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Taking the Initiative and Making Legislation yourself Legislation Station; section index
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in Oregon State: Legislative Items past and present


Legislative items from year 2015 2015, Legislative items

   House Bill 2546 notes and information House Bill 2546 - Relating to inhalants; Defines (inhalant delivery system), Amends laws concerning sale of tobacco products to, and use of tobacco products by, minors so those laws equally apply to inhalant delivery systems.
   House Bill 2636 notes and information House Bill 2636 - Relating to medical marijuana registration, authorizing physician; Prohibits if physician has provided for 450 or more persons.
   House Bill 2668 notes and information House Bill 2668 - Relating to industrial hemp; Repeals statutes requiring industrial hemp growers and handlers to be licensed by State Department of Agriculture.
   House Bill 2754 notes and information House Bill 2754 - Relating to immunity for persons who seek medical assistance; Exempts person from arrest and prosecution for certain offenses and finding of violation of terms of release or supervision if person contacts emergency medical services or law enforcement agency to obtain necessary medical assistance for other person due to drug-related overdose.
   House Bill 2781 notes and information House Bill 2781 - Relating to prohibition against registry identification card holders at child care facilities; Prohibits Office of Child Care from certifying, registering, recording or providing state funds to child care facility when person with regular presence at facility possesses medical marijuana card.
   House Bill 2980 notes and information House Bill 2980 - Authorizes defendant to request district attorney to approve extension of marijuana possession diversion period.
   Senate Bill 320 notes and information Senate Bill 320 - Allows food establishment located within residential dwelling to produce limited amounts of certain foods for sale to public without being regulated by State Department of Agriculture.
   Senate Bill 364 notes and information Senate Bill 364 - Relating to the classification of marijuana offenses; Requires court to use current classification of marijuana offenses when determining if person is eligible for order setting aside conviction.
   Senate Bill 417 notes and information Senate Bill 417 - Relating to retail sale of products used to deliver substances into a person's respiratory system; Requires premises where person makes retail sales of tobacco products and inhalant delivery systems to be licensed by Oregon Liquor Control Commission, exempts medical and adult cannabis use.
   Senate Bill 445 notes and information Senate Bill 445 - Relating to disclosure of information to consumers of marijuana; info on harmful effects of marijuana on pregnant women and potential for marijuana to cause birth defects.
   Senate Bill 460 notes and information Senate Bill 460 - Relating to marijuana facilities and children; Directs Oregon Health Authority to adopt rules providing for relocation of registered medical marijuana facility if school is established.
   Senate Bill 464 notes and information Senate Bill 464 - Relating to extracting cannabinoids from the cannabis plant; Requires specific registration and Authority to adopt rules regulating processing of cannabinoid extracts.
   Senate Bill 479 notes and information Senate Bill 479 - Relating to the clinical research of cannabis; Creates Task Force on Clinical Research of Cannabis and directs task force to study and report on development of medical cannabis industry that provides patients with medical products that meet individual patient needs.
   Senate Bill 480 notes and information Senate Bill 480 - Relating to the clinical research of cannabis; Establishes as semi-independent state agency Clinical Research of Cannabis Board, Directs board to promote use of cannabis as treatment for medical conditions, compile information on medical use of cannabis and identify and support organizations and entities that engage in clinical research of cannabis or that administer cannabis on basis of clinical research.
   Senate Bill 663 notes and information Senate Bill 663 - Requires premises where person makes retail sales of tobacco products and inhalant delivery systems to be licensed by Oregon Liquor Control Commission.
   Senate Bill 844 notes and information Senate Bill 844 - Relating to the clinical research of cannabis; Establishes as semi-independent state agency Clinical Research of Cannabis Board, Directs board to promote use of cannabis as treatment for medical conditions, compile information on medical use of cannabis and identify and support organizations and entities that engage in clinical research of cannabis or that administer cannabis on basis of clinical research.
   Senate Bill 964 notes and information Senate Bill 964 - Makes changes to Oregon Medical Marijuana Act, including limiting amount of plants that may be grown at addresses where marijuana grow sites are located and requiring registration of marijuana processing sites. Allows cities and counties to adopt ordinances prohibiting establishment of marijuana processing sites and medical marijuana dispensaries in jurisdiction of city or county.

Legislative items from year 2014 2014, Legislative items

   Senate Bill 1531 notes and information Senate Bill 1531, Medical - Specifies that governing body of city or county may prohibit the establishment or regulate or restrict the operation of medical marijuana facilities.
   Senate Bill 1556 notes and information Senate Bill 1556, Legalization - Declares that person 21 years of age or older legally should be able to possess, transfer or produce marijuana.


Legislative items from year 2013 2013, Legislative items

   Senate Bill 82 notes and information Senate Bill 82, to Remove 6-month Drivers License suspension for Cannabis (Marijuana) possession
   Senate Bill 281 notes and information Senate Bill 281, to add PTSD to the OMMP


Legislative items from year 2012 2012, Legislative items

   Legislative Concept 1749 notes and information Legislative Concept 1749, to add PTSD to the OMMP

   Attorney General Race  notes and information Attorney General Race, the Good and the Bad

   Initiative 9 -- Oregon Cannabis Tax Act (OCTA)  notes and information Initiative 9 -- Oregon Cannabis Tax Act (OCTA)

   Initiative 24 -- Oregon Marijuana Policy Intiative (OMPI) notes and information Initiative 24 -- Oregon Marijuana Policy Intiative (OMPI)


Legislative items from year 2011 2011, Legislative items

   House Bill 3664 notes and information HB 3664, the "Sum Of All Fears" bill
   Senate Bill 5529 notes and information SB 5529, Increases OMMP Fees


Legislative items from year 2010 2010, Legislative items

   Initiative 28 notes and information I-28, the Dispensary Initiative continues


Legislative items from year 2009 2009, Legislative items

   Initiative 28 notes and information I-28, the Dispensary Initiative
   Senate Bill 388 notes and information SB 388, changes the Program for Law Enforcement; Decreases amount of marijuana that may be possessed by persons responsible for marijuana grow sites to 24 ounces, etc.
   Senate Bill 426 notes and information SB 426, Expands ability of employer to prohibit use of medical marijuana in workplace
   Senate Bill 427 notes and information SB 427, Relates to drug-free workplace policies; Requires applicant for medical marijuana registry identification card to notify employer before using marijuana, etc.
   House Bill 2313 notes and information HB 2313, a Land Use bill that could effect Dispensarys
   House Bill 2497 notes and information HB 2497, Relating to employment; Expands ability of employer to prohibit use of medical marijuana in workplace
   House Bill 2503 notes and information HB 2503, Relating to medical marijuana in the workplace; Prohibits discrimination in employment under certain circumstances, etc.


Legislative items from year 2007 2007, Legislative items

   House Bill 465 notes and information SB465, a Fire-em-All-and-let-God-sort-out bill


Legislative items from year 2005 2005, Legislative items

   House Bill 1085 notes and information SB1085, needs your attention
   Senate Bill 2693 notes and information HB2693, the "dumb bill gone bad" bill
   Senate Bill 3457 notes and information HB3457, the "Forfeiture" bill
   House Bill 717 notes and information SB717, the anti-Medical Marijuana bill
   House Bill 772 notes and information SB772, the pro-Medical Marijuana bill
   House Bill 2485 notes and information HB2485, the anti-Meth & Marijuana bill
   Senate Bill 294 notes and information SB294, the Hemp bill
   Senate Bill 397 notes and information SB397, Denies Benefits
   Senate Bill 2695 notes and information HB2695, DUI & 2nd-Hand Smoke
   House Bill 717 notes and information HB5077, the "Rob the Sick and Dying Pot-heads" bill

Legislative items from year 2003 2003, Legislative items

   House Bill 2939 notes and information HB2939, a previous bad Medical Marijuana bill

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MERCYs S.B. 2939 page

MERCYs' public info on House Bill 2939 as well as any related Issues.
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SUMMARY: House Bill 2939, Sponsored by Senator GIROD; Representative GILLIAM, Relating to drugs in the workplace. Expands ability of employer to prohibit use of medical marijuana in workplace.

STATUS:

02/02 (S) Introduction and first reading. Referred to President's desk.

02/09 (S) Referred to Commerce and Workforce Development.


HB 2939 and HB 427 (both are fire'em all bills) have been assigned to the House Commerce and Workforce Development. This committee is chaired by a good friend of ours, Diane Rosenbaum and includes Floyd Prozanski another friendly voice. There are two other D's on the committee so we may have some luck bottling up these two outrageously discriminatory bills. Let all of these folks know why these bills should not be heard or defeated if heard.

Commerce and Workforce Development

Membership:
Diane Rosenbaum, Chair ( sen.dianerosenbaum@state.or.us )
Chris Telfer, Vice-Chair ( sen.christelfer@state.or.us )
Larry George ( sen.larrygeorge@state.or.us )
Laurie Monnes Anderson ( sen.lauriemonnesanderson@state.or.us )
Floyd Prozanski ( sen.floydprozanski@state.or.us )

Staffing:
Jeremy Sarant
Pam Marshall

Here is a link to HB 2939:   http://www.leg.state.or.us/09reg/measures/HB0400.dir/HB02939.intro.html


I guess my question would be does being on the OMMP of and in itself qualify as a "disability". What is the legal definition of "disabled" and "disability"? Is everyone on the OMMP considered legally disabled?

-Steve
----
well, no.

Washburn wasn't. Washburn was a patient and the Oregon Supreme Court held his was not a disability recognized by the ODA or the ADA.

The legal definition of disabled, under the Oregonians with Disabilities Act is read in lockstep with the federal definition under the Americans with Disabilities Act (ADA). That is one of the decisions the Oregon Supreme Court made in Washburn.

The lead US Supreme Court Case defining disabilities for purposes of the ADA is /Sutton v. United Airlines /where the Court held that a person is not disabled under federal disability law if a mitigating measure will alleviate an otherwise substantial limitation to a major life activity. (There, eyeglasses for near sightedness)

The Court of Appeals decision in /Emerald Steel/, relied on by Mike and others in support of the notion that the use of medical cannabis by OMMA patients is not 'unlawful'. The Court in /Emerald Steel/ ruled that the company had failed to preserve any issues for appeal which is to say that nothing in the opinion is binding or controlling on anybody or any issue.

The problem, of course, is that unlike disability acts, laws relating to the medical use of therapeutic cannabis are not read in lockstep. Federal law prohibits the use of medical cannabis. The US Supreme Court has ruled that medical necessity is not a defense to an effort by the federal government to enjoin the distribution of medical cannabis (/US v. OCBC/) and that Congress acted within its authority under the commerce clause in criminalizing the wholly intrastate cultivation, possession and distribution of medical cannabis. (/Raich v Gonzales/).

Whether the existing OMMA provision regarding employment violates the ADA (and the ODA) is an interesting question, however, and one left unresolved by /Washburn /and /Emerald Steel/. It is not a thing which can be fixed by rule change, however. It will take statutory change.

How to reconcile all this with the Federal Drug Free Workplace Act is where things get really sticky, however.

How is an employer who contracts with the Federal government, and whose contract requires a drug free workplace, supposed to comply with that contract provision, if, as Mike suggests, enforcement of the OMMA provision excusing the employer from accommodating onsite use violates the ADA and the ODA?

Lee Berger, Portland


"How is an employer who contracts with the Federal government, and whose contract requires a drug free workplace, supposed to comply with that contract provision, if, as Mike suggests, enforcement of the OMMA provision excusing the employer from accommodating on site use violates the ADA and the ODA?"

I think this is the best question posed on this discussion and the root of their (AOI's group) concerns. In addition to this being a thinly veiled attack on a lifestyle choice, this issue highlights the stark conflict between the federal governments views on cannabis and the reality of the drug.

Impairment is the underlying issue and is addressed in AOI's bill, I believe that once again Oregon can be on the forefront of change by shifting to an impairment based test versus archaic UA's that only provide a sense of safety.

In my meetings with legislators who were in support of AOI's bill, liability was the resounding theme-whether it's the liability of firing, or their perceived liability of MMJ patients in the work place. The resounding solution to their concerns and ours is Impairment Testing. For further information and to print out MAMA's "Choose Real Safety" go to: http://www.mamas.org/publish.html.

Now is the time to contact your representatives and tell them that we need to CHOOSE REAL SAFETY in the work place to protect everyone on the job.

Thanks for keeping an eye on this Lee,

Daniel



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Friday, February 13, 2003 at 08:19 PM:
somebody wrote:
"PS- Remember to tell our legislators that Mr. Harmon believes that OMMA is a sign of Oregon's "permissiveness", a permissiveness which must be rolled back. And further, he admits to this drive for "fire'em all!" legislation to be a "moral crusade". And lastly point out that the workplace accident rate has declined annually since the passage of OMMA. "

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