Bill Text: OR HB2982 | 2011 | Regular Session | Introduced

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Bill Title: Relating to medical marijuana.

Spectrum: Bipartisan Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2982 Detail]

Download: Oregon-2011-HB2982-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 1130

                         House Bill 2982

Sponsored by Representative WINGARD (at the request of Deputy
  Emile Burley of the Clackamas County Sheriff's Office)
  (Presession filed.)

                             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 Oregon Health Authority to deny application for
medical marijuana registry identification card if applicant has
been convicted of felony involving controlled substance.
  Prohibits person convicted of felony involving controlled
substance from using medical marijuana registry identification
card.
  Requires Oregon Health Authority to conduct criminal records
check on persons who possess medical marijuana registry
identification card and to revoke card issued to person convicted
of felony involving controlled substance.

                        A BILL FOR AN ACT
Relating to medical marijuana; creating new provisions; and
  amending ORS 475.309, 475.316 and 475.320.
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 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 { + :
  (A) + } May deny an application   { - for the following
reasons - }  { +  if + }:
    { - (A) - }   { + (i) + } 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) - }   { + (ii) + } The authority determines that the
information provided was falsified; or
    { - (C) - }   { + (iii) + } The applicant has been prohibited
by a court order from obtaining a registry identification card.
   { +  (B) Shall deny an application if the applicant has been
convicted of a felony involving a controlled substance. + }
  (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 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 2. ORS 475.316 is amended to read:
  475.316. (1) No person authorized to possess, deliver or
produce marijuana for medical use pursuant to ORS 475.300 to
475.346 shall be excepted from the criminal laws of this state or
shall be deemed to have established an affirmative defense to
criminal charges of which possession, delivery or production of
marijuana is an element if the person, in connection with the
facts giving rise to such charges:
  (a) Drives under the influence of marijuana as provided in ORS
813.010;
  (b) Engages in the medical use of marijuana in a public place
as that term is defined in ORS 161.015, or in public view or in a
correctional facility as defined in ORS 162.135 (2) or youth
correction facility as defined in ORS 162.135 (6);
  (c) Delivers marijuana to any individual who the person knows
is not in possession of a registry identification card;
  (d) Delivers marijuana for consideration to any individual,
even if the individual is in possession of a registry
identification card;
  (e) Manufactures or produces marijuana at a place other than a
marijuana grow site authorized under ORS 475.304; or
  (f) Manufactures or produces marijuana at more than one
address.
  (2) In addition to any other penalty allowed by law, a person
who the Oregon Health Authority finds has willfully violated the
provisions of ORS 475.300 to 475.346, or rules adopted under ORS
475.300 to 475.346, may be precluded from obtaining or using a
registry identification card for the medical use of marijuana for
a period of up to six months, at the discretion of the authority.
   { +  (3) In addition to any other penalty provided by law, a
person who is convicted of a felony involving a controlled
substance is permanently precluded from using a registry
identification card for the medical use of marijuana. + }
  SECTION 3. ORS 475.320 is amended to read:
  475.320. (1)  { - (a) - }  A registry identification cardholder
or the designated primary caregiver of the cardholder may possess
up to six mature marijuana plants and 24 ounces of usable
marijuana.
    { - (b) Notwithstanding paragraph (a) of this subsection, if
a registry identification cardholder has been convicted of a
Class A or Class B felony under ORS 475.840 to 475.920 for the
manufacture or delivery of a controlled substance in Schedule I
or Schedule II, the registry identification cardholder or the
designated primary caregiver of the cardholder may possess one
ounce of usable marijuana at any given time for a period of five
years from the date of the conviction. - }
  (2) A person authorized under ORS 475.304 to produce marijuana
at a marijuana grow site:
  (a) May produce marijuana for and provide marijuana to a
registry identification cardholder or that person's designated
primary caregiver as authorized under this section.
  (b) May possess up to six mature plants and up to 24 ounces of
usable marijuana for each cardholder or caregiver for whom
marijuana is being produced.
  (c) May produce marijuana for no more than four registry
identification cardholders or designated primary caregivers
concurrently.
  (d) Must obtain and display a marijuana grow site registration
card issued under ORS 475.304 for each registry identification
cardholder or designated primary caregiver for whom marijuana is
being produced.
  (e) Must provide all marijuana produced for a registry
identification cardholder or designated primary caregiver to the
cardholder or caregiver at the time the person responsible for a
marijuana grow site ceases producing marijuana for the cardholder
or caregiver.
  (f) Must return the marijuana grow site registration card to
the registry identification cardholder to whom the card was
issued when requested to do so by the cardholder or when the
person responsible for a marijuana grow site ceases producing
marijuana for the cardholder or caregiver.
  (3) Except as provided in   { - subsections (1) and - }  { +
subsection + } (2) of this section, a registry identification
cardholder, the designated primary caregiver of the cardholder
and the person responsible for a marijuana grow site producing
marijuana for the registry identification cardholder may possess
a combined total of up to six mature plants and 24 ounces of
usable marijuana for that registry identification cardholder.
  (4)(a) A registry identification cardholder and the designated
primary caregiver of the cardholder may possess a combined total
of up to 18 marijuana seedlings or starts as defined by rule of
the Oregon Health Authority.
  (b) A person responsible for a marijuana grow site may possess
up to 18 marijuana seedlings or starts as defined by rule of the
authority for each registry identification cardholder for whom
the person responsible for the marijuana grow site is producing
marijuana.
  SECTION 4.  { + (1) The Oregon Health Authority shall revoke a
medical marijuana registry identification card issued to a person
convicted before, on or after the effective date of this 2011 Act
of a felony involving a controlled substance.
  (2) For purposes of subsection (1) of this section, no later
than January 1, 2014, the Oregon Health Authority shall conduct a
criminal records check on all persons who on the effective date
of this 2011 Act possess a medical marijuana registry
identification card. + }
  SECTION 5. { +  Section 4 of this 2011 Act is repealed on
January 2, 2014. + }
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