[
WORD (doc) version |
Adobe (PDF) version |
Library index ]
|
Department of Human
Services Oregon Medical
Marijuana Program Advisory Committee
on Medical Marijuana Monday, January 22, 2007 Portland State Office Building 800 NE Oregon St, Ste 140 Portland, OR 97232 10:00 am
– 2:30 pm
|
|||||
|
The Oregon Medical
Marijuana Program (OMMP) Advisory Committee on Medical Marijuana (ACMM)
provides an opportunity for public to discuss administrative issues with the
OMMP management. |
|||||
|
Meeting called by |
Sandee
Burbank, ACMM Chair |
||||
|
Meeting called to
order at 10:03 am |
|||||
|
HANDOUTS: ACMM Order of
Business, December 13, 2006 Meeting Minutes, Meeting of ACMM with ORS
475.303, Mr. Sajo’s Proposed Motions |
|||||
|
Attendees: ACMM: Sandee Burbank,
Leland Berger, Laird Funk, Dr. Darryl George, Chris Iverson, Jim Klahr,
Madeline Martinez, Stormy Ray, John Sajo OMMP Management: Mellony Bernal,
Pamela Salsbury-Guertin, Dr. Grant Higginson, Jennifer Hiromura |
|||||
|
Present: Laura Bleckman,
David Booth, Lindsay Bradshaw, Ed Brown, Dan Chandler, Jim Christenson, Sarah
Duff, Kristen Gustafson, Alice Ivany, Marilyn Klahr, Geri Kulp, Anthony
Johnson, Linda Mason, Neil Larsen, Lori Link, Roger Tower, Jerry Wade, Robert
Walker, Jenifer Valley, Phil Williams, Alicia Williamson |
|||||
|
|
|||||
AGENDA TOPICS
|
|||||
Review of December 13, 2006 Meeting Minutes
|
ACMM
|
||||
|
·
It
was noted Chris Iverson’s name was missing in those present and Erin
Hildebrandt was incorrectly listed as present. ·
Mr.
Berger corrected page 4, third bullet to say “Mr. Berger motioned the
Advisory Committee recommended that the program promulgate a rule…” ·
Mr.
Berger also corrected page 6, Motions on Proposals, that he moved the
Committee to notify the Governor of the Committee’s objections to the
Department’s proposals. |
|||||
|
·
Mr.
Funk moved to accept the meeting minutes as approved with corrected
amendments to those present and the motions Mr. Berger made, Mr. Iverson
seconded and motion passed unanimously. |
|||||
|
|
|||||
UNinterrupted
Administrative Reports
|
OMMP Administration
|
||||
|
Discussion |
|||||
|
Program
Update ·
Mellony
Bernal was introduced as the Interim Program Manager for the OMMP, as well as
the reclassification of Aaron Cossel as the Program Analyst and Jennifer
Hiromura as the Office Manager. L2K
update ·
The
new database system will allow the Program to track underlying or secondary
conditions for qualifying conditions. The Program has identified the top
20-30 conditions reported. The Program will look into whether additional
secondary nonqualifying conditions
can be added to the new database. Grow
Site Numbers ·
Ms.
Bernal provided data for the grow site information. There are 3,242 grow
sites with two patients, 1,347 grow sites with three patients, 772 grow sites
with four patients, 230 grow sites with five patients, 120 grow sites with
six patients, 77 grow sites with seven patients, 40 grow sites with eight
patients, 27 grow sites with nine patients, 30 grow sites with ten patients,
0 grow sites for eleven patients, and 12 grow sites with twelve patients. Questions and
Comments: ·
In
order to distinguish patients designating a growsite but not intending to
actually grow, the Committee inquired if there was a way to modify the forms
to include a check box stating, in smaller font, ‘registering this location
as my grow site but do not intend to cultivate.’ The Program will look into
further. ·
Mr.
Berger asked about the status of the Frequently Asked Question (FAQ), “Who
can ingest medical marijuana?” and was informed by Ms. Bernal the Committee’s
recommended language was not added. ·
Mr.
Berger inquired about the process for identifying a new OMMP director and
what role the Committee would play in that process. Ms. Bernal responded that
Dr. Higginson intends to have a member of the Committee participate in the
interview process. ·
Mr.
Berger inquired about training for law enforcement on the 24/7 system. Ms.
Salsbury-Guertin responded that training is offered continually and the
Program is working on getting a notice sent out to the different agencies. In
the event that the Program has a back-log, law enforcement is encouraged to
continue to call the Program. Mr. Berger suggested the Program contact John
Minnis, Director of Department of Public Safety Standards and Training. |
|||||
|
Conclusions |
|||||
|
·
The
topic of secondary non-qualifying medical conditions will be placed on the
next meeting agenda. Additionally, the Program will share the list of secondary
or underlying conditions at the next meeting. ·
The
Program will provide single patient grow site numbers during Administrative
Reports for future meetings. ·
The
Program’s phone hours will remain at 11:00 am to 5:00 pm due to being short
staffed. ·
The
Committee requested the Program to notify law enforcement agencies about
“24/7” system to verify individual’s status in the Program; Mr. Berger
suggested the Program contact John Minnis, in which Ms. Bernal agreed to
write a letter and report back to the Committee. ·
Mr.
Berger also requested the Chair draft the letter to the Director regarding
the FAQ, as Mr. Berger does not trust Dr. Higginson to forward it. Ms.
Burbank stated the letter will be sent to Dr. Higginson and she will follow
up. |
|||||
|
Action items |
|||||
|
·
Mr.
Berger moved the Committee to recommend to the Director, Dr. Goldberg, the
FAQ response be changed to more accurately reflect current Oregon law to say
“Although not currently prohibited by Oregon law…” Mr. Funk seconded; seven
members voted in favor, one opposed. Motion passed with one abstained vote. |
|||||
|
Meeting adjourned for
break at 10:54 am |
|||||
|
Meeting called to
order at 11:05 am |
|||||
|
|
|||||
|
LEGISLATION |
ACMM |
||||
|
Discussion |
|||||
|
·
The
Committee discussed their role to the Program as written in the statute along
with Dr. Goldberg’s response and the Senate Public Heath Committee with Sen.
Morissette’s request the ACMM provide recommendation on any proposal
presented and issue minority reports. The ACMM felt they are not limited in
providing recommendations on any given subject. ·
It
was clarified the ACMM did not wish to push policy related legislation
through the Program; the Committee is responding to the request of Sen.
Morissette. ·
Mr.
Funk proposed that a subcommittee be identified to review legislation
pertaining to medical marijuana. |
|||||
|
Action items |
|||||
|
·
Mr.
Berger moved the Committee to consider all the proposals, not just those
related to administrative aspects of the Program. Mr. Iverson seconded.
Discussion occurred without a vote. ·
Mr.
Berger moved the Committee to consider John’s proposals, vote on them, and
submit the votes along with a minority report, including the votes and
minority reports from the last meeting, to Sen. Morissette, consistent with
his request, and as need be to Dr. Goldberg regarding administrative issues.
Mr. Iverson seconded the amended motion. Motion passed (6-3) with Ms.
Burbank, Ms. Martinez, and Ms. Ray opposed. |
|||||
|
|
|||||
|
PROPOSED MOTIONS FOR THE ACMM |
MR. SAJO |
||||
|
Proposal |
|||||
|
·
The
ACMM resolves any future legislation or administrative rules modifying the
Oregon Medical Marijuana Act shall in no way infringe upon a registry
identification cardholder’s ability to produce their medical marijuana or to
designate a registered cardholder to do so for them as provided under the
act. |
|||||
|
Discussion |
|||||
|
·
A
friendly amendment was accepted to state “shall not take away a registry
cardholder’s ability” instead of “in no way infringe upon a registry
identification cardholder’s”. |
|||||
|
Action items |
|||||
|
·
Mr.
Berger moved the Committee to recommend the original proposal to Sen.
Morissette and Dr. Goldberg for legislative and administrative change.
Discussion occurred with confusion on the original motion and vote. ·
Mr.
Sajo accepted the friendly amendment and Mr. Iverson seconded the motion of
“the ACMM resolves any future legislation or administrative rules modifying
the Oregon Medical Marijuana Act (OMMA) shall not take away a registry
cardholder’s ability to produce their medical marijuana or to designate a
registered cardholder to do so for them as provided under the act.” Motion passed
(8-1) with Ms. Ray opposed. |
|||||
|
Proposal |
|||||
|
·
The
second proposed motion presented by Mr. Sajo was discussed at the last
meeting, as reflected in the December 13, 2006 Meeting Minutes on page eight,
bullet point five: ·
Mr.
Berger’s proposal to delete language in ORS 475.306 subsection 2 was amended
to state, “The Department of Human Services shall define by rule when a
marijuana plants is mature and when it is immature. The rule shall provide
that a plant that has no flowers is a seedling or a start and is not a mature
plant.” |
|||||
|
Action Items |
|||||
|
·
Mr.
Berger moved the Committee the recommendation as reflected in the December
13, 2006 meeting minutes be forwarded to both Dr. Goldberg and Sen.
Morissette. Mr. Iverson seconded. Motion passed (8-1) with Ms. Ray opposed. |
|||||
|
Proposal |
|||||
|
·
The
ACMM proposes that the following language be added to amend OMMA, any person
who is a permanent resident of another state with a medical marijuana
program, and who is enrolled in that program, and presents documentation of
enrollment, shall be provided the same rights and privileges as cardholders
registered in the OMMP” or “the laws and rules of states with medical
marijuana laws shall be given full faith and credit by the state of Oregon.” |
|||||
|
Discussion |
|||||
|
·
The
Committee discussed reciprocity and medical marijuana systems set up in
Washington and California. ·
|
|||||
|
Action Items |
|||||
|
·
Mr. Funk moved
the Committee to recommend to the legislature that the laws and rules of
states with medical marijuana laws shall be given full faith and credit by
the state of Oregon; Mr. Berger seconded. After discussion, Mr. Funk wished
to withdraw his motion; however, Mr. Berger requested to vote on it. Motion
passed (5-4) with Ms. Burbank, Ms. Ray, Dr. George, and Mr. Sajo opposed. ·
Mr. Sajo moved
the Committee to adopt any person who is permanent resident of another state with a
medical marijuana program, and who is enrolled in that program, and presents
documentation of enrollment, shall be provided the same rights and privileges
as cardholders registered in the OMMP to Sen. Morissette; Mr. Iverson
seconded. Motion passed (7-1-1) with Ms. Ray opposed and one absentee (Mr.
Berger.) |
|||||
|
Proposal |
|||||
|
·
The
following language to be added to OMMA, the OMMP shall conduct research into
the efficacy and safety of medical marijuana use by OMMP registrants. The
purpose of this research shall be to assist doctors and patients in
evaluating the risks and benefits of medical marijuana. |
|||||
|
Discussion |
|||||
|
·
Mr.
Sajo stated the proposal was in response to the Program’s argument of being
limited as a registry program to conduct research or compiling information
for research purposes. ·
Mr.
Berger stated the proposal was a legislative change and should be forwarded
to Sen. Morissette not the Director. ·
Mr.
Berger opposed the motion due to his objection of sending it to Dr. Goldberg. |
|||||
|
Action Items |
|||||
·
Mr. Sajo moved the Committee to
recommend to the Program and the Legislature the following language to be
added to OMMA, the OMMP shall conduct research into the efficacy and safety
of medical marijuana use by OMMP registrants. The purpose of this research
shall be to assist doctors and patients in evaluating the risks and benefits
of medical marijuana. Mr. Iverson seconded. Motion passed (6-3) with Mr.
Berger, Ms. Martinez, and Ms. Ray opposed.
|
|||||
|
Proposal |
|||||
|
·
The
ACMM shall ask the Oregon Legislature to forward all proposed legislation
affecting medical marijuana patients or the OMMA to the ACMM in accordance
with ORS 475.303(6). |
|||||
|
Discussion |
|||||
|
·
Ms.
Martinez felt the proposal was unconstitutional and is a violation on rights.
Mr. Sajo clarified the proposal would not preclude an individual from
directly contacting legislators. ·
The
Committee discussed whether bills relating to medical marijuana could be sent
to the ACMM. Dr. Higginson stated he has not heard of a service provided by
the Legislature and the Program has individuals responsible for tracking
bills. ·
Mr.
Berger suggested the wording “the ACMM requests the Oregon legislature
forward…” |
|||||
|
Action Items |
|||||
|
·
Mr. Sajo moved the committee to recommend to the
Legislature the ACMM shall ask the Oregon Legislature to forward all proposed legislation
affecting medical marijuana patients or the OMMA to the ACMM in accordance
with ORS 475.303(6). Mr. Iverson seconded. Discussion occurred without vote. ·
Mr. Sajo accepted the friendly amendment and moved the
committee to recommend to the Legislature the ACMM shall request the Oregon
Legislature to forward all
proposed legislation affecting medical marijuana patients or the OMMA to the
ACMM in accordance with ORS 475.303(6). Mr. Berger seconded. Motion passed
(6-2-1) with Ms. Martinez and Ms. Ray opposed and one abstention from Ms.
Burbank. |
|||||
|
|
|||||
|
Administrative Update |
Dr. Higginson |
||||
|
Discussion |
|||||
|
·
Dr. Higginson outlined the four issues from SB 161: ·
SB 161 would give the program specific authority to
conduct criminal background checks; the motion to oppose this section failed
and the Program will continue with the original language. ·
SB 161 would give the program authority to deny an
application or revoke a card in compliance with a court order; the motion to
oppose this section passed. However, the Program has discussed with legal
council about this section and plans to leave the language unchanged. ·
SB 161 would require attending physician’s to affirm the
medical benefit of medical marijuana on renewal applications; the motion to
oppose this section failed. The Program plans to leave the language
unchanged, unless the Committee presents the Program with another
alternative. ·
SB 161 requires registry identification cardholders to
return identification cards within 7-days if an attending physician has
determined there is a contraindication for the use of medical marijuana. No
motion was made on this section; however the ACMM recommended a 120-day grace
period to seek a new physician. Dr. Higginson clarified it is only on the
signing attending physician and there will be a standard 30-day grace period
with an additional language allowing an extension under special
circumstances. ·
After reviewing Mr. Berger’s proposed legislation
changes, the Program will forward amendments to add new language to ORS
475.334, “any such added condition or treatment adopted by the department by
rule or approved by the department pursuant to a petition submitted pursuant
to ORS 475.334 shall be added to this section during the following
legislative session” and the definition to “delivery.” |
|||||
|
Conclusions |
|||||
|
·
The 30-day grace period could be extended if need be. ·
The Program is in the process of drafting language where,
under certain circumstances, the Program can notify a caregiver and or person
responsible for marijuana grow site of removal in the form of a confirmation
notice when it is clear the primary responsibility to notify those
individuals is the patients. ·
In regards to the FAQ, Dr. Higginson stated the
recommended language from the Committee, or directly from Mr. Berger, was
discussed with legal council and the FAQ was added to the packets and website
unchanged. |
|||||
|
Action Items |
|||||
|
·
The Program will evaluate the proposals from Mr. Sajo and
will send forward the administrative issues that are valuable to the Program.
Dr. Higginson will inform the Committee which issues the Program will
support. |
|||||
|
|
|||||
|
Proposed Motions for the ACMM |
Mr. Sajo |
||||
|
Proposal |
|||||
|
·
The
ACMM resolves that the Oregon State Police have indicated their strong support
for 475.306(2) that requires cardholders to carry their OMMP registration
card when transporting marijuana outside their residence. The ACMM concurs
and supports this bright line rule. |
|||||
|
Discussion |
|||||
|
·
The
Committee discussed the motion and circumstances where a patient may not have
their registry cards yet and for law enforcement to check “24/7”. ·
Mr.
Sajo accepted Ms. Burbank’s friendly amendment that if an individual does not
have cards on their person; law enforcement has the ability to check with the
OMMP or “24/7”. ·
Mr.
Berger urged Mr. Sajo to withdraw the motion as the current law requires an
individual to “possess” a registry identification card. Further, Mr. Funk and
Mr. Iverson advised Mr. Sajo to withdraw the motion. |
|||||
|
Action Items |
|||||
|
·
Mr.
Sajo withdrew this motion. |
|||||
|
Proposal |
|||||
|
·
The
ACMM resolves that medical marijuana should be rescheduled under the Oregon
Pharmacy Board schedule for controlled substances. The definition of a
Schedule I drug is that the drug has no accepted medical value and a high potential
for abuse. This definition doesn’t apply to marijuana as the OMMA states that
medical marijuana should be treated as medicine and over 2,300 Oregon
physicians have qualified patients for the OMMP. Oregon must reschedule
marijuana to Schedule III. |
|||||
|
Discussion |
|||||
|
·
Mr.
Berger suggested recommending this to Dr. Goldberg that he recommends to the
Pharmacy Board marijuana be rescheduled and that hearings be held. |
|||||
|
Action Items |
|||||
|
·
Mr.
Berger moved the Committee to recommend to Dr. Goldberg that he request the Board
of Pharmacy hold hearings to reschedule marijuana because it’s
inappropriately scheduled as Schedule I. Mr. Funk seconded. Motion passed
(8-0) with one abstention from Dr. George. |
|||||
|
Proposal |
|||||
|
·
The
ACMM resolves that the federal law should be amended to allow states such as
Oregon to implement their medical marijuana programs without interference
from federal law. We request that the Oregon Legislature adopt a resolution
urging the United States Congress pass the States Rights to Medical Marijuana
Act, proposed by US Representative Barney Frank and already supported by
Oregon representatives Peter DeFazio and Earl Blumenauer. |
|||||
|
Action Items |
|||||
|
·
Mr.
Sajo motioned the Committee to ask the Oregon Legislature to adopt a
resolution urging the US Congress pass the States Rights to Medical Marijuana
Act. Ms. Martinez seconded. Motion passed (8-1) with Ms. Ray opposed. |
|||||
|
Proposal |
|||||
|
·
The
ACMM resolves to adopt the following resolution to the Legislature, the ACMM
opposes changes to OMMA that would limit a person responsible for a marijuana
grow site (PRMGS) to producing marijuana for more than four patients. Many
patients are currently served by PRMGS supporting multiple patients and such
a change would deprive these patients access to medical marijuana. |
|||||
|
Discussion |
|||||
|
·
The
Committee discussed the issue that a grow site with four patients, at
twenty-four plants per patient, will have less than 100 plants at the grow
site along with federal government risks. A friendly amendment was created to
the motion. |
|||||
|
ACTION ITEMS |
|||||
|
·
Mr.
Sajo accepted the friendly amendment and motioned the Committee recommend to
the Legislature while the ACMM does not recommend a garden with over
ninety-nine plants, the ACMM opposes changes to OMMA that would limit a
person responsible for a marijuana grow site (PRMGS) to producing marijuana
for more than four patients. Many patients are currently served by PRMGS
supporting multiple patients and such a change would deprive these patients
access to medical marijuana. Mr. Iverson seconded. Motion passed (8-1) with
Ms. Ray opposed. |
|||||
|
Proposal |
|||||
|
·
The
ACMM advises the Oregon Legislature to amend ORS 475.304(7) as follows, a
registry identification cardholder or the designated primary caregiver of a
cardholder may reimburse a person responsible for a marijuana grow site for
the costs associated with the production of medical marijuana. |
|||||
|
Discussion |
|||||
|
·
The
Committee discussed the pros and cons to reimbursement for any costs to a
person responsible for a marijuana grow site. |
|||||
|
ACTION ITEMS |
|||||
|
·
Mr.
Funk moved the Committee to recommend this legislative change to the
Legislature. Mr. Iverson seconded. Motion passed (7-2) with Ms. Martinez and
Ms. Ray opposed. |
|||||
|
Proposal |
|||||
|
·
The
ACMM resolves OMMA should be amended to insure that qualified OMMP patients
have the ability to obtain their medicine through a state regulated medical
marijuana supply system. |
|||||
|
Discussion |
|||||
|
·
Ms.
Ray questioned ownership. Mr. Sajo stated the motion leaves ownership open. |
|||||
|
ACTION ITEMS |
|||||
|
·
Mr.
Funk moved the Committee to recommend to the legislature the language change
for OMMA to include a state regulated medical marijuana supply system. Mr.
Berger seconded. Motion passed (5-3-1), with Ms. Burbank, Ms. Martinez, and
Ms. Ray opposed and one abstention from Mr. Klahr. |
|||||
|
Proposal |
|||||
|
·
The
ACMM advises the Oregon Legislature to approve a state regulated marijuana
supply system. |
|||||
|
Discussion |
|||||
|
·
Mr.
Sajo accepted the friendly amendment to the proposed 475.305(8)(a), No person
who has been convicted of a Measure 11 Felony, a felony theft offense, or
violations of 475.840(1)(a) or (1)(b) after December 3, 1998 shall be issued
a producers license or shall be a director or employee of a dispensary. |
|||||
|
ACTION ITEMS |
|||||
|
·
Mr.
Berger moved the Committee to adopt this proposal to recommend to the
Legislature, Sen. Morissette as amended. Mr. Iverson seconded. Motion passed
(5-3-1), with Ms. Burbank, Ms. Martinez, and Ms. Ray opposed and one
abstention from Mr. Klahr. |
|||||
|
Action Items |
|||||
|
·
Mr.
Berger motioned the Committee to recommend to the Legislature, Sen.
Morrisette, legislative amendments the Committee passed at the December 13,
2006 meeting. Mr. Funk seconded. Motion passed (7-1-1) with Ms. Ray opposed
and one abstention from Ms. Martinez. |
|||||
|
Meeting
adjourned for break at 2:35 pm |
|||||
|
Meeting
called to order at 2:41 pm |
|||||
|
ACTION ITEMS |
|||||
Public Announcments
and Comment
|
Public-ACMM
|
||||
|
Announcements ·
Ms.
Burbank remarked that in regards to the motions and votes made, minority and
majority reports would be submitted and worked on over the internet. ·
Ms.
Martinez announced the State Medical Marijuana Garden/Dispensary Pilot
Program was submitted to Sen. Morrisette by Melody Silverwolf, Alicia Williamson, and
herself. The proposal handed out at the meeting. ·
Mr.
Berger updated the ACMM the rules are being finalizing for governing hearings
adding new conditions. He also encouraged attendance for a court case
representing the absence of reciprocity for a California patient. ·
Mr.
Sajo announced a meeting to work on dispensary language in the proposal,
particularly information pertaining to low-income patients. Comments ·
Daniel
Chandler stated he does not think that dispensaries are the answer and there
are other alternatives for the limited access to medicine. ·
Geri
Kulp agreed that access is a problem and reimbursement will be beneficial,
further stating limiting gardens to four patients will not help. Ms. Kulp
supports Voter Power’s proposals, including the dispensary proposals. The
Chair recommended Ms. Kulp to contact the ACMM in writing for additional
topics Ms. Kulp wished to voice. ·
Laurie
Blackman agreed there is very little access to medicine. ·
Jerry
Wade, with the Stormy Ray Cardholder’s Foundation, recapped the creation of
SB 1085 and cautioned the ACMM to ensure there is support to take the
proposed legislation forward. ·
Lindsay
Bradshaw stated dispensaries are the answer. He further stated he has watched
the legislature for 25 years and saw nothing accomplished. ·
Sarah
Duff agreed and stated her support for Voter Power and dispensaries. ·
Larry
Johnson, volunteer at Voter Power and NORML member, stated dispensaries
should be taken into consideration and to remember what is important to the
medical patients. ·
Ed
Brown thanked the OMMP for dedicating staff to research and expressed his
appreciation to the OMMP for considering notifying growers. He stated he has
heard both arguments for dispensaries for years and he is against
dispensaries. ·
Lori
Link stated the OMMP is the best medical marijuana program around, it is
common sense to carry registry identification card with her, and there should
be a training program for a caregiver and or grower. |
|||||
|
Meeting adjourned at
3:11 pm |
|||||
|
Minutes submitted by
Jennifer Hiromura |
|||||
[
WORD (doc) version |
Adobe (PDF) version |
Library index ]