Report On the Oregon Medical Marijuana Program

Interim Legislative Advisory Committee

August 2004

BACKGROUND

At the request of Senator Bill Morrisette, the Oregon Medical Marijuana Program (OMMP) convened an Interim Legislative Advisory Committee representing key stakeholders. Members included:

5 representatives who are advocates of the Oregon Medical Marijuana Act (OMMA);

5 representatives of the law enforcement/justice system;

1 patient representative;

1 Oregon Medical Association representative; and

2 Department of Human Services staff representing the OMMP.

Attachment A is a membership roster. A number of other people, primarily patients or OMMA advocates, also attended Committee meetings and public participation was allowed. (link to More LAC History)

SUMMARY

At the request of Senator Morrisette, OMMP staff attempted to facilitate a group of key stakeholders in an effort to identify potential consensus legislative concepts. Only one clear consensus item (all hours verification of cardholder status) was identified, and this item could be addressed administratively.

There are tremendous differences of opinion and polarization between stakeholder groups that participated in the Committee work. It appears unlikely that a consensus legislative concept could be developed at this time through voluntary participation of a large group of key players.

A draft legislative concept was produced through committee action that incorporates the one consensus concept and a number of the pending items that were still on the table when law enforcement/justice stopped their participation. This draft is acceptable to the OMMA advocate and patient representatives. This draft has not been approved or even commented upon by law enforcement/justice representatives, nor has it been processed through Department of Human Services channels for possible approval.

Submitted by: Grant Higginson, MD, MPH

COMMITTEE WORK

The Committee met 4 times over a 7 month period. The following is a brief description of meetings and interim activities:

Meeting 1. November 18, 2003. Winema Training Center, Salem.

- Charge to the Committee given.

- Committee brainstorms potential legislative concepts. (See Attachment B for a full listing of the 43 concepts, including a brief description of each.)

Interim 1.

- Committee and non-Committee participants vote on the concepts by two separate factors (level of importance and likelihood of gaining consensus).

Meeting 2. February 5, 2004. Portland State Office Building, Portland.

- Committee agrees upon which potential concepts to review based on importance and likelihood of gaining consensus. (A total of 23. See Attachment C for line listing of concepts to be reviewed.)

- Committee begins discussing and voting on specific items. Decisions made: 1 issue (3 of the potential concepts) to be included in a consensus legislative concept; 1 issue to not be included, 1 issue to be dealt with administratively; and 5 issues tabled for further discussion.

Interim 2.

- Committee members take tabled issues back to their respective agencies or organizations for further input.

- Committee members draft rationale for their positions on issues remaining to be discussed.

Meeting 3. May 21, 2004. Winema Training Center, Salem.

- Committee continues discussing and voting on specific items. Decisions made: 8 issues to not be included in a consensus legislative concept; 2 issues to be dealt with administratively; and 9 issues tabled for further discussion.

- Committee agrees to having OMMP staff develop a draft legislative concept including language for the one consensus item and possible compromise language for a number of the issues tabled for further discussion.

Interim 3.

- OMMP staff drafts “straw man” legislative concept.

- OMMP staff informed that law enforcement/justice representatives will no longer participate in Committee meetings. (See Attachment D for e-mail message.)

Meeting 4. June 28, 2004. Portland State Office Building, Portland.

- Committee members present review law enforcement/justice position.

- Committee reviews draft legislative concept and provides suggestions.

- OMMA advocate and patient representatives agree that a conceptually amended legislative concept (making only non-substantive changes to previously circulated draft) would be acceptable.

Result. Attachment E is the amended draft legislative concept. Please note that this document has not been agreed to by law enforcement/justice or OMA representatives and has not been approved by the DHS.

DRAFT

Potential Consensus Changes

OMMP Interim Legislative Advisory Committee

Changes to OREGON MEDICAL MARIJUANA ACT

475.306 Medical use of marijuana; limits on amount possessed, delivered or produced; rules.

(b) … or seven plants of any maturity level and seven ounces of usable marijuana; or twenty eight plants of any maturity level with eighty ounces of usable marijuana if grown on an annual basis only.

(c) If a patient elects to accept either the seven plants of any maturity level or the annual grow option, such option will be indicated on the patient’s and caregiver’s registration cards and noted in the registration system data base. With such election, the patient and caregiver waive the right to the affirmative defense as set for in (2) below.

(d) A patient or caregiver may elect to register a multiple-patient grow site with the program. Such a site may grow for up to seven patients with seven plants of any maturity level for each patient. If this option is elected, the patient and caregiver waive the right to an affirmative defense.

(3) … Any plant material that has no flowers and is both under twelve inches in height and twelve inches in diameter shall be considered a seedling or start rather than a plant. [1999 c.4 §7]

475.309 Registry identification card; issuance; eligibility; duties of cardholder.

475.312 Designated primary caregiver.

475.316 Limitations on cardholder’s immunity from criminal laws involving marijuana.

475.319 Affirmative defense to certain criminal laws involving marijuana available to cardholder.

475.323 Effect of possession of registry identification card or designated primary caregiver card on search and seizure rights.

475.326 Attending physician; limitation on civil liability and professional discipline.

475.328 Limits on professional licensing board’s authority to sanction licensee for medical use of marijuana.

(2) (a) A licensed health care professional may administer medical marijuana to a registered patient currently residing in a licensed health care facility if the administration of pharmaceuticals is consistent with the professional’s scope of practice. Administration may not be in a public place as defined in ORS 161.015, must not expose individuals under eighteen years old, and if inhaled, must provide for adequate ventilation.

(b) Nothing in this Section requires a licensed health care professional to administer medical marijuana.

(c) Nothing in this Section requires as licensed health care facility to make accommodations for patients to use medical marijuana. If the facility chooses to do so, all other provisions of the Act apply.