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Joining the OMMP, the Oregon Medical Marijuana Program.
Some basic facts
The role of the Oregon Department of Human Services, Health Services is simply to administer the Oregon Medical Marijuana Act as approved by the voters of this State. The Department did not write the law and does not have any authority to change it or to disregard its provisions. The principal goal of the OMMP is to make the registration process work smoothly and efficiently for qualified patients.
- You must be an Oregon resident to be a registered patient in the Oregon Medical Marijuana Program (OMMP).
- You must have a qualifying debilitating medical condition as listed on the Attending Physician's Statement.
Debilitating Medical Condition: your physician Checks the appropriate boxes on the ATTENDING PHYSICIAN’S STATEMENT
(see form )
1. Malignant neoplasm (Cancer)
2. Glaucoma
3. Positive status for Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS)
4. Agitation due to Alzheimer’s Disease
5. A medical condition or treatment for a medical condition that produces for a specific patient
one or more of the following: (check all that apply)
a. Cachexia
b. Severe pain
c. Severe nausea
d. Seizures, including but not limited to seizures caused by epilepsy
e. Persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis
- Your physician must be a Medical Doctor (MD) or Doctor of Osteopathy (DO) licensed to practice medicine in Oregon. You must have an established patient/physician relationship with your "attending physician." Naturopaths, chiropractors, and nurse practitioners cannot sign the documentation.
- The OMMP cannot refer you to a physician. The OMMP does not have a physician referral list.
- You must list a grow site address on your application. You, or your designated primary caregiver, may grow your own medication. There is no place in the State of Oregon to legally purchase medical marijuana.
- The OMMP cannot find a designated primary caregiver for you. The OMMP does not keep a referral list of persons who want to be caregivers for patients. (You are not required to list a caregiver, unless you are less than 18 years old.) Your caregiver cannot be your physician.
- The OMMP cannot supply you with seeds or starter plants, or give you advice on how to grow medical marijuana.
- The application fee cannot be waived. Partial payments cannot be accepted.
Caregiver/Patient Guidelines
The Oregon Medical Marijuana Act (OMMA) allows a qualified patient to designate any person to be their caregiver for the purposes of producing or using medical marijuana. This designated caregiver is then exempted from Oregon marijuana laws just as the patient is. There are various issues that need to be considered in this relationship.
The Law
Both patient and caregiver should be familiar with the provisions of OMMA. The full text of
the law and related documents are provided by the Oregon Health Division with their applicants
packet for patients and interested parties. Either write to the OHD at P.O. Box 14450,
Portland, OR 97293-0450 -or- Call (971) 673-1226 and ask a representative to send
you this information.
If the garden is at the caregiver's residence, the caregiver can possess up to three dried ounces and the patient can possess up to one ounce at their residence. Either the patient or the caregiver can transport up to one ounce away from their residence. The garden can contain seven marijuana plants (3 mature). The garden must not be visible from a public place.
Patients who exceed the explicit limits of the state law may also be protected by an affirmative defense or choice of evils defense. There are many cases where strict compliance with the limits will cause patients to suffer because they are not using enough medicine. In such cases, patients should get a statement from their doctor stating that they require greater amounts.
All participants should be aware that federal law still prohibits marijuana possession although it is unlikely that an OMMP cardholder would be prosecuted. OMMA does not allow sale of marijuana under any circumstances.
Costs
There are costs associated with producing medical marijuana. Indoor gardens require lights, timers, fans, other equipment, and paying an electric bill. Outdoor gardens require soil, fertilizer, water, and other expenses. Costs vary greatly depending on individual circumstances and the size of the garden. OMMA does not allow the sale of marijuana under any circumstances but a patient paying the costs associated with a garden producing their medicine is not likely to be considered a sale. Patients and caregivers should agree on what, if any, contribution a patient will make towards expenses.
Medical Issues
The patient, in consultation with their physician, must ultimately be responsible for their own medical marijuana use. Caregivers can strive to provide a supply of high quality marijuana for patients to use; but they cannot take responsibility for the medical effects. Patients must inform themselves about the risks and benefits of using medical marijuana.
Supply Shortfalls
The grow-your-own system OMMA allows is much less dependable than a system allowing patients to buy medicine at a pharmacy or buyers club. It will take a caregiver 4-6 months to grow the first crop. Outdoor gardens will only produce one harvest each year. Indoor gardens can be subject to crop failures for a variety of reasons. Spider mites, over fertilizing, under fertilizing, and light cycle problems all can ruin a crop. The limit of three mature plants means there is no margin for error.
Patients and caregivers should expect periods when they will have no medicine and should discuss some contingency plans. It can be helpful to be connected to a network of other patients and caregivers who might be able to help each other by providing a safety net. OMMA does allow any cardholder to give up to an ounce of marijuana to another cardholder. Some caregivers may purchase black market marijuana for patients, although this purchase is not fully protected by OMMA.
Transportation
Patients and caregivers should agree on who will transport the marijuana to the patient's residence. It is helpful if both parties have the same expectation about how this will occur.
Disputes
Patients and their caregivers should attempt to work out any disagreements themselves. The MCRC can provide advice and information about the law, but we are not trained mediators and have no legal standing to intervene. The relationship is between two individuals.
The most common reason for problems is the caregiver being unable to supply an adequate amount of medical marijuana for the patient's needs. Patients should try to estimate their needs and agree that a caregiver will make a good faith effort to produce this much. Both parties should be aware that patients often use more medicine once they have a steady affordable supply. Planning for this may help avoid problems.
Terminating the Relationship
Either party can terminate the relationship at any time. However, termination puts the caregiver in a problematic situation because their garden ceases to be exempted from laws prohibiting marijuana. Changes in the relationship should be thoroughly considered, and, where possible, a written agreement drawn up beforehand.
To get full advantage, be fully informed. Read the text of (OMMA) the Oregon Medical Marijuana Act, and the other documentation available, to understand the legal conditions and restrictions which govern medical growing and use of cannabis in Oregon. This info was from a number of sources, mostly the OMMP website. To make sure you are acting on the latest & greatest info, check with the OMMP before relying totally on data from this or any other source. When in doubt, they are the final arbiters and judges of the rules & regulations, so you might as well check with them first.
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Contacting the OHD/OMMP:
Oregon (Dept. of Human Resources) Health Division *
Oregon Medical Marijuana Program *
800 NE Oregon Street, #21 *
Portland, OR 97232-2162
Mail: DHS/OMMP *
PO Box 14450 *
Portland, OR 97293-0450 *
Phone: 971-673-1226
Hours of Operation: 8:00 AM - 5:00 PM *
Fax: 971-673-1278 *
e-mail: OMMP.QA@state.or.us *
WEBSITE: http://oregon.gov/DHS/ph/ommp/
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