes
the person to grow medical marijuana outdoors.
(11) 'Professional services' means services for which a permit
is issued under section 17 of this 2013 Act that authorizes an
individual to perform specified services with respect to medical
marijuana at an outdoor site, greenhouse site or indoor site or
with respect to marijuana or medical marijuana at a research
site.
(12) 'Registry identification cardholder' means a person who
holds a valid registry identification card under ORS 475.309.
(13) 'Research site' means a site operated by a person who
holds a permit issued under section 15 of this 2013 Act that
authorizes the person to conduct research on marijuana for
purposes described in section 16 of this 2013 Act. + }
{ +
LEGISLATIVE FINDINGS + }
SECTION 2. { + The Legislative Assembly finds and declares
that:
(1) Marijuana is an effective treatment for suffering caused by
debilitating medical conditions and, therefore, marijuana should
be treated like other medicines;
(2) A person suffering from debilitating medical conditions
should be allowed to use small amounts of marijuana without fear
of civil or criminal penalties when the person's doctor advises
the person that the use may provide a medical benefit;
(3) ORS 475.300 to 475.346 is not the most effective means of
achieving this state's goals with respect to marijuana as
described in subsections (1) and (2) of this section;
(4) Limits on possession are not the most effective means of
regulating a legitimate medical marijuana industry because limits
on possession, without ensuring professional competency and
industry transparency, cause the unregulated proliferation of
sites at which marijuana is grown;
(5) Ensuring professional competency and industry transparency
is the most effective means of regulating a legitimate medical
marijuana industry;
(6) There is a need for ensuring professional competency and
industry transparency with regard to the medical marijuana
industry; and
(7) That need can be fulfilled without implicating the state in
the manufacture, delivery or possession of marijuana and without
the use of public moneys. + }
{ +
CANNABIS COMMISSION + }
SECTION 3. { + (1) The Cannabis Commission is established as a
semi-independent state agency subject to ORS 182.456 to 182.472.
(2) The commission consists of the following members appointed
by the Governor:
(a) One member who holds a doctoral degree in organic
chemistry;
(b) One member who holds a doctoral degree in botany, genomics
or plant pathology;
(c) One member who holds a master's or doctoral degree in
finance;
(d) One member who is licensed to practice medicine under ORS
chapter 677;
(e) One member who is an active member of the Oregon State Bar;
(f) One member who an active member of the Oregon State Bar and
who is admitted to practice before the United States District
Court for the District of Oregon;
(g) One member with expertise in chemistry and laboratory
research;
(h) One member with expertise in agricultural research; and
(i) One member with expertise in patients' health needs.
(3) In making appointments under subsection (2) of this
section, the Governor shall consider recommendations made by
organizations that study the medicinal applications of marijuana
and agricultural, technological and innovative ways of achieving
those applications.
(4) The term of office for a member is four years, but a member
serves at the pleasure of the Governor. Before the expiration of
a term, the Governor shall appoint a successor whose term begins
on January 1 next following. A member is eligible for
reappointment.
(5) If a vacancy occurs on the commission, the Governor shall
appoint a qualified person to serve the unexpired term.
(6) A member of the commission must be a resident of this state
or an officer or principal owner of an entity registered to do
business in this state.
(7) The members of the commission shall elect a chairperson and
vice chairperson with duties and powers as determined by the
commission. + }
SECTION 4. { + Notwithstanding the term of office specified by
section 3 of this 2013 Act, of the members first appointed to the
Cannabis Commission:
(1) Two shall serve for a term ending January 1, 2015;
(2) Two shall serve for a term ending January 1, 2016;
(3) Two shall serve for a term ending January 1, 2017; and
(4) Three shall serve for a term ending January 1, 2018. + }
SECTION 5. { + (1) In accordance with applicable provisions of
ORS chapter 183, the Cannabis Commission may adopt rules
necessary for the administration of sections 1 to 7 and 9 to 26
of this 2013 Act.
(2) Notwithstanding ORS 182.460 and section 3 (1) of this 2013
Act, employees of the Cannabis Commission are not eligible for
inclusion within the Public Employees Retirement System. + }
SECTION 6. { + The Cannabis Commission shall create and
maintain a long-term strategic plan for the development of a
world-class medical marijuana industry that provides patients
with medical products tailored for their individual health needs.
The plan must address:
(1) The establishment of communication channels by which
patients, cultivators, physicians, service professionals,
researchers and legislative decision makers share evidence and
data;
(2) The development of tools and services for educating the
citizens of this state about medical uses for marijuana;
(3) The development of an interface by which stakeholders of
the medical marijuana industry may interact; and
(4) The manner in which the medical marijuana industry may
provide for a patient's complex health needs. + }
SECTION 7. { + To carry out the purposes of sections 1 to 7
and 9 to 26 of this 2013 Act, the Cannabis Commission may:
(1) Appoint officers and enter into agreements with
consultants, agents and advisers, and prescribe their duties;
(2) Appear before boards, commissions, departments or other
agencies of municipal or county governments or the state
government;
(3) Procure insurance against any losses in connection with
properties of the commission in amounts and from insurers as may
be necessary or desirable;
(4) Accept donations, grants, bequests and devises, conditional
or otherwise, of money, property, services or other items of
value, including interest, but excluding corporate stock, that
may be received from a government agency or a public or private
institution or person;
(5) Hold donations, grants, bequests and devises received under
subsection (4) of this section, in accordance with the terms and
conditions of the donation, grant, bequest or devise, for any
purpose specified in sections 1 to 7 and 9 to 26 of this 2013
Act;
(6) Provide and pay for advisory services and technical
assistance that the commission finds necessary or desirable; and
(7) Exercise any other powers necessary for the operation and
functioning of the commission under sections 1 to 7 and 9 to 26
of this 2013 Act. + }
SECTION 8. ORS 182.454 is amended to read:
182.454. The following semi-independent state agencies are
subject to ORS 182.456 to 182.472:
(1) The Appraiser Certification and Licensure Board.
(2) The State Board of Architect Examiners.
(3) The State Board of Examiners for Engineering and Land
Surveying.
(4) The State Board of Geologist Examiners.
(5) The State Landscape Architect Board.
(6) The Oregon Board of Optometry.
(7) The Oregon Patient Safety Commission.
(8) The Oregon Wine Board.
(9) The State Board of Massage Therapists.
(10) The Physical Therapist Licensing Board.
(11) The State Landscape Contractors Board.
{ + (12) The Cannabis Commission. + }
{ +
REGISTRY AND PERMITS + }
{ +
(Registry Identification Cardholders + }
{ +
and Attending Physicians) + }
SECTION 9. { + (1) A registry identification cardholder may
register with the Cannabis Commission as provided in this section
for purposes described in section 10 of this 2013 Act.
(2) To register under this section, a registry identification
cardholder shall:
(a) Furnish the commission with evidence satisfactory to the
commission that the registry identification cardholder is
registered with the Oregon Health Authority under ORS 475.309;
and
(b) Pay a fee adopted by the commission by rule. + }
SECTION 10. { + (1) A registry identification cardholder
registered with the Cannabis Commission under section 9 of this
2013 Act, or the designated primary caregiver of a registry
identification cardholder registered with the commission under
section 9 of this 2013 Act, is authorized to:
(a) Order medical marijuana from an outdoor site, greenhouse
site, indoor site or research site;
(b) Receive medical marijuana from a distributor; and
(c) Possess medical marijuana in quantities authorized under
ORS 475.320.
(2) Registration under section 9 of this 2013 Act, or being the
designated primary caregiver of a person registered under section
9 of this 2013 Act, and compliance with this section are an
affirmative defense to a criminal charge as described in section
26 of this 2013 Act. + }
SECTION 11. { + (1) An attending physician may register with
the Cannabis Commission as provided in this section for purposes
described in section 12 of this 2013 Act.
(2) To register under this section, an attending physician
shall furnish the commission with evidence satisfactory to the
commission that the attending physician is licensed to practice
medicine under ORS chapter 677. + }
SECTION 12. { + (1) An attending physician registered with the
Cannabis Commission under section 11 of this 2013 Act is
authorized to:
(a) Receive information from a research site regarding the
specific types of medical marijuana that best meet the different
health needs of patients;
(b) Possess up to one ounce of each specific type of medical
marijuana developed by a research site;
(c) Dispense up to one ounce of a specific type of medical
marijuana to a registry identification cardholder who is
registered with the commission under section 9 of this 2013 Act
for the purpose of determining whether that type of medical
marijuana is an appropriate treatment for the registry
identification cardholder's health needs;
(d) Order medical marijuana from an outdoor site, greenhouse
site, indoor site or research site for a registry identification
cardholder; and
(e) Provide and charge for training that is at a research site
and that meets the training guidelines adopted by the commission
under section 23 of this 2013 Act.
(2) Registration under section 11 of this 2013 Act and
compliance with this section are an affirmative defense to a
criminal charge as described in section 26 of this 2013 Act. + }
{ +
(Outdoor Sites, Greenhouse Sites and Indoor Sites) + }
SECTION 13. { + (1) The Cannabis Commission shall issue to an
applicant an outdoor site permit, greenhouse site permit or
indoor site permit that authorizes a person to grow medical
marijuana at the type of site for which the permit is issued for
purposes described in section 14 of this 2013 Act if the
applicant:
(a) Successfully completes the training required under section
23 of this 2013 Act;
(b) Performs satisfactorily on an examination prescribed by the
commission;
(c) Furnishes evidence satisfactory to the commission that the
applicant meets any other qualifications adopted by the
commission by rule;
(d) Pays a fee adopted by the commission by rule; and
(e) Meets the qualifications described in subsection (2) of
this section.
(2)(a) The commission shall conduct a nationwide criminal
records check under ORS 181.534 of an applicant, or, if the
applicant is not an individual, the individual applying on behalf
of the applicant, for a permit under this section each time the
applicant applies for a permit or for renewal of a permit.
(b) The commission may not issue a permit under this section to
a person convicted or listed on an application submitted under
this section with 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,
or of an equivalent crime in another jurisdiction, until five
years after the date the convicted person completes the sentence
for the crime for which the person has been convicted.
(c) The commission may not issue a permit under this section to
a person convicted or listed on an application submitted under
this section with 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, or of an equivalent crime in another
jurisdiction.
(3)(a) The commission shall issue separate permits under this
section to outdoor sites, greenhouse sites and indoor sites.
Except as provided in paragraph (b) of this subsection, the
commission shall establish by rule permissible locations and
standards of operation for each type of site.
(b) An outdoor site, greenhouse site or indoor site may not be
located:
(A) Within 1,000 feet of the real property comprising a public
or private elementary, secondary or career school attended
primarily by minors; or
(B) In an area that is zoned for residential use.
(4) The commission shall provide a copy of each permit issued
under this section to the Department of State Police and the
Oregon Health Authority.
(5) A person who holds a permit under this section shall renew
the permit, in accordance with rules adopted by the commission,
every two years. + }
SECTION 14. { + (1) An outdoor site, greenhouse site or indoor
site is authorized, at the location for which a permit has been
issued under section 13 of this 2013 Act, to:
(a) Grow, produce or otherwise manufacture medical marijuana;
(b) Possess medical marijuana;
(c) Store medical marijuana;
(d) Fill orders for medical marijuana submitted by registry
identification cardholders, designated primary caregivers,
research sites or attending physicians;
(e) Receive payment for services rendered to registry
identification cardholders, designated primary caregivers or
research sites;
(f) Package medical marijuana; and
(g) Provide distributors with medical marijuana for delivery to
registry identification cardholders, designated primary
caregivers, research sites or, for amounts authorized under
section 12 (1)(b) of this 2013 Act, attending physicians.
(2) Holding a permit issued under section 13 of this 2013 Act
and compliance with all conditions of holding a permit under
section 13 of this 2013 Act, with rules adopted under section 13
of this 2013 Act and with this section are an affirmative defense
to a criminal charge as described in section 26 of this 2013
Act. + }
{ +
(Research Sites) + }
SECTION 15. { + (1) The Cannabis Commission shall issue to an
applicant, a research site permit that authorizes a person to
conduct research on marijuana for purposes described in section
16 of this 2013 Act if the applicant:
(a) Successfully completes the training required under section
23 of this 2013 Act;
(b) Performs satisfactorily on an examination prescribed by the
commission;
(c) Furnishes evidence satisfactory to the commission that the
applicant meets any other qualifications adopted by the
commission by rule;
(d) Pays a fee adopted by the commission by rule; and
(e) Meets the qualifications described in subsection (2) of
this section.
(2)(a) The commission shall conduct a nationwide criminal
records check under ORS 181.534 of an applicant, or, if the
applicant is not an individual, the individual applying on behalf
of the applicant, for a permit under this section each time the
applicant applies for a permit or for renewal of a permit.
(b) The commission may not issue a permit under this section to
a person convicted or listed on an application submitted under
this section with 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,
or of an equivalent crime in another jurisdiction, until five
years after the date the convicted person completes the sentence
for the crime for which the person has been convicted.
(c) The commission may not issue a permit under this section to
a person convicted or listed on an application submitted under
this section with 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, or of an equivalent crime in another
jurisdiction.
(3)(a) Except as provided in paragraph (b) of this subsection,
the commission shall establish by rule permissible locations and
standards of operation for a research site.
(b) A research site may not be located:
(A) Within 1,000 feet of the real property comprising a public
or private elementary, secondary or career school attended
primarily by minors; or
(B) In an area that is zoned for residential use.
(4) The commission shall provide a copy of each permit issued
under this section to the Department of State Police and the
Oregon Health Authority.
(5) A person who holds a permit under this section shall renew
the permit, in accordance with rules adopted by the commission,
every two years. + }
SECTION 16. { + (1) A research site is authorized, at the
location for which a permit has been issued under section 15 of
this 2013 Act, to:
(a) Grow, produce or otherwise manufacture medical marijuana;
(b) Possess medical marijuana and, for research purposes,
marijuana;
(c) Store medical marijuana and marijuana;
(d) Order medical marijuana from an outdoor site, greenhouse
site, indoor site or other research site;
(e) Receive medical marijuana from a distributor;
(f) Fill orders for medical marijuana submitted by registry
identification cardholders, designated primary caregivers, other
research sites or attending physicians;
(g) Receive payment for services rendered to registry
identification cardholders, designated primary caregivers or
other research sites;
(h) Package medical marijuana;
(i) Provide distributors with medical marijuana for delivery to
registry identification cardholders, designated primary
caregivers, other research sites or, for amounts authorized under
section 12 (1)(b) of this 2013 Act, attending physicians;
(j) Provide attending physicians with information regarding the
specific types of medical marijuana that best meet the different
health needs of patients;
(k) Conduct research on marijuana for purposes related to
processing biomass;
(L) Conduct research on marijuana for purposes related to
determining the specific types of medical marijuana that best
meet the different health needs of patients;
(m) Blend marijuana for the purpose of creating specific types
of medical marijuana that best meet the different health needs of
patients;
(n) Manufacture marijuana extracts for the purpose of creating
specific types of medical marijuana that best meet the different
health needs of patients; and
(o) Provide and charge for training that meets the training
guidelines adopted by the commission under section 23 of this
2013 Act.
(2) Holding a permit issued under section 15 of this 2013 Act
and compliance with all conditions of holding a permit under
section 15 of this 2013 Act, with rules adopted under section 15
of this 2013 Act and with this section are an affirmative defense
to a criminal charge as described in section 26 of this 2013
Act. + }
{ +
(Professional Services Permit) + }
SECTION 17. { + (1) The Cannabis Commission shall issue to an
applicant a professional services permit that authorizes an
individual to perform, in accordance with the terms of the
permit, specified services with respect to medical marijuana at
an outdoor site, greenhouse site or indoor site or with respect
to medical marijuana or marijuana at a research site for purposes
described in section 18 of this 2013 Act if the applicant:
(a) Successfully completes the training required under section
23 of this 2013 Act;
(b) Performs satisfactorily on an examination prescribed by the
commission;
(c) Furnishes evidence satisfactory to the commission that the
applicant meets any other qualifications adopted by the
commission by rule;
(d) Pays a fee adopted by the commission by rule; and
(e) Meets the qualifications described in subsection (2) of
this section.
(2)(a) The commission shall conduct a nationwide criminal
records check under ORS 181.534 of an applicant for a permit
under this section each time the applicant applies for a permit
or for renewal of a permit.
(b) The commission may not issue a permit under this section to
an individual 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, or of an
equivalent crime in another jurisdiction, until five years after
the date the individual completes the sentence for the crime for
which the individual has been convicted.
(c) The commission may not issue a permit under this section to
an individual 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,
or of an equivalent crime in another jurisdiction.
(3) The commission shall establish by rule subcategories of
professional services under this section. For each subcategory,
the commission shall specify the type of services that the
individual who holds the permit may perform. The commission shall
establish by rule permissible standards of conduct for each
subcategory established under this section.
(4) The commission shall provide a copy of each permit issued
under this section to the Department of State Police and the
Oregon Health Authority.
(5) An individual who holds a permit under this section shall
renew the permit, in accordance with rules adopted by the
commission, every two years. + }
SECTION 18. { + (1) An individual who holds a professional
services permit issued under section 17 of this 2013 Act is
authorized, at a location for which a permit has been issued
under section 13 or 15 of this 2013 Act and in accordance with
the terms of the permit as prescribed by the Cannabis Commission
under section 17 (3) of this 2013 Act, to:
(a) Grow, produce or otherwise manufacture medical marijuana;
(b) Possess medical marijuana and, for research purposes,
marijuana;
(c) Order medical marijuana from an outdoor site, greenhouse
site, indoor site or research site;
(d) Receive medical marijuana from a distributor;
(e) Fill orders for medical marijuana submitted by registry
identification cardholders, designated primary caregivers,
research sites or attending physicians;
(f) Receive payment for services rendered to an outdoor site,
greenhouse site, indoor site or research site;
(g) Package medical marijuana;
(h) Provide distributors with medical marijuana for delivery to
registry identification cardholders, designated primary
caregivers, research sites or, for amounts authorized under
section 12 (1)(b) of this 2013 Act, attending physicians;
(i) Provide attending physicians with information regarding the
specific types of medical marijuana that best meet the different
health needs of patients;
(j) Conduct research on marijuana for purposes related to
processing biomass;
(k) Conduct research on marijuana for purposes related to
determining the specific types of medical marijuana that best
meet the different health needs of patients;
(L) Blend marijuana for the purpose of creating specific types
of medical marijuana that best meet the different health needs of
patients;
(m) Manufacture marijuana extracts for the purpose of creating
specific types of medical marijuana that best meet the different
health needs of patients; and
(n) Provide and charge for training at a research site that
meets the training guidelines adopted by the commission under
section 23 of this 2013 Act.
(2) Holding a permit issued under section 17 of this 2013 Act
and compliance with all conditions of holding a permit under
section 17 of this 2013 Act, with rules adopted under section 17
of this 2013 Act and with this section are an affirmative defense
to a criminal charge as described in section 26 of this 2013
Act. + }
{ +
(Distributor Permit) + }
SECTION 19. { + (1) The Cannabis Commission shall issue to an
applicant a distributor permit that authorizes a person to
transfer medical marijuana grown at an outdoor site, greenhouse
site, indoor site or research site to a registry identification
cardholder registered with the commission under section 9 of this
2013 Act or the designated primary caregiver of a registry
identification cardholder registered with the commission under
section 9 of this 2013 Act if the applicant:
(a) Successfully completes the training required under section
23 of this 2013 Act;
(b) Performs satisfactorily on an examination prescribed by the
commission;
(c) Furnishes evidence satisfactory to the commission that the
applicant meets any other qualifications adopted by the
commission by rule;
(d) Pays a fee adopted by the commission by rule; and
(e) Meets the qualifications described in subsection (2) of
this section.
(2)(a) The commission shall conduct a nationwide criminal
records check under ORS 181.534 of an applicant, or, if the
applicant is not an individual, the individual applying on behalf
of the applicant, for a permit under this section each time the
applicant applies for a permit or for renewal of a permit.
(b) The commission may not issue a permit under this section to
a person convicted or listed on an application submitted under
this section with 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,
or of an equivalent crime in another jurisdiction, until five
years after the date the convicted person completes the sentence
for the crime for which the person has been convicted.
(c) The commission may not issue a permit under this section to
a person convicted or listed on an application submitted under
this section with 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, or of an equivalent crime in another
jurisdiction.
(3) The commission shall establish by rule permissible
standards of conduct for a distributor.
(4) The commission shall provide a copy of each permit issued
under this section to the Department of State Police and the
Oregon Health Authority.
(5) A person who holds a permit under this section shall renew
the permit, in accordance with rules adopted by the commission,
every two years. + }
SECTION 20. { + (1) A distributor is authorized to:
(a) Possess medical marijuana;
(b) Transfer, pursuant to an order for medical marijuana
submitted to an outdoor site, greenhouse site, indoor site or
research site, medical marijuana from the outdoor site,
greenhouse site, indoor site or research site to a registry
identification cardholder registered with the commission under
section 9 of this 2013 Act, designated primary caregiver of a
registry identification cardholder registered with the commission
under section 9 of this 2013 Act, research site, individual who
holds a professional services permit issued under section 17 of
this 2013 Act or, for amounts authorized under section 12 (1)(b)
of this 2013 Act, attending physician; and
(c) Receive payment for services rendered to an outdoor site,
greenhouse site, indoor site, research site, registry
identification cardholder, designated primary caregiver or
individual who holds a professional services permit.
(2) Holding a permit issued under section 19 of this 2013 Act
and compliance with all conditions of holding a permit under
section 19 of this 2013 Act, with rules adopted under section 19
of this 2013 Act and with this section are an affirmative defense
to a criminal charge as described in section 26 of this 2013
Act. + }
{ +
(Inspector Permit) + }
SECTION 21. { + (1) The Cannabis Commission shall issue to an
applicant an inspector permit that authorizes an individual to
inspect outdoor sites, greenhouse sites, indoor sites or research
sites for purposes described in section 22 of this 2013 Act if
the applicant:
(a) Successfully completes the training required under section
23 of this 2013 Act;
(b) Performs satisfactorily on an examination prescribed by the
commission;
(c) Furnishes evidence satisfactory to the commission that the
applicant meets any other qualifications adopted by the
commission by rule;
(d) Pays a fee adopted by the commission by rule; and
(e) Meets the qualifications described in subsection (2) of
this section.
(2)(a) The commission shall conduct a nationwide criminal
records check under ORS 181.534 of an applicant for a permit
under this section each time the applicant applies for a permit
or for renewal of a permit.
(b) The commission may not issue a permit under this section to
an individual 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, or of an
equivalent crime in another jurisdiction, until five years after
the date the individual completes the sentence for the crime for
which the individual has been convicted.
(c) The commission may not issue a permit under this section to
an individual 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,
or of an equivalent crime in another jurisdiction.
(3) The commission shall establish by rule permissible
standards of conduct for an inspector.
(4) The commission shall provide a copy of each permit issued
under this section to the Department of State Police and the
Oregon Health Authority.
(5) A person who holds a permit under this section shall renew
the permit, in accordance with rules adopted by the commission,
every two years. + }
SECTION 22. { + (1) An inspector is authorized to:
(a) Possess medical marijuana or, if the inspector is
inspecting a research site, marijuana;
(b) Inspect the premises of an outdoor site, greenhouse site,
indoor site or research site to determine whether the site is in
conformity with sections 1 to 7 and 9 to 26 of this 2013 Act or
rules adopted by the Cannabis Commission under sections 1 to 7
and 9 to 26 of this 2013 Act;
(c) Report the results of an inspection to the commission in a
form and manner required by the commission by rule; and
(d) Charge an outdoor site, greenhouse site, indoor site or
research site for conducting an inspection.
(2) Holding a permit issued under section 21 of this 2013 Act
and compliance with all conditions of holding a permit under
section 21 of this 2013 Act, with rules adopted under section 21
of this 2013 Act and with this section are an affirmative defense
to a criminal charge as described in section 26 of this 2013
Act. + }
{ +
TRAINING + }
SECTION 23. { + (1) The Cannabis Commission shall adopt by
rule training requirements that an applicant for a permit issued
under section 13, 15, 17, 19 or 21 of this 2013 Act must
successfully complete before receiving the permit.
(2) Training required for receiving a permit under section 15,
17, 19 or 21 of this 2013 Act must take place at a research site.
(3) Training required for receiving a permit under:
(a) Section 13 of this 2013 Act must take into account the
purposes authorized under section 14 of this 2013 Act;
(b) Section 15 of this 2013 Act must take into account the
purposes authorized under section 16 of this 2013 Act;
(c) Section 17 of this 2013 Act must take into account the
purposes authorized under section 18 of this 2013 Act;
(d) Section 19 of this 2013 Act must take into account the
purposes authorized under section 20 of this 2013 Act; or
(e) Section 21 of this 2013 Act must take into account the
purposes authorized under section 22 of this 2013 Act.
(4) The commission may adopt by rule fees and charges for any
training requirement adopted by the commission.
(5) Training in accordance with this section and all rules
adopted by the commission under this section are an affirmative
defense to a criminal charge as described in section 26 of this
2013 Act. + }
{ +
INDUSTRY TRANSPARENCY + }
SECTION 24. { + (1) A person who holds an outdoor site permit,
greenhouse site permit, indoor site permit or research site
permit issued under section 13 or 15 of this 2013 Act shall
submit to the Cannabis Commission, in a form and manner
prescribed by the commission by rule, the following reports:
(a) A weekly report on all orders filled for medical marijuana
and all payments received for those orders; and
(b) A monthly report on compliance with sections 1 to 7 and 9
to 26 of this 2013 Act.
(2) In addition to the reports required under subsection (1) of
this section, a person who holds a research permit issued under
section 15 of this 2013 Act shall submit to the commission, in a
form and manner prescribed by the commission by rule, an annual
report on research related to the development of:
(a) Specific types of medical marijuana that best meet the
different health needs of patients;
(b) Blending methods that create specific types of medical
marijuana that best meet the different health needs of patients;
(c) Marijuana extracts that best meet the different health
needs of patients; and
(d) Any other information required by the commission by rule.
(3) The commission may adopt by rule requirements for the
submission of reports by a person who holds a professional
services permit issued under section 17 of this 2013 Act, a
distributor permit issued under section 19 of this 2013 Act or an
inspector permit issued under section 21 of this 2013 Act.
(4) A report submitted under this section may not contain
information that personally identifies a registry identification
cardholder, designated primary caregiver or attending physician.
(5) The commission shall make all reports submitted under this
section available on a website maintained by the commission. + }
SECTION 25. { + (1) As part of the agreement entered into
between the Secretary of State under ORS 182.464 and the Cannabis
Commission, the Secretary of State shall review all reports
submitted under section 24 of this 2013 Act.
(2) The Secretary of State shall prepare a biennial report
describing the financial activities of all persons required to
submit a report under section 24 of this 2013 Act. The report may
be in a form and manner determined to be appropriate by the
Secretary of State. The report shall be submitted to the
commission not later than March 1 of each even-numbered year. The
commission shall submit a copy of the report to the Governor, the
President of the Senate, the Speaker of the House of
Representatives and the Legislative Fiscal Officer along with the
report required under ORS 182.472. + }
{ +
AFFIRMATIVE DEFENSE TO STATE PROSECUTION + }
SECTION 26. { + (1) Except as provided in subsection (2) of
this section, a person is not subject to prosecution under ORS
475.752 (1)(a), 475.856, 475.858, 475.860, 475.862 or 475.864,
aiding and abetting another in the commission of ORS 475.752
(1)(a), 475.856, 475.858, 475.860, 475.862 or 475.864 or any
other criminal offense in this state in which possessing,
delivering or manufacturing marijuana is an element if the
person:
(a) Holds a permit issued by the Cannabis Commission under
sections 1 to 7 and 9 to 26 of this 2013 Act;
(b) Is in compliance with the applicable provisions of sections
1 to 7 and 9 to 26 of this 2013 Act with respect to the type of
permit held by the person; and
(c) Is in compliance with the applicable rules adopted by the
commission under sections 1 to 7 and 9 to 26 of this 2013 Act
with respect to the type of permit held by the person.
(2) The exemption from prosecution described in subsection (1)
of this section does not apply to a person who:
(a) Violates ORS 813.010; or
(b) Engages in the use of marijuana in a public place as
defined in ORS 161.015, a correction facility as defined in ORS
162.135 or a youth correction facility as defined in ORS
162.135. + }
{ +
TEMPORARY LIMITS ON ISSUANCE OF PERMITS + }
SECTION 27. { + The Cannabis Commission may issue only 18
permits under sections 13 and 15 of this 2013 Act. Of those 18
permits:
(1) Two must be for outdoor sites;
(2) Two must be for greenhouse sites;
(3) Two must be for indoor sites; and
(4) Two must be for research sites. + }
SECTION 28. { + Section 27 of this 2013 Act is repealed on
January 1, 2018. + }
{ +
UNIT CAPTIONS + }
SECTION 29. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
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