Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 475.300 is amended to read:
475.300. The people of the state of Oregon hereby find that:
(1) [Patients and doctors have found marijuana to be] Marijuana is an effectivetreatment for suffering caused by debilitating medical conditions, and therefore, patients using marijuana should be treated like patients using other medicines;
(2) Oregonians suffering from debilitating medical conditions should be allowedto use [small] adequate amounts of marijuana without fear of civil or criminal penaltieswhen their doctors advise that such use may provide a medical benefit to them and whenother reasonable restrictions are met regarding that use;
(3) ORS 475.300 to 475.346 are intended to allow Oregonians with debilitatingmedical conditions who may benefit from the medical use of marijuana to be able todiscuss freely with their doctors the possible risks and benefits of medical marijuana useand to have the benefit of their doctor's professional advice; [and ]
(4) ORS 475.300 to 475.346 are intended to make only those changes to existingOregon laws that are necessary to protect patients and their doctors from criminal andcivil penalties, and are not intended to change current civil and criminal laws governingthe use of marijuana for nonmedical purposes.
(5) The State of Oregon has a right to regulate the public health and safety ofits citizens pursuant to the police power reserved to the sovereign States by theTenth Amendment to the United States Constitution. This includes the right toregulate the licensing of the wholly intrastate distribution of marijuana for medicalpurposes.
(6) Citizens of Oregon have the fundamental personal privacy right to usemarijuana for medical purposes to ameliorate pain, prolong life, and/or maintainbodily integrity, and for other medical purposes as guaranteed by the NinthAmendment to the United States Constitution and as further affirmed by the peopleof the State of Oregon by this Act.
(7) Patients for whom the medical use of marijuana is beneficial have apersonal privacy right to a safe affordable supply of this medicine. No such supplycan be guaranteed to these patients unless the persons providing the marijuana canbe adequately compensated. No adequate supply of medical marijuana can beassured for all patients who could benefit from medical marijuana unless medicalmarijuana can be safely and lawfully dispensed in a regulated intrastate market.
(8) Oregon citizens have a right to the best available scientific informationregarding the safety and efficacy of medical marijuana. Experiments to determinethe best information cannot occur unless data is collected from patients and licenseddispensaries. The people recognizing this right enact amendments necessary toconduct these scientific experiments.
SECTION 2. ORS 475.302 is amended to read:
475.302. As used in ORS 475.300 to 475.346:
(1) "Attending physician" means a physician licensed under ORS chapter 677, anaturopath licensed under ORS chapter 685 or a nurse practitioner certified underORS chapter 678 who has [primary] responsibility for the care and treatment of a persondiagnosed with a debilitating medical condition.
(2) "Debilitating medical condition" means:
(a) Cancer, glaucoma, positive status for human immunodeficiency virus oracquired immune deficiency syndrome, or treatment for these conditions;
(b) A medical condition or treatment for a medical condition that produces, for aspecific patient, one or more of the following:
(i) Cachexia;
(ii) Severe pain;
(iii) Severe nausea;
(iv) Seizures, including but not limited to seizures caused by epilepsy; or
(v) Persistent muscle spasms, including but not limited to spasms caused bymultiple sclerosis; or
(c) [Any other medical condition or treatment for a medical condition adopted bythe division by rule or approved by the division pursuant to a petition submitted pursuantto ORS 475.334.] Any other medical condition for which, in the determination of theattending physician, the medical use of marijuana would be beneficial.
(3) "Delivery" has the meaning given that term in ORS 475.005.
(4) "Department" means the Department of Human Services.
[4] (5) "Designated [primary] medical marijuana caregiver" means an individualeighteen years of age or older who has significant responsibility for [managing the wellbeingof] supplying or assisting in supplying marijuana to a person who has beendiagnosed with a debilitating medical condition, and who is [designated as such on thatperson's application for a registry identification card or in other written notification tothe division.] identified by a patient on the patient's application for a registryidentification card or in other written notification to the department changing orupdating the designated medical marijuana caregiver's status. "Designated [primary]medical marijuana caregiver" does not include the person's attending physician. Aperson who merely assists a patient in the patient's use of medical marijuana doesnot become that patient's designated medical marijuana caregiver by doing so.
(6) "Marijuana" has the meaning given that term in ORS 475.005.
(7) "Medical marijuana dispensary" means a person or nonprofit entity thatproduces, supplies, and or dispenses medical marijuana to patients and theirdesignated medical marijuana caregivers, and to other medical marijuanadispensaries. "Medical marijuana dispensary" includes any employees or agents ofsuch a nonprofit entity.
[(7)] (8) "Medical use of marijuana" means the [production, possession, delivery,or] administration of marijuana[, or paraphernalia used to administer marijuana] bysmoking or vaporizing, eating or drinking, or through poultices or tinctures, asnecessary for the [exclusive] benefit of a person to mitigate the symptoms or effects of hisor her debilitating medical condition.
[(8)] (9) "Production" has the same meaning given that term in ORS 475.005.
[(9)] (10) "Registry identification card" means a document issued by the[division] department that identifies a person authorized to engage in the medical use ofmarijuana and the person's designated [primary] medical marijuana caregiver, if any.
[(10)] (11) "Usable marijuana" means the dried leaves and flowers of thecannabis plant [Cannabis family Moracaea], and any mixture or preparation thereof, thatare appropriate for medical use as allowed in ORS 475.300 to 475.346. "Usablemarijuana" does not include the seeds, stalks and roots of the plant or any contaminatedmarijuana or any male marijuana plants or any marijuana clearly intended to bediscarded or the weight of other ingredients in marijuana prepared for consumptionas food.
[(11)] (12) "Written documentation" means a statement signed by the attendingphysician of a person diagnosed with a debilitating medical condition or copies of theperson's relevant medical records.
SECTION 3. ORS 475.306 is amended to read:
475.306. (1) A person who possesses a registry identification card issued pursuantto ORS 475.309 may engage in, [and] or a designated [primary] medical marijuanacaregiver of such [a person] persons may assist in, the medical use of marijuana [only asjustified] and the possession, production, delivery, or transportation of marijuana asneeded to mitigate the symptoms or effects of the person's debilitating medical condition.Except as allowed in subsection (2) of this section, a registry identification cardholderand that person's designated [primary] medical marijuana caregiver may not collectively possess, produce, deliver, or transport [or produce] more than [the following]:[(a) If the person is present at a location at which marijuana is not produced,including any residence associated with that location, one ounce of usable marijuana;and][(b) If the person is present at a location at which marijuana is produced,including any residence associated with that location, three mature marijuana plants,four immature marijuana plants and one ounce of usable marijuana per each matureplant.](a) Ten marijuana plants at any one time; and
(b) One pound of usable marijuana at any one time, unless the person canshow that they are only growing one crop of marijuana per year, and has registeredthat information with the Department, in which case the person may possess up tosix pounds per patient immediately following harvest, which is the amount providedby the United States government to patients through the CompassionateInvestigational New Drug Program of the Department of Health and HumanServices.
(2) If the individuals described in subsection (1) of this section possess, produce,deliver or [produce] transport marijuana in excess of the amounts allowed in subsection
(1) of this section, such individuals are not excepted from the criminal laws of the statebut may establish an affirmative defense to such charges, by a preponderance of theevidence, that the greater amount is medically necessary to mitigate the symptoms oreffects of the person's debilitating medical condition.
(3) [ The Health Division shall define by rule when a marijuana plant is matureand when it is immature for purposes of this section.] Cuttings, clones, seedlings, andstarter plants shall not be counted toward the ten plant limit unless they are greaterthan one foot long measured in any direction or contain usable mature femalemarijuana flowers.
SECTION 4. (1) A medical marijuana dispensary may not possess, produce,deliver or transport marijuana for any purpose except to assist patients withregistry identification cards in their medical use of marijuana or to assist designatedmedical marijuana caregivers in supplying usable marijuana to a qualified patient.
(2) A dispensary shall not deliver more than six pounds of marijuana peryear to a qualified patient or that person's designated medical marijuana caregiverunless that person presents an additional statement from the person's attendingphysician that the greater amount is medically necessary as determined by theattending physician to mitigate the symptoms or effects of the person's debilitatingmedical condition.
(3) A medical marijuana dispensary may not possess, produce, deliver, ortransport an amount of marijuana greater than needed to assure an adequatesupply for registered patients.
SECTION 5. ORS 475.309 is amended to read:
475.309. (1) Except as provided in ORS 475.316 and 475.342, a person engagedin or assisting in the medical use of marijuana or the possession, production, delivery,or transportation of marijuana is excepted from the criminal laws of the state forpossession, production, delivery, or transportation [or production] of marijuana, aidingand abetting another in the possession, production, delivery, or transportation [orproduction] of marijuana or any other criminal offense in which possession, production,delivery, or transportation [or production] of marijuana is an element if the followingconditions 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]10) of this section,or is the designated [primary] medical marijuana caregiver of a cardholder or applicant;and
(b) The person who has a debilitating medical condition and his or her [primary]medical marijuana caregiver are collectively [in possession of] possessing, producing,delivering or [producing] transporting marijuana for medical use in the amounts allowedin ORS 475.306.
(2) The [division] Department of Human Services shall establish and maintain aprogram for the issuance of registry identification cards to persons who meet therequirements of this section. Except as provided in subsection (3) of this section, thedepartment shall issue a registry identification card to any person who pays a fee in theamount [established by the division] of twenty dollars and provides the following:
(a) Valid, written documentation from the person's attending physician stating thatthe person has been diagnosed with a debilitating medical condition and that the medicaluse of marijuana may mitigate the symptoms or effects of the person's debilitatingmedical condition and, if applicable, any statement by the person's attendingphysician that the person may need to exceed the limits established in 475.306(1).(b) The name, address and date of birth of the person;
(c) The name, address and telephone number of the person's attending physician;and
(d) The name and address of the person's designated [primary] medicalmarijuana caregiver, if the person has designated a [primary] medical marijuanacaregiver at the time of application.(e) A statement, for purposes of ORS 475.306 (1)(b), declaring whether thepatient or their designated medical marijuana caregiver will grow only one outdoormarijuana crop per year or will grow multiple indoor crops.
(3) The department shall issue a registry identification card to a person who isunder 18 years of age if the person submits the materials required under subsection (2) ofthis section, and the custodial parent or legal guardian with responsibility for health caredecisions 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 tothat person and to the custodial parent or legal guardian with responsibility for health caredecisions for the person under 18 years of age the possible risks and benefits of themedical use of marijuana;
(b) The custodial parent or legal guardian with responsibility for health caredecisions for the person under 18 years of age consents to the use of marijuana by theperson under 18 years of age for medical purposes;
(c) The custodial parent or legal guardian with responsibility for health caredecisions for the person under 18 years of age agrees to serve as the designated [primary]medical marijuana caregiver for the person under 18 years of age; and
(d) The custodial parent or legal guardian with responsibility for health caredecisions for the person under 18 years of age agrees to control the acquisition ofmarijuana and the dosage and frequency of use by the person under 18 years of age.
(4) (a) A person applying for a registry identification card pursuant to this sectionmay submit the information required in this section to a county health department fortransmittal to the [division] Department of Human Services. A county healthdepartment that receives the information pursuant to this subsection shall transmit theinformation to the [division] Department of Human Services within five days of receiptof the information. Information received by a county health department pursuant to thissubsection shall be confidential and not subject to disclosure, except as required totransmit the information to the [division] Department of Human Services.(b) If the person's attending physician refuses to provide the writtendocumentation required by ORS 475.309 (2)(a), then the person may present totheir County Health Officer written proof of a diagnosis within the last year of adebilitating condition listed in ORS 475.302(2). The County Health Officer shallauthenticate the diagnosis of a debilitating medical condition and this authenticationshall meet the requirements for this section that an attending physician state thatthe medical use of marijuana may mitigate the symptoms or effects of the person'sdebilitating medical condition.(5) The [division] department shall verify the information contained in anapplication submitted pursuant to this section and shall approve or deny an applicationwithin thirty days of receipt of the application.
(a) The [division] department may deny an application only for the followingreasons:
(i) The applicant did not provide the information required pursuant to this sectionto establish his or her debilitating medical condition and to document his or herconsultation with an attending physician or authentication of the debilitating medicalcondition by a county health officer regarding the medical use of marijuana inconnection with such condition, as provided in subsections (2) and (3) of this section; or
(ii) The [division] department determines that the information provided wasfalsified.
(b) Denial of a registry identification card shall be considered a final [division]department action, subject to judicial review. Only the person whose application hasbeen 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 [division's] department's action. Jurisdiction shall be in the Circuit Court and venue will lie in either the district where the applicant lives or in the district where the denial occurred at the applicant's discretion.(c) Any person whose application has been denied may not reapply for six monthsfrom the date of the denial, unless so authorized by the [division] department or a courtof competent jurisdiction.
(6)(a) If the [division] department has verified the information submittedpursuant to subsections (2) and (3) of this section and none of the reasons for denial listedin subsection (5)(a) of this section is applicable, the [division] department shall issue aserially numbered registry identification card within five days of verification of theinformation. The registry identification card shall state:
(i) The cardholder's name, address and date of birth;
(ii) The date of issuance and expiration date of the registry identification card;
(iii) The name and address of the person's designated [primary] medicalmarijuana caregiver, if any; and
(iv) Such other information as the [division] department may specify by rule.
(b) When the person to whom the [division] department has issued a registryidentification card pursuant to this section has specified a designated [primary] medicalmarijuana caregiver, the [division] department shall issue an identification card to thedesignated [primary] medical marijuana caregiver at the caregiver's address listed onthe application. The [primary] medical marijuana caregiver's registry identificationcard shall contain the primary information provided in paragraph (a) of this subsection.
(7)(a) A person who possesses a registry identification card shall:
(i) Notify the [division] department of any change in the person's name, address,attending physician or designated [primary] medical marijuana caregiver; and
(ii) Annually submit to the [division] department:
(A) Updated written documentation of the person's debilitating medical condition;and
(B) The name of the person's designated [primary] medical marijuana caregiverif a [primary] medical marijuana caregiver has been designated for the upcoming year.
(b) If a person who possesses a registry identification card fails to comply withthis subsection, the card shall be deemed expired. If a registry identification card expires,the identification card of any designated [primary] medical marijuana caregiver of thecardholder shall also expire.
(8) When a person notifies the department of any change in the person'sname, address, designated medical marijuana caregiver, or address of a registeredgarden, the department shall issue the person a new registry identification card within ten days of receipt of the updated information and shall issue a new registryidentification card for the person's designated medical marijuana caregiver.
[(8)] [9] A person who possesses a registry identification card pursuant to thissection and who has been diagnosed by the person's attending physician as no longerhaving a debilitating medical condition shall return the registry identification card to the[division] department within seven calendar days of notification of the diagnosis. Anydesignated [primary] medical marijuana caregiver shall return his or her identificationcard within the same period of time.[(9)] [10] A person who has applied for a registry identification card pursuant tothis section or that person's designated medical marijuana caregiver [but] whoseapplication has not yet been approved or denied, and who is contacted by any lawenforcement officer in connection with his or her administration, possession, delivery,[or] production or transportation of marijuana for medical use may provide to the lawenforcement officer a copy of the written documentation submitted to the [division]department pursuant to subsections (2) or (3) of this section and proof of the date ofmailing or other transmission of the documentation to the [division] department. Thisdocumentation shall have the same legal effect as a registry identification card until suchtime as the person receives notification that the application has been approved or denied.The department shall provide copies of an application for status as a registeredpatient or as a designated medical marijuana caregiver to the person submitting theapplication at the time the application is submitted to the department. These copiesmust be marked to clearly indicate the date the application was received by thedepartment.
SECTION 6. ORS 475.312 is amended to read:
475.312. (1) If a person who possesses a registry identification card issuedpursuant to ORS 475.309 chooses to have a designated [primary] medical marijuanacaregiver, the person must designate the [primary] medical marijuana caregiver byincluding the [primary] medical marijuana caregiver's name and address:
(a) On the person's application for a registry identification card;
(b) In the annual updated information required under ORS 475.309; or
(c) In a written, signed statement submitted to the [division] Department ofHuman Services.
(2) A person described in this section may have only one designated [primary]medical marijuana caregiver at any given time but may change their designatedmedical marijuana caregiver at any time by notifying the department and paying anadditional ten-dollar fee.
(3) A person who merely assists a qualified patient with their medical use ofmarijuana but who is not designated as such on the patient's application form or inother written communication with the department shall not be considered thatpatient's designated medical marijuana caregiver.
(4) A person may be the designated medical marijuana caregiver for up to ten patients without a medical marijuana dispensary license.
(5) When a patient who possesses a registry identification card changes theirdesignated medical marijuana caregiver, the department shall notify the designatedmedical marijuana caregiver within ten days.
(a) The designated medical marijuana caregivers' exception from criminallaws shall expire ten days after notification by the department of their cancellation.
(6) Designated medical marijuana caregivers may be compensated by theirregistry identification cardholders in any manner agreed on by both parties. Thiscompensation shall not constitute transfer of marijuana for consideration for thepurposes of ORS 475.992.
SECTION 7. (1) A medical marijuana dispensary is excepted from thecriminal laws of the state for possession, production, delivery, or transportation ofmarijuana, or aiding and abetting another in the possession, production, delivery, ortransportation of marijuana, or any other criminal offense in which possession,production, delivery or transportation of marijuana is an element if:
(a) The medical marijuana dispensary holds a medical marijuana dispensarylicense issued by the department pursuant to this section;
(b) The only delivery of marijuana is between the licensed medical marijuanadispensary and a person holding a valid registry identification card, designatedcaregiver card or another licensed medical marijuana dispensary; and
(c) The medical marijuana dispensary is in compliance with all applicablerules promulgated by the department for regulating medical marijuanadispensaries.
(2)(a) The department shall establish and maintain a program for theissuance of medical marijuana dispensary licenses to persons who meet therequirements of this section. The department shall promulgate rules and proceduresnecessary to create a supply of medical marijuana for qualified patients. These rulesshall be promulgated to create an intrastate market in medical marijuana subject toregulations necessary to ensure that medical marijuana is available to qualifiedpatients.
(b) The department shall issue a medical marijuana dispensary license to anyperson who provides the following:
(i) A fee paid to the department in the amount established by the departmentby rule. This fee shall initially be set at $1000.
(ii) A petition signed by at least twenty-five registry identification cardholders calling for the establishment of the dispensary.
(iii) The name of the dispensary.(iv) The physical address of the dispensary and any other property wheremedical marijuana is possessed, produced, processed, or cultivated related to theoperations of the dispensary.
(v) The name, address and date of birth of any person who is an agent of oremployed by the medical marijuana dispensary.
(3) Notwithstanding subsection (4)(a) below, any County Health Departmentmay be licensed by the department as a medical marijuana dispensary. If no privatedispensary is licensed in a county where one or more registered patients resideswithin six months following enactment of these amendments then the departmentshall grant the County Health Department a medical marijuana dispensary licensewaiving the signature and license fee requirements. Once so licensed the CountyHealth Department shall dispense medical marijuana to registered patients in thatcounty as needed. Nothing in this section shall be construed to impinge on patients'rights to cultivate their own medical marijuana, designate a medical marijuanacaregiver to cultivate for them, or procure marijuana at a dispensary of their choice.
(4) The department shall establish the necessary rules and procedures toregulate the operation of medical marijuana dispensaries including the following:
(a) Medical marijuana dispensaries shall be established as nonprofit entities.They shall be subject to all applicable Oregon laws governing nonprofit entities butneed not have received 501(c)(3) status from the Internal Revenue Service.
(b) Medical marijuana dispensaries shall be subject to reasonable inspectionby the department to determine that applicable rules are being followed.Reasonable notice shall be given prior to these inspections.
(c) Medical marijuana dispensaries shall file quarterly reports with thedepartment. These report shall include:
(i) An accounting of all income from and all expenditures incurred to possess,produce, deliver or transport medical marijuana;
(ii) The quantity of marijuana in ounces delivered to each cardholder bytheir card number in a manner that maintains the confidentiality of the registrycardholders' identity.
(iii) The total quantity of marijuana in ounces delivered for consideration.
(iv) The total revenue received from marijuana delivered for consideration.
(v) The total quantity of marijuana in ounces delivered for no considerationand the total quantity delivered to each indigent patient in a manner that maintainsthe confidentiality of the registry cardholders' identity
(d) The department shall collect a monthly fee from each medical marijuanadispensary that is a percentage of gross revenue for delivery of medical marijuana.The percentage shall be set at 10% unless the department determines that this isinsufficient to fund the program in which case the department may increase thepercentage but not more than to 25%.
(e) The department shall set these fees and the fee for a dispensaryregistration license at a level to cover the costs of administering the Oregon MedicalMarijuana Program. These costs shall not include the costs for legal advice andrulemaking which shall be paid out of the budget of the Department of HumanServices.
Section 8. The department shall establish a program to assist indigentpatients in obtaining medical marijuana.
(1) The purpose of this program is to provide a minimum supply of usablemedical marijuana to every registry identification cardholding patient.
(2) The department shall establish income standards based on eligibility forthe Oregon Health Plan. A patient shall qualify for this program if their income is ator below the level set for qualifying for the Oregon Health Plan. A patient whomeets the income requirements but has insurance other than the Oregon HealthPlan shall also be covered.
(3) Patients whose income is below the level set by the Oregon Health Planshall receive a certificate of indigence from the department that the patient may useto acquire medical marijuana at no cost from medical marijuana dispensaries.
(4) Each medical marijuana dispensary shall be required to provide medicalmarijuana to indigent patients. The dollar value of the medicinal marijuanaprovided to indigent patients must be at least 20% of the total dollar value ofmedical marijuana sold by each medical marijuana dispensary each month.
(5) Each dispensary shall report monthly to the department detailing whichindigent patients received medical marijuana from the dispensary and how muchmarijuana in ounces they received, and the dollar value of the marijuana in amanner that maintains the confidentiality of the indigent patients
(6) The department shall promulgate rules and procedures necessary toimplement this program.
(7) The department shall establish penalties for abuse of this program bydispensaries. Discriminating against indigent patients by a pattern of deliveringlower grade medicine shall be considered abuse.
(a) The penalty for a first violation shall be a warning.
(b) The penalty for a second violation shall include fines up to 20% of themonthly revenue of the dispensary.
(c) The penalty for a third violation shall include suspension of thedispensary's license for a period of time to be determined by the department.(d) The penalty for a fourth violation shall be revocation of the dispensarylicense.
(e) A licensed medical marijuana dispensary shall have the right to de novoreview by the commission established by Section 23 of these amendments and shallhave the right to review of the commission's decision by the Court of Appeals uponfiling a notice of appeal within sixty days following an adverse decision by thecommission.
(8) The department shall establish a system of auditing the reports providedby the medical marijuana dispensaries to determine that no indigent patient isreceiving more marijuana than is allowed by this act.
Section 9. ORS 475.316 is amended to read:
475.316. (1) No person authorized to possess, deliver, transport or producemarijuana for medical use pursuant to ORS 475.300 to 475.346 shall be excepted fromthe criminal laws of this state or shall be deemed to have established an affirmativedefense to criminal charges of which possession, delivery or production of marijuana isan 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] Smokes marijuana in a public place, as thatterm is defined in ORS 161.015, or in public view or in a correctional facility as definedin 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 inpossession of a registry identification card;
(d) Delivers marijuana for consideration to any individual, even if the individualis in possession of a registry identification card, unless the person delivering marijuanafor consideration is an agent or employee of a medical marijuana dispensary, or thedesignated medical marijuana caregiver delivering to the patient for whom they aredesignated;(e) [Manufactures or produces marijuana at a place other than one address forproperty under the control of the patient and one address for property under the controlof the primary caregiver of the patient that have been provided to the Health Division;or] Manufactures or produces marijuana at a place that has not been registeredwith the department.[(f) Manufactures or produces marijuana at more than one address.]
(2) In addition to any other penalty allowed by law, a person who the [division]department finds has willfully violated the provisions of ORS 475.300 to 475.346, orrules adopted under ORS 475.300 to 475.346, may be precluded from obtaining or usinga registry identification card for the medical use of marijuana for a period of up to sixmonths, at the discretion of the [division] department.
Section 10. ORS 475.319 is amended to read:
475.319. (1) Except as provided in ORS 475.316 and 475.342, it is an affirmativedefense to a criminal charge of possession [or], production, delivery or transportationof marijuana, or any other criminal offense in which possession [or], production, delivery or transportation of marijuana is an element, that the person charged with the offense is a person who:
(a) Has been diagnosed with a debilitating medical condition within 12 monthsprior to arrest and has been advised by his or her attending physician the medical use ofmarijuana may mitigate the symptoms or effects of that debilitating medical condition; oris the designated medical marijuana caregiver for such a person;(b) Is engaged in the [medical use of marijuana] possession, production,delivery, or transportation of marijuana for medical use; and
(c) Possesses or produces marijuana only in the amounts allowed in ORS 475.306
(1), or in excess of those amounts if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person's attending physician to mitigate the symptoms or effects of the person's debilitating medical condition.
(2) It is not necessary for a person asserting an affirmative defense pursuant to this section to have received a registry identification card in order to assert the affirmativedefense established in this section.
[(3) No person engaged in the medical use of marijuana who claims thatmarijuana provides medically necessary benefits and who is charged with a crimepertaining to such use of marijuana shall be precluded from presenting a defense ofchoice of evils, as set forth in ORS 161.200, or from presenting evidence supporting thenecessity of marijuana for treatment of a specific disease or medical condition, providedthat the amount of marijuana at issue is no greater than permitted under ORS 475.306and the patient has taken a substantial step to comply with the provisions of ORS 475.300to 475.346].
(3) No person charged with possession, delivery or manufacture ofmarijuana, or any other criminal offense in which the possession, delivery ormanufacture of marijuana is an element of the offense shall be precluded in any wayfrom asserting the defense of choice of evils as set forth in ORS 161.200, where theperson reasonably believes that the possession, delivery or manufacture ofmarijuana is medically necessary. No such person shall be prevented frompresenting any evidence, including scientific evidence, in support of thereasonableness of the person's belief. The objective reasonableness of the person'sbelief shall be an issue only for the trier of fact and the trial judge shall instruct thejury on the elements of the defense in all cases where such person subjectively hassuch reasonable belief.
(4) Any defendant proposing to use the affirmative defense provided for by thissection in a criminal action shall, not less than five days before the trial of the cause, fileand serve upon the district attorney a written notice of the intention to offer such adefense that specifically states the reasons why the defendant is entitled to assert and thefactual basis for such affirmative defense. If the defendant fails to file and serve suchnotice, the defendant shall not be permitted to assert the affirmative defense at the trial ofthe cause unless the court for good cause orders otherwise.
(5) If any person registers with the department as a medical marijuanapatient subsequent to his or her arrest and can establish by a preponderance of theevidence that the person suffered from the debilitating medical condition at the timeof his or her arrest, any conviction arising out of that arrest in which the possession,production, delivery, or transportation of marijuana is an element shall bepunishable as a violation with a fine not to exceed $500.
Section 11. The department shall utilize data collected from registeredcardholders and licensed medical marijuana dispensaries to engage in scientificresearch as to the safety and efficacy of marijuana as medicine. The departmentshall annually publish a report of the data and results.The department will establish procedures to assist any dispensary, or anyprivate or government researcher in conducting research into the safety and efficacy of medical marijuana.
Section 12. ORS 475.323 is amended to read:
475.323 (1) Possession of a registry identification card or designated [primary]medical marijuana caregiver identification card pursuant to ORS 475.309 shall notalone constitute probable cause to search the person or property of the cardholder orotherwise subject the person or property of the cardholder to inspection by anygovernmental agency.
(2) Any property interest possessed, owned or used in connection with the medical use of marijuana or acts incidental to the medical use of marijuana that has been seized by state or local law enforcement officers shall not be harmed, neglected, injured or destroyed while in the possession of any law enforcement agency. A law enforcementagency has no responsibility to maintain live marijuana plants lawfully seized. No suchproperty interest may be forfeited under any provision of law providing for the forfeitureof property other than as a sentence imposed after conviction of a criminal offense.Usable marijuana and paraphernalia used to administer marijuana that was seized by anylaw enforcement office shall be returned immediately upon a determination by the districtattorney in whose county the property was seized, or his or her designee, that the personfrom whom the marijuana or paraphernalia used to administer marijuana was seized isentitled to the protections contained in ORS 475.300 to 475.346. Such determination maybe evidenced, for example, be a decision not to prosecute, the dismissal of charges, oracquittal.(a) If the law enforcement agency involved refuses to return usablemarijuana to the registry identification cardholder or designated medical marijuanacaregiver cardholder then the law enforcement agency shall be liable to thecardholder for the fair market value of the marijuana.
Section 13. ORS 475.326 is amended to read:
475.326 No attending physician may be subjected to civil penalty or discipline bythe Board of Medical Examiners for:
(1) Advising a person whom the attending physician has diagnosed as having adebilitating medical condition, or a person who the attending physician knows has beenso diagnosed by another physician licensed under ORS chapter 677, about the risks andbenefits of medical use of marijuana or that the medical use of marijuana may mitigatethe symptoms or effects of the person's debilitating medical condition, provided theadvice is based on the attending physician's personal assessment of the person's medicalhistory and current medical condition; or
(2) Providing the written documentation necessary for issuance of a registryidentification card under ORS 475.309, if the documentation is based on the attendingphysician's personal assessment of the applicant's medical history and current medicalcondition and the physician has discussed the potential medical risks and benefits of themedical use of marijuana with the applicant.Section 14. ORS 475.328 is amended to read:
475.328. No professional licensing board may impose a civil penalty or take otherdisciplinary action against a licensee based on the licensee's medical use of marijuana inaccordance with the provisions of ORS 475.300 to 475.346 or actions taken by thelicensee that are necessary to carry out the licensee's role as a designated [primary]medical marijuana caregiver to a person who possesses a lawful registry identificationcard issued pursuant to ORS 475.309.
Section 15. ORS 475.331 is amended to read:
475.331. (1) The [division] department shall create and maintain a list of thepersons to whom the [division] department has issued registry identification cardspursuant to ORS 475.309 and the names of any designated [primary] medical marijuanacaregivers. Except as provided in subsection (2) of this section, the list shall beconfidential and not subject to public disclosure.
(2) Names and other identifying information from the list established pursuant tosubsection (1) of this section may be released to:
(a) Authorized employees of the [division] department as necessary to performofficial duties of the [division] department; and
(b) Authorized employees of state or local law enforcement agencies, only asnecessary to verify that a person is a lawful possessor of a registry identification card orthat a person is the designated [primary] medical marijuana caregiver of such a person.(3) The department shall establish a system so that law enforcement agenciescan verify this information at any time.(4) Law enforcement agencies shall contact the department prior to obtaininga search warrant in any marijuana case unless they have specific credible evidencethat activity not authorized under 475.300 to 475.342 has occurred.
Section 16. ORS 475.334 is amended to read:[475.334. Any person may submit a petition to the division requesting that aparticular disease or condition be included among the diseases and conditions thatqualify as debilitating medical conditions under ORS 475.302. The division shall adoptrules establishing the manner in which the division will evaluate petitions submittedunder this section. Any rules adopted pursuant to this section shall require the division toapprove or deny a petition within 180 days of receipt of the petition by the division.Denial of a petition shall be considered a final division action subject to judicial review.]Section 17. ORS 475. 338 is amended to read:
475.338. The [division] Department of Human Services shall adopt all rulesnecessary for the implementation and administration of ORS 475.300 to 475.346.Rulemaking expenses and any costs associated with legal advice sought by thedepartment shall be paid out of the budget of the Human Resources Departmentand not from the Oregon Medical Marijuana Program budget.
Section 18. ORS 475.340 is amended to read:
475.340. Nothing in ORS 475.300 to 475.346 shall be construed to require:
(1) A government medical assistance program or private health insurer toreimburse a person for costs associated with the medical use of marijuana; or
(2) An employer to accommodate the medical use of marijuana in any workplaceexcept that the status of being a registered medical marijuana patient shall not inand of itself constitute cause for termination of employment.Section 19. ORS 475.342 is amended to read:
475.342. Nothing in ORS 475.300 to 475.346 shall protect a person from acriminal cause of action based on possession, production, or delivery of marijuana that isnot authorized by ORS 475.300 to 475.346.Section 20. Reciprocity. The laws and rules of states with medical marijuanalaws shall be given full faith and credit by the state of Oregon.
Section 21. Any person who lawfully possesses a registry identification card,as defined in ORS 475.302 (9), shall be guaranteed such rights as are conferred bythis Act, by means of a cause of action in law or equity, against any person who actsto deny such rights.
Section 22. If provisions of this act establishing medical marijuanadispensaries are enjoined or declared unconstitutional then enforcing laws againstdelivery of marijuana for consideration to cardholding patients shall be the lowestpriority of law enforcement.
Section 23. (1) The department shall establish the Oregon MedicalMarijuana Commission. This commission shall oversee the management of theOregon Medical Marijuana Program administered by the department. Thiscommission shall have the authority to propose administrative rules, veto OMMPstaff decisions, and suggest future legislative changes to this Act. The staff of theOregon Medical Marijuana Program must follow directives of this commission.
(2) The commission shall consist of the following positions:
(a) One patient representative elected by the registry identificationcardholding patients;
(b) One caregiver representative elected by the cardholding caregivers;
(c) One medical marijuana dispensary representative elected by thedispensaries;
(d) One representative from the department;
(e) One representative from law enforcement chosen by the Oregon DistrictAttorneys Association;
(f) One representative from the criminal defense bar chosen by the OregonCriminal Defense Lawyers Association; and
(g) One representative from the medical profession to be chosen by theGovernor after consultation with medical professional organizations.
(3) The department shall promulgate all rules necessary for theimplementation of this section.
Section 24. Severability. If any Section or part of this act is declared invalidthen all the remaining Sections remain in effect.