About this page
LTEs, the SB 388 related Letters to the Editor, Legislator or Other People of Interest
the NotePad, our SB 388 Bulletin Board
Legislation Station; section index
Initiative! process, How To
in Oregon State:
Legislative Items past and present
2015, Legislative items
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
- Relating to medical marijuana registration, authorizing physician; Prohibits if physician has provided for 450 or more persons.
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
- 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
- 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
- Authorizes defendant to request district attorney to approve extension of marijuana possession diversion period.
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
- 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
- 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
- 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
- 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
- Relating to extracting cannabinoids from the cannabis plant; Requires specific registration and Authority to adopt rules regulating processing of cannabinoid extracts.
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
- 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
- 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
- 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
- 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.
2014, Legislative items
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, Legalization - Declares that person 21 years of age or older legally should be able to possess, transfer or produce marijuana.
2013, Legislative items
Senate Bill 82, to Remove 6-month Drivers License suspension for Cannabis (Marijuana) possession
Senate Bill 281, to add PTSD to the OMMP
2012, Legislative items
Legislative Concept 1749, to add PTSD to the OMMP
Attorney General Race, the Good and the Bad
Initiative 9 -- Oregon Cannabis Tax Act (OCTA)
Initiative 24 -- Oregon Marijuana Policy Intiative (OMPI)
2011, Legislative items
HB 3664, the "Sum Of All Fears" bill
SB 5529, Increases OMMP Fees
2010, Legislative items
I-28, the Dispensary Initiative continues
2009, Legislative items
I-28, the Dispensary Initiative
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.
SB 426, Expands ability of employer to prohibit use of medical marijuana in workplace
SB 427, Relates to drug-free workplace policies; Requires applicant for medical marijuana registry identification card to notify employer before using marijuana, etc.
HB 2313, a Land Use bill that could effect Dispensarys
HB 2497, Relating to employment; Expands ability of employer to prohibit use of medical marijuana in workplace
HB 2503, Relating to medical marijuana in the workplace; Prohibits discrimination in employment under certain circumstances, etc.
2007, Legislative items
SB465, a Fire-em-All-and-let-God-sort-out bill
2005, Legislative items
SB1085, needs your attention
HB2693, the "dumb bill gone bad" bill
HB3457, the "Forfeiture" bill
SB717, the anti-Medical Marijuana bill
SB772, the pro-Medical Marijuana bill
HB2485, the anti-Meth & Marijuana bill
SB294, the Hemp bill
SB397, Denies Benefits
HB2695, DUI & 2nd-Hand Smoke
HB5077, the "Rob the Sick and Dying Pot-heads" bill
2003, Legislative items
HB2939, a previous bad Medical Marijuana bill
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MERCYs S.B. 388 page
[ Also this Session >
I-28 |
S.B.388 |
S.B.426 |
S.B.427 |
H.B.2313 |
H.B.2497 |
H.B.2503 |
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About this page ...
MERCYs' public info on Senate Bill 388 as well as any related Issues.
Got a related item? You, too, can add to the body of
knowledge. Post It!
DATE:
Wednesday - March 4
Public Hearing and Possible Work Session; CARRIED OVER FROM
3/2/2009.
ALERT!: Reduces Plant Count from 6 to 2, Reduces Amount Person Responsible for a Grow Site (PRMGS) may possess to 24 ounces, and more bad things. See more details below.
LOCATION: HR B
START: 8:00 AM
The Monday hearing was packed, Lots of groups there, all on message. Stormy Ray and her law enforcement friends are trying to make the program more comilicated and weaker. Mostly they were whining about how they don't like the law.
You can listen to it here: http://www.leg.state.or.us/listn/
We hope everyone can attend this important hearing and help the committee understand the problems patients will be facing if the bill passes out in its current, damaging form.
We are disappointed that the legislators are again placed in position where they are faced with a bill which is so flawed in what it presents and so absolutely lacking in what it needs, conditions which would not exist if the bill had been the work of more than one narrow, narrow segment of the OMMP registrants and the program's certified enemies. If the contents of the bill had been vetted by the entire mmj community it would be a more solid useful piece of legislation rather than the unthought out collection of bad ideas that it is. PLEASE make sure this bill is either killed or fixed.
SUMMARY:
SR's bill, SB 388 has been introduced by Sen. Morrisette
and it contains all of the badly thought out ideas from her "summit meetings".
We suggest that the clearly evident weaknesses and problems with this bill be politely pointed out by those who do not wish to see the patients and our program burdened by this collection of unecessary provisions.
> Permits medical marijuana cardholders to possess certain amounts of hashish and food and tincture that incorporate marijuana or hashish.
> Changes amounts of marijuana that medical marijuana cardholder and primary caregiver may collectively possess.
> Decreases amount of marijuana that may be possessed by persons responsible for marijuana grow sites to 24 ounces.
> Creates exception to allow persons responsible for marijuana grow sites to store medical marijuana cardholder's marijuana if cardholder cannot store marijuana at cardholder's residence.
> Increases allowable size of marijuana seedlings.
> Directs Department of Human Services to prepare manual describing rights and obligations of medical marijuana cardholders, primary caregivers, and persons responsible for marijuana grow sites, and requires those persons to state in applications for registry identification cards that they have read manual.
> Directs department to establish investigation and dispute resolution procedures for certain disputes.
STATUS:
01/28 (S) Introduction and first reading. Referred to President's desk.
02/05 (S) Referred to Human Services and Rural Health Policy, then Ways and Means.
03/02 (S) Public Hearing and Possible Work Session scheduled.
03/04 (S) Public Hearing and Possible Work Session scheduled.
As with what Law Enforcement has to say generally, this
***
When we discussed this issue with LE, we were told they were not concerned with food prepared with Marijuana because food or oil is rarely a part of illegal operations.
***
is a lie.
A patient, taking cookies to an organization for redistribution was stopped by police and is being prosecuted for delivery and possession. They want him to go to jail for this.
and, frankly this
***
The idea was to remove food, cooking oil, and tinctures from our possession limits. A patient could keep the bud from a harvest and turn all of the plant bottoms and leaf into oil that would then not count against his 24-ounce limit.
A four-month supply was meant to indicate we could have a large quantity of
cooking oil and food, but that it was not unlimited.
***
speaks as well to LE's interest. If they don't care, why put a limit on it?
Which is why this question
***
Why would you oppose a patient being able to keep as much cooking oil and
food as they need?
***
is disingenuous. The answer is that an undefined 'four month supply' is not 'as much as they need'
Problems like this would have been corrected, had SRF vetted any of their proposals prior to submitting them to the legislature.
Lee Berger, Portland
Here is a link to SB 388:
http://www.leg.state.or.us/09reg/measures/sb0300.dir/sb0388.intro.html
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LTL (Letters-To-yer-Legislator)
Examples -
LTL Example #1 -
From: Laird
To: sen.floydprozanski@state.or.us ; sen.jeffkruse@state.or.us ; sen.lauriemonnesanderson@state.or.us ; sen.christelfer@state.or.us ; sen.joanneverger@state.or.us
Sent: Tuesday, February 10, 2009 8:19 AM
Subject: SB 388
Dear Human Services and Rural Health Policy Committee Member,
Please find attached my analysis of the problems with various sections of SB 388. This bill must be heavily amended if it is not to have significant negative consequences for all OMMP registrants. Thank you for your attention. I look forward to any comments or questions you may have.
Thank you.
Laird Funk
Attachment: 388-comments1.doc
|
LTL Example #2 -
Open Letter to Stormy Ray & Jerry Wade -
Shame on you for alleging that you represent the Medical Cannabis Community.
Shame on you for holding your "summit" without inviting any of the other
activist groups to attend and participate. Shame on you for your alliance
with LEO.
Shame on you for SB 388!!! I just read the text of it and am totally blown
away with what you want to change in our OMMA.
My gods, warrantless searches of a grow site? Outrageous!! Foolish for even
being suggested!
My grower has said she will quit growing for me if this bill is passed.
Through contacts with other patients, I'm learning that their growers are
saying the same thing - warrantless searches = no growing. What are you
trying to do, make us do without or go to the black market? I cannot grow
where I live. If I have no one growing for me then I am forced to use
opiates to control my chronic pain, since I cannot afford $1200 a month for
the 4 ounces a month I need to get by. I despise you for wanting to put me
into such a position.
I must actively work against this bill. There are too many LEO-type
provisions, on a subject that they are unqualified to opine upon.
I am currently working on breaking down SB388 and pointing out the
unreasonable and unrealistic provisions, since this is the first time anyone
has seen your proposal, Stormy. I'm going to do my best to shred your
proposal and have it not passed in committee. To that end I intend to lobby
Salem to the greatest degree possible. I hope I am joined by hundreds of
other OMMP patients.
Too many of your provisions will require an increase in fees to register
with the Program. Inspections, mediation, writing manuals that will never
be published (AG would not allow)...the folks at OMMP office are not
qualified to do any of those acts. That would mean new hires at, what, 50K
a year including benefits? Who's going to pay for the new positions? The
patients. It is not enough that other people want to raise our fees already
to generate a surplus that can be used elsewhere, now you want to throw
another rock on the shoulders of the patients. You should be hanging your
head in shame.
Cannabem liberemus!!
Steven C.
|
LTL Example #3 -
From: Laird
To: Bishoff Don ; sen.billmorrisette@state.or.us
Sent: Thursday, January 29, 2009 8:38 AM
Subject: Re: Stormy's legislative proposals
HI-
Well now that SB 388 exists I have a few questions and many shared concerns about it.
Bill do you actually support the provisions of this bill and think it is needed or are you doing SR a favor by having it drafted? I understand that in this legislature, nothing related to mmj will pass unless agreed to by law enforcement, which obviously 388 is, but is the converse also true, that support by LE means that 388 should pass?
I recall Don, during the 2003 session you specifically asked me why the mmj folks were not working together as the cat fight which marked that session unfolded. The answer was and still is, Stormy did not and will not participate in any work with any other group or person. Bill and others made good attempts with the intersession LAC going into 2005 and the ACMM after SB 1085 to provide forums where the ideas of the many mmj advocates and patients could be discussed and the result be a single voice for mmj advocates. However such a concept can work only if all mmj folks participate and work together.
Stormy, as I said earlier, has refused to work with any other person or group not her own and has gone off a loner and produced tha flawed language of 388. Had she discussed the proposals with her peers, it may have been able to change the weak paerts and thus gain some degree of needed support from the thousands of OMMP folks which are affected by this bill. But, she did not and thus 388 does not have any support from those affected. That Stormy is a minority voice among the thousands of OMMP folks can be seen by the fact that she has either opposed or abstained from voting on at least 95% of the ideas and concepts brought before the ACMM, being always the only one to so oppose or abstain. She openly holds her colleagues in contempt and has been known to publically denigrate them to her Law Enforcement allies and any others who will listen to her. Her comments during ACMM meetings are generally condescending to her fellow members and consist almost entirely of arguing that they are wrong, with her sidekick Jerry chiming in during public comment periods that the ACMM is "lying" about the OMMA and what it does.
Don if you think 2003 was an inappropriate and embarrasing cat fight, that will be nothing compared to what will happen if 388 is moved from committee. It should have hearing so that the majority voices may have an opportunity to share with the legislature the realites of how 388 will very negatively affect them. You should know that already I have been told by three growers that they will no longer grow for anyone but themselves or famiuly if the inspection by OMMP provisions become law. They are appalled that a visiting bureaucrat would have the right to deny them the ability to grow based upon very unclear criteria and no described process, especially since now it takes an actual conviction by a court of law to work such denial.
In closing I would suggest that with the economic problems Oregon faces, the legislature would be well advised to forego workon ANY mmj bill in order to prevent the session from being sidetracked by the cat fight which will happen should this bill go forth. Don Harmon has significantly negative things in store for OMMP and I believe that any work on OMMP issues will give a possibility for his proposals to pass. After three sessions on the mmj subject, it is probably time to give the issue a rest and work on solving the real problems Oregon faces instead of trying to tweak OMMA this way or that in order to please everyone-and end up pleasing no one.
But whatever happens, SB 388 is not supportable by me or as far as I can tell by anyone of the thousands of OMMP folks not in Stormy's "summit" group.
Sincerely, Laird
|
LTL Example #4 -
From: mthrsdva@aim.com
To: sen.billmorrisette@state.or.us; sen.jeffkruse@state.or.us;
sen.lauriemonnesanderson@state.or.us; sen.christelfer@state.or.us;
sen.joanneverger@state.or.us
Sent: Mon, 2 Mar 2009
Subject: Post Hearing Response to Testimony on SB 388
Dear Senators,
Having just watched the hearings via the internet, I now understand why
the bill got dropped.
It brought all of us out to speak.
May I address they way the legitimate cannabis patient community fits
caregivers into the equation?
I am a patient, a prmgs for 4 (including myself) and caregiver for 4
patients in addition to being caregiver for two of the patients i am
prmgs for.
I have a caregiver who helps me in the garden. One of the patients
needs his spouse to be his caregiver because she prepares his edibles
from the medicine i grow for him.
The 4 patient garden provides for all 8 of us and a little more we
donate to access to excess events for patients who need the extra help.
Not all patients have a gardensite, even though they have to claim one
to get their card.
caregivers serve multiple practical roles in the community
they help in the gardens,
they prepare edibles
they may transport the medicine from the grower to the patient
they know other patients who might have excess to help their patients
when necessary
they are also patients who grow extra to help provide for patients who
do not have gardens or who have failures.
they need the caregiver card to protect them with the excess medicine.
Many caregivers take on other care taking duties like getting patients
to meetings, appointments or unclogging the drain.
Each relationship is different.
Organizations which have staff who are patients themselves and
caregivers to a seemingly large amount of patients need the protection
for the cannabis which is available at the access to excess events that
the orgs host.
I cannot speak to individual organizations or their practices.
I understand that it is a way for orgs to have the medicine onsite
legally to give away to needy cardholders.
There is no provision in the law to allow for this.
The community is doing the best we can to work within the limits of an
imperfect law.
Regarding the percentage of out of compliance gardens that Mr. Dingman
discussed in his power point presentation.
Could we ask for more info?
Out of compliance how?
Too may 14 inch plants?
Too much leaf trimmings in the compost pile?
Too many branches over 12 inches that the prosecutor somehow got the
jury to determine are plants, not branches?
Ask Ms. Suver what I am talking about. She is the prosecutor who did
that.
If there is real abuse, of course we want it stopped.
As Mr. Berger pointed out, we put a big old dent in the black market
economy.
Licensed regulated dispensaries and producers to dispensaries could
help take a bigger bite out and put it into State coffers.
I submit it would also make law enforcements job easier.
Much of the regulation they are looking for in terms of legitimate
gardens are in the proposed initiative.
It would help sort the legitimate growers from the crooks and let the
police focus on the cartels who are poisoning our forests with their
chemical debris and slave labor and it would put money into state
programs.
If it is real abuse, let us hear more details.
Maybe we can help figure out a solution.
It is time for law enforcement to realize that it is their job to
enforce the law as written, not use it to make patients life harder.
We should be partners, not adversaries.
Thank you for listening to me,
Kristen Gustafson
|
LTL Example #5 -
Dear Senators,
Please kill 388.
I have enclosed my letter to Stormy about my concerns with the bill and
the implications for the medical cannabis community. Please note that
she pushed forward without responding.
My concern, Dear Senators, specifically Senator Morrisette, is that you
would drop this bill, knowing that it is not going to be supported by
the cannabis patient community in general.
There will be this giant two day horse and pony show in Salem and this
bill focus's on the needs of LE, not patients .
The ACMM does not support it.
Didn't you ask for that committee specifically to advise legislators?
They think this bill stinks to high heaven.
Why are they so marginalized in this process?
Can we please get law enforcement out of medicine?
Can we please take Obamas lead and regulate the distribution of medical
cannabis instead of entertaining law changing that makes life harder
for the patients and caters to law enforcement?
Obama has called off the raids in Cali.
Doesn't this tell us something?
The black market is in control of cannabis sales and the revenue
generated.
Cannabis is our biggest cash crop whether we want to admit it or not.
Seems like we could pull that revenue into the light of day and into
State coffers.
Please read my letter to Stormy.
I have attached LC3427, formerly known as I-28.
It will be dropped by The Judiciary Committee today.
This is a better use of our time and resources in my opinion.
I hope you will support it.
Thank you for taking the time to read this, the attachment and letter
to Stormy Ray.
Please kill 388 and let's look at ways to help the patients instead of
making life harder for them.
Thank you for your service and your good work.
respectfully,
Kristen Gustafson
Portland, Oregon
-----Original Message-----
From: mthrsdva@aim.com
To: sray@stormyray.org
Sent: Sat, 3 Jan 2009
Subject: RE: DPFOR: Legislative Provisions to Improve OMMA
Good Morning Stormy and everyone,
Respectfully,
Most of these changes will make life harder for most of us.
If you had come to the community first, we would have told you so and
maybe helped to come up with something which will work.
18 inches doesn't really help.
The plants need to be bigger than that before they get put into flower.
If patients have legally legitimate complaints about growers, they can
already go to law enforcement.
The OMMP is not interested in being anything but a registry, they
already tell patients to talk to LEO if they think there is a legal
problem.
Who is going to pay for the extra work for the OMMP that this proposal
proposes? Raise the fees?
We have worked so hard to keep them down.
We already have a handbook, which we spent multiple meetings over
multiple years working on.
The result is disappointing and there is much more important business
which got put to the side while we did it.
Who is going to write it?
The hash thing is just absurd. It is already covered in statute.
If leo would think for a nano second, they would realize that the
amount of cannabis it would take to make 24 oz of hash would put one so
far out of compliance there would be no salvation in a legal situation.
24 ounces in the car? Does a grower need to make 4 trips to deliver to
4 patients, 24 oz at a time?
If the plants produce more than the 24 oz that the patient is limited
to, what happens to the rest?
The patient only gets 24 oz of it
Right now, we can give it away to other patients who have not found a
grower.
My patients are generous and they understand how important the medicine
is.
We are happy to share it with others. HAPPY TO SHARE and there are so
many patients who need someone to share with them.
More patients will be without growers if this passes. Is that a good
thing?
It is hard for me to see how any of this really helps patients and it
seems to me the people it will be hardest on are the people who are
trying to help as many people as possible within the limits an
imperfect law.
It is lost on me how these proposals will make life easier for any of
us.
Please help us understand what you are thinking.
I know in your heart you want to help patients.
Maybe you just don't see how many of them are so needy.
I agree there are unscrupulous growers. They are not the majority and
you are creating rules for the few and the rules hurt the many.
How is that good for us?
Maybe dispensaries are not such a bad idea after all.
Have you read I 28?
I will attach a copy for you.
It does have inspections for growers who grow to provide for
dispensaries.
When it passes, the people who want to grow for more than 4 patients
(still subject to the current plant limit of 6/18 plants) would
register with the dept and be subject to inspections/audits and record
keeping.
Have a look, it might be better than you think.
Would you please put your energy towards solidarity in the movement and
changing federal rules so that this all becomes a moot point?
Going behind the backs of the patient community, making deals with law
enforcement which will effect all of us, without our input is just
wrong, Stormy. Plain wrong.
I hope that you will really think about this and make the right choice.
There is a discussion going on on ogf
http://www.oregongreenfree.net/forums/showthread.php?t=31768
about this.
Please go there and help us understand what you are up to.
It does not look good from here, maybe we misunderstand.
Maybe we can re craft something together which will be more workable
for the mmj community,
that is my hope.
Have you been paying attention to what Dan Harmon and AOI are up to?
That is what we ALL need to be focusing on or it will all be a moot
point.
Please stand with us and not against us, Stormy.
I do appreciate all of your effort, I wish I felt it was helpful rather
than hurtful.
If you want to talk about this, I am open to a meeting.
Thank you for listening to me,
blessed be the safety of the mmj community and our ability to take care
of ourselves and our community, all of us,
Kristen
|
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