Critics Rap Sanctions
On Medical Marijuana
Protesting the overruling by federal judges of state medical marijuana laws, critics recently descended on the doorstep of the Warwick outpost of the US Drug Enforcement Administration. Similar protests organized by Americans for Safe Access, a non-profit group concerned with ensuring access to medical marijuana, took place in 54 other US cities earlier this month. DEA raids of state medical hemp repositories in northern California triggered the protests.
Thomas Angell, president of the University of Rhode Island's Hemp Organization for Prohibition Elimination ( HOPE ), wasn't thrilled by the turnout for the Warwick protest, but he still believes it was worthwhile. "At least local DEA agents know we're here," he says. Angell and his cohorts attempted to deliver "cease and desist" orders to stop federal involvement in states' medical marijuana proceedings, but were rebuffed by the DEA at every turn. According to Angell, "We were basically surrounded by seven agents who wouldn't accept our order."
In other cities, similar protests created more of a buzz. In Washington, DC, people chained themselves to the front of the Justice Department and 10 were arrested. According to the Los Angeles Times, Los Angeles natives, many of whom are plagued with chronic illnesses, are participating in an "open-ended hunger strike and encampment" in response to the DEA's actions.
According to the National Organization for the Reform of Marijuana Laws ( NORML ), pot's medical uses are manifold. According to NORML's Web site, marijuana is a drug that can provide "pain relief -- particularly of neuropathic pain ( pain from nerve damage ) -- nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant, specifically for patients suffering from HIV, the AIDS wasting syndrome, or dementia."
The DEA, not surprisingly, is one of the most vocal opponents of medical marijuana. According to the agency's Web site, "There are over 10,000 scientific studies that prove marijuana is a harmful addictive drug. There is not one reliable study that demonstrates marijuana has any medical value." The site goes on to say, "Medical marijuana has been promoted for "compassionate use" to assist people with cancer, AIDS and glaucoma. Scientific studies show the opposite is true; marijuana is damaging to individuals with these illnesses. In fact, people suffering with AIDS and glaucoma are being used unfairly by groups whose real agenda is to legalize marijuana."
 AMERICANS FOR
SAFE ACCESS
Contacts for information on
other activity venues:
|
OR - Eugene
EMAIL - thcquest@yahoo.com
PHONE - 541-346-7586
Meet at noon at Federal building at 6th and High for the Eugene protest. We will walk to other sites related to federal/states¹ rights of medical marijuana. |
|
OR - Springfield
PHONE - 541-988-9265
Picket at noon at DEA office, 1220 Southwest 3rd Avenue
|
|
OR - Portland
EMAIL - animalwho@marijuana.com
PHONE - 503-239-6110
|
| BASIC TIPS:
1. Wear medical scrubs, if you have them
2. Bring creative signs/drinking water/masks, and any personal items or medications you might require for at least the next 24 hours
3. Bring cameras / recording devices
|
HB 2939 has been introduced and was assigned to House Health and Human Services Committee and is currently scheduled for a hearing Friday, March 21st. It has several changes that are troubling to Oregon medical cannabis patients and health care providers.
NOTE: The text has been annotated with comments, courtesy of Sandee Burbank of MAMA (Mothers Against Misuse & Abuse - see LINKS page on this website.) The proposed changes to the existing law are color coded on this website for ease in reading. All text which appears bracketed in { GREEN } within any section is proposed for addition or amendment. Existing text of the OMMA which appears in RED is proposed for elimination.
LC 2499
72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
House Bill 2939
Sponsored by Representative KRUSE
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced.
Modifies laws relating to medical use of marijuana.
Relating to medical use of marijuana; amending ORS 475.302, 475.309, 475.312 and 475.316.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.
(2) "Debilitating medical condition" means:
(a) Cancer, glaucoma, positive status for human immunodeficiency virus {, } or acquired immune deficiency syndrome, or agitation due to Alzheimer's disease , or treatment for these conditions;
(b) A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:
(i) { (A) } Cachexia;
(ii) { (B) } Severe pain;
(iii) { (C) } Severe nausea;
(iv) { (D) } Seizures, including but not limited to seizures caused by epilepsy; or
(v) { (E) } Persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis; or
(c) Any other medical condition or treatment for a medical condition adopted by the department by rule or approved by the department pursuant to a petition submitted pursuant to ORS 475.334.
(3) "Delivery" has the meaning given that term in ORS 475.005.
(4) "Department" means the Department of Human Services.
(5) { (a) } "Designated primary caregiver" means an individual eighteen years of age or older
{ :(A) } Who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition { ; } and { (B) } Who is designated as such on that { a primary caregiver on a } person's application for a registry identification card or in other written notification to the department. { (b) } "Designated primary caregiver" does not include the person's attending physician.
{ (6) "Grow site" means the street address at which medical marijuana will be produced. }
(6) { (7) } "Marijuana" has the meaning given that term in ORS 475.005.
(7) { (8) } "Medical use of marijuana" means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his or 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 department that identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.
(10) { (11) } "Usable marijuana" means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 to 475.346. "Usable marijuana" does not include the seeds, stalks and roots of the plant.
(11) { (12) } "Written documentation" means a statement signed { and dated } by the attending physician of a person diagnosed with a debilitating medical condition or copies of the person's relevant medical records { signed and dated by the attending physician }.
SECTION 2. ORS 475.309 is amended to read:
475.309. (1) Except as provided in ORS 475.316 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) { (12) } of this section, or is the designated primary caregiver of a cardholder or applicant; and
(b) The person who has a debilitating medical condition and his or her { the person's } primary caregiver are collectively in possession of, delivering or producing marijuana for medical use in the amounts allowed in ORS 475.306.
(2) The Department of Human Services shall establish and maintain a program for the issuance of registry identification cards to a person { persons } who meet the requirements of this section. Except as provided in subsection (3) of this section, the department shall issue a registry identification card to any person who pays a fee in the amount established by the department 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; and
(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 { ;
(e) The grow site for the person; and
(f) Valid, written documentation certifying that the person has successfully completed a medical marijuana education course approved by the department as meeting educational requirements established by the department by rule }.
(3) The department 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 { the } 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 { by } this section to a county health department for transmittal to the Department of Human Services. A county health department that receives the information pursuant to this subsection shall transmit the information to the Department of Human Services within five days of receipt of the information. Information received by a county health department pursuant to this subsection shall be { is } confidential and { is } not subject to disclosure, except as required to transmit the information to the Department of Human Services.
(5) The department shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within thirty { 30 } days of receipt of the application. { As part of the verification process, the department shall inform the attending physician if there has been a previous diagnosis by another attending physician that the applicant is no longer affected by a debilitating medical condition or that continued use of medical marijuana is contraindicated. }
(a) { (6) } The department may deny an application only for the following reasons:
(i) { (a) } The applicant did not provide the information required pursuant to { by } this section to establish his or her { the applicant's } debilitating medical condition and to document his or her { 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; or
(ii) { (b) } The department determines that the information provided was falsified { ; or (c) The person has been convicted of violating ORS 475.992 (1) (a), (b) or (c), or an equivalent offense in another jurisdiction }.
(b) { (7) } Denial of a registry identification card shall be considered { is } a final department action, subject to judicial review. Only the person whose application has been denied , or, in the case of a { if the } person { is } under the age of 18 years of age whose application has been denied, the person's parent or legal guardian, shall have { has } standing to contest the department's action.
(c) { (8) A } Any person whose application has been denied { under subsection (6)(a) or (b) of this section } may not reapply for six months from the date of the denial, unless so authorized { to do so } by the department or a court of competent jurisdiction. { The department may permanently prohibit a person from making further application if the person's application was denied under subsection (6)(c) of this section. }
(6)(a) { (9)(a) } If the department 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)(a) { (6) } of this section is applicable, the department shall issue a serially numbered registry identification card within five days of verification of the information. The registry identification card shall state:
(i) { (A) } The cardholder's { person's } name, address and date of birth;
(ii) { (B) } The date of issuance and expiration date of the registry identification card;
(iii) { (C) } The name and address of the person's designated primary caregiver, if any; and
(iv) { (D) } Such other information as the department may specify by rule { ; and (E) The person's grow site } .
(b) When the person to whom the department has issued a registry identification card pursuant to this section { subsection } has specified a designated primary caregiver, the department shall issue an identification card to the designated primary caregiver.The primary caregiver's registry identification card shall contain the information provided in { required by } paragraph (a) of this subsection.
(7)(a) { (10)(a) } A person who possesses a registry identification card shall:
(i) { (A) } Notify the department of any change in the person's name, address, { telephone number, } attending physician { , } or designated primary caregiver { or grow site }; and
(ii) { (B) } Annually submit to the department: (A) { (i) } Updated written documentation { stating that the person continues to be diagnosed with a debilitating medical condition and that the medical use of marijuana may continue to mitigate the symptoms or effects } of the person's debilitating medical condition { ;
(ii) The grow site for the person }; and (B) { (iii) } 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 { is } deemed{ to have } expired. If { When } a registry identification card expires, the identification card of any designated primary caregiver of the cardholder shall also expire { expires on the same date }.
(8) 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 shall return the registry identification card to the department within seven calendar days of notification of the diagnosis. Any designated primary caregiver shall return his or her identification card within the same period of time.
{ (11) (a) No later than 30 days after an attending physician has diagnosed a person as no longer having a debilitating medical condition, the physician shall notify the department in writing of the change in diagnosis.
(b) No later than 30 days after an attending physician determines that continued use of medical marijuana by a person is contraindicated, the physician shall notify the department in writing of the determination.
(c) Upon receiving notice under paragraph (a) or (b) of this subsection, the department shall revoke the registry identification card of the person. No later than seven days after receiving notification under paragraph (a) or (b) of this subsection, the department shall send the person notice of the revocation that includes a direction to the person to return the person's registry identification card and, if the person has a designated primary caregiver, the primary caregiver's identification card to the department. The revocation takes effect on the date that the person receives the notice of revocation. No later than seven days after receiving notification of the revocation, the person shall return the person's registry identification card and, if the person has a designated primary caregiver, the primary caregiver's identification card to the department. }
(9) { (12) } 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 his or her { 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 department pursuant to subsections { subsection } (2) or (3) of this section and proof of the date of mailing or other transmission of the documentation to the department. This documentation shall have { has } the same legal effect as a registry identification card until such time as the person receives notification that the application has been approved or denied.
SECTION 3. 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; { or }
(e) Manufactures or produces marijuana at a place other than one address for property under the control of the patient and one address for property under the control of the primary caregiver of the patient that have been provided to the Department of Human Services; or
(f) { (e) } Manufactures or produces marijuana at more than one address { Produces marijuana at a location other than the grow site reported to the Department of Human Services }.
(2) In addition to any other penalty allowed by law { : } ,
{ (a) The department may preclude } a person who the department 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 department.
{ (b) The department shall permanently revoke the registry identification card of a person who has been convicted of violating ORS 475.992 (1)(a), (b) or (c), or an equivalent offense in another jurisdiction. }
SECTION 4. ORS 475.312 is amended to read:
475.312. (1) If a person who possesses a registry identification card issued pursuant to ORS 475.309 chooses to have a designated primary caregiver, the person must designate the primary caregiver by including the primary 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 Department of Human Services.
(2) A person described in this section may have only one designated primary caregiver at any given time. { (3) A person who has been issued a registry identification card may not serve as a designated primary caregiver. }
The need of "meeting educational requirements" I see as adding costs to the program, which is borne by the patients. I wonder if that means they will educate about the law, or about producing cannabis? And who are the experts here? Do they educate other patients about the laws that apply to them?
{ As part of the verification process, the department shall inform the attending physician if there has been a previous diagnosis by another attending physician that the applicant is no longer affected by a debilitating medical condition or that continued use of medical marijuana is contraindicated. }
To me this means that doctors who base their practice on advertisement and politics, can increase pressure on doctors that are willing to sign. I'll be talking to an attorney about this.
{ ; or (c) The person has been convicted of violating ORS 475.992 (1)(a), (b) or (c), or an equivalent offense in another jurisdiction }.
{ The department may permanently prohibit a person from making further application if the person's application was denied under subsection (6)(c) of this section. }
Permanently! This doesn"t seem fair.
{ ... The person's grow site }.
Will be on the card. We are trying to get address off the card now. Why do they need that? All they have to do now is call in the address. They could also make a card that they can "swipe" to confirm that the location is legal.
{ stating that the person continues to be diagnosed with a debilitating medical condition and that the medical use of marijuana may continue to mitigate the symptoms or effects }
Now to renew, one need only prove that one's conditions hasn't changed. This will mean that you will have to have a doctor say that "marijuana helps" every time. Many doctors are comfortable just confirming a diagnosis after a patient is already registered. Because they don't have to comment on "marijuana might help" they feel less threatened by the Feds. Many more doctors would sign if it were not for that fear. This will just make it harder and more expensive for patients to have access to their medicine.
{ (11)(a) No later than 30 days after an attending physician has diagnosed a person as no longer having a debilitating medical condition, the physician shall notify the department in writing of the change in diagnosis.
(b) No later than 30 days after an attending physician determines that continued use of medical marijuana by a person is contraindicated, the physician shall notify the department in writing of the determination.
(c) Upon receiving notice under paragraph (a) or (b) of this subsection, the department shall revoke the registry identification card of the person. No later than seven days after receiving notification under paragraph (a) or (b) of this subsection, the department shall send the person notice of the revocation that includes a direction to the person to return the person's registry identification card and, if the person has a designated primary caregiver, the primary caregiver's identification card to the department. The revocation takes effect on the date that the person receives the notice of revocation. No later than seven days after receiving notification of the revocation, the person shall return the person's registry identification card and, if the person has a designated primary caregiver, the primary caregiver's identification card to the department. }
This tightens up the process. With no notification going to the caregiver from the department, it worries me that an unscrupulous patient could take advantage of a caregiver. If a patient fails to notify the caregiver that their card had been revoked, the caregiver could be facing felony charges if they continue to grow, unknowingly their situation has changed. I've been lobbying for notification to go to the caregiver, if the patient changes caregivers, or if a patient's card is revoked.
{ (b) The department shall permanently revoke the registry identification card of a person who has been convicted of violating ORS 475.992 (1)(a), (b) or (c), or an equivalent offense in another jurisdiction. }
Again, there's the word permanently and, I fear, retroactively.
{ (3) A person who has been issued a registry identification card may not serve as a designated primary caregiver. }
Now of everything in this bill, this makes the least sense and I don't understand the reasoning behind it. It is only common sense that if a patient has the ability to produce medicine for him or her self, that they might be able to help another patient that can't produce their own. To insist that only a nonpatient could help as a caregiver is counterproductive. It will hurt patients who depend on each other to produce medicine and share expenses and will make it much harder for patients to have access to medicine. I especially hope we can stop this part.
Well, that's my analysis and concerns. We need to be calling our representatives and especially the following committee members:
Health and Human Services Committee Membership
Rep. Jeff Kruse, Chair
Party: R District: 7
Capitol Phone: 503-986-1407
Capitol Address: 900 Court St. NE H-286, Salem Or 97301
Email Address: rep.jeffkruse@state.or.us
Web page Address: http://www.leg.state.or.us/kruse/home.htm
Rep. Billy Dalto, vice-chair
Party: R District:21
Capitol Phone: 503-986-1421
Capitol Address: 900 Court St. NE H-291, Salem Or 97301
Email Address: rep.billydalto@state.or.us
Web page Address: http://www.leg.state.or.us/dalto/home.htm
Rep. Carolyn Tomei, vice-chair
Party: D District: 41
Capitol Phone: 503 986-1441
Capitol Address: 900 Court St. NE H-388, Salem Or 97301
Email Address: rep.carolyntomei@state.or.us
Web page Address: http://www.leg.state.or.us/tomei/home.htm
Rep. Gordon Anderson
Party: R District:3
Capitol Phone:503-986-1403
Capitol Address: 900 Court St. NE H-490, Salem Or 97301
Email Address: rep.gordonanderson@state.or.us
Web page Address: http://www.leg.state.or.us/anderson/home.htm
Rep. Jeff Barker
Party: D District: 28
Capitol Phone:503-986-1428
Capitol Address: 900 Court St. NE H-476, Salem Or 97301
Email Address: rep.jeffbarker@state.or.us
Web page Address: http://www.leg.state.or.us/barker/home.htm
Rep. Laurie Monnes Anderson
Party: D District: 50
Capitol Phone: 503-986-1450
Capitol Address: 900 Court St. NE H-390, Salem Or 97301
Email Address:rep.lauriemonnesanderson@state.or.us
Web page Address: http://www.leg.state.or.us/monnesanderson/home.htm
Rep. Ben Westlund
Party: R District: 53
Capitol Phone: 503-986-1453
Capitol Address: 900 Court St. NE H-281, Salem Or 97301
Email Address: rep.benwestlund@state.or.us
Web page Address: http://www.leg.state.or.us/westlund/home.htm
Please take time to call, email or write your legislators to alert them and the members of the committee about this bill. Please be polite and concise in explaining your concerns. These are the people who can help us if they desire.
Thank you for your help.
Sandee Burbank
MAMA (Mothers Against Misuse & Abuse)
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