Oregon Administrative Rules
2005 Compilation
DEPARTMENT OF HUMAN SERVICES, HEALTH SERVICES
DIVISION 8
333-008-0000
The
Oregon Medical Marijuana Act was adopted by voters in the November 3, 1998
general election (Ballot Measure 67). The Act was amended by House Bill 3052,
passed during the 1999 legislative session,
and amended again by SB 1085, passed during the 2005 legislative session
(Oregon Laws 2005, Chapter 882). The
statutes governing the Oregon Medical Marijuana Program are [text
of the combined Act and House Bill 3052 is included in] ORS 475.300 – ORS
475.346. The Oregon Department of Human Services was assigned
rule-making authority necessary for the implementation and administration of
the Oregon Medical Marijuana Act.
The
Act intends:
(1) To
allow Oregonians with debilitating medical conditions who may benefit from the
medical use of marijuana to receive the benefit of their doctor’s professional
advice regarding the possible risks and benefits of medical marijuana;
(2) To
allow Oregonians suffering from debilitating medical conditions to use small
amounts of marijuana without fear of civil or criminal penalties when their
doctors advise that such use may provide a medical benefit to them; and
(3) To
make only those changes to existing Oregon laws that are necessary to protect
patients and their doctors from criminal and civil penalties, and are not
intended to change current civil and criminal laws governing the use of
marijuana for non-medical purposes.
Stat.Auth.: ORS 475.338
Stats. Implemented : ORS
475.300 – 475.346
333-008-0010
Definitions
For
the purposes of OAR 333-008-0000 through 333-008-0120, the following definitions
apply:
(1) “Act” means the Oregon Medical Marijuana
Act.
(2)
“Applicant” means a person applying for an Oregon Medical Marijuana registry
identification card on a form prescribed by the Department.
[1](3)
"Attending physician" means a Doctor of Medicine (MD) or Doctor of Osteopathy (DO), [physician who has established a
physician/patient relationship with the patient, is] licensed under ORS
chapter 677, who has primary
responsibility for the care and treatment of a person [, and who, with respect to a patient] diagnosed with a
debilitating medical condition.[:
(a) Is primarily responsible for the
care and treatment of the patient;
(b) Is primarily responsible for
providing medical specialty care and treatment of the patient as recognized by the
American Board of Medical Specialties;
(c) Has been asked to consult and treat the patient by the
patient's primary care physician who is licensed under ORS Chapter 677, a
Physician Assistant licensed under ORS Chapter 677, or a Nurse Practitioner licensed
under ORS Chapter 678; or
(d) Has reviewed a patient's medical
records at the patient's request, has conducted a thorough physical examination
of the patient, has provided or planned follow-up care, and has documented
these activities in the patient's medical record.]
[2](4) "Debilitating medical condition" means:
(a)
Cancer, glaucoma, positive status for
human immunodeficiency virus or acquired immune deficiency syndrome, agitation
due to Alzheimer's disease, or treatment for these conditions;
(b)
A medical condition or treatment for a medical condition that produces, for a
specific patient, one or more of the following:
(i)
Cachexia;
(ii)
Severe pain;
(iii)
Severe nausea;
(iv) Seizures,
including but not limited to seizures caused by epilepsy; or
(v)
Persistent muscle spasms, including
but not limited to spasms caused by multiple sclerosis; or
(c)
Any other medical condition or
treatment for a medical condition adopted by the Department by rule or approved
by the Department pursuant to a petition submitted under OAR 333-008-0090.
[3](5) "Delivery" means:
(a) The actual, constructive or attempted transfer, other than by
administering or dispensing, from one person to another of a controlled
substance, whether or not there is an agency relationship; and
(b)
The sharing of useable
marijuana, seeds, or live plants with any other registry identification
cardholder as long as the amount being transferred is within the legal limits
established in ORS 475.300 to 475.346, and the reimbursement for the cost of
supplies and utilities associated with the production of marijuana from a
patient to a designated primary caregiver or person responsible for a marijuana
grow site does not constitute delivery for consideration.
[4](6) "Department" means the Oregon
Department of Human Services.
[5](7)
"Designated primary caregiver" means an individual eighteen
years of age or older who has significant responsibility for managing the
well-being of a person who has been diagnosed with a debilitating medical condition
and who is designated as such on that person's application for a registry
identification card or in other written notification to the Department.
Designated primary caregiver" does not include the person's attending
physician. Each patient may have only one designated primary caregiver at any
given time.
(8)
“Grow site registration card” means the card issued to the patient and
displayed at the grow site.
[6](9) "Marijuana" means all parts of the
plant Cannabis family Moraceae, whether growing or not; the resin extracted
from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its resin. It does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin extracted there
from), fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination.
[7](10) "Mature plant" means [the following: A marijuana plant shall be considered mature when male
or female flower buds are readily observed on the plant by unaided visual
examination. Until this sexual differentiation has taken place, a marijuana
plant will be considered immature] a
marijuana plant that does not fall within the definition of a seedling or a
start.
[8](11)
"Medical use of marijuana" means the production, possession,
delivery, or administration of marijuana, or paraphernalia used to administer
marijuana, as necessary for the exclusive benefit of a person to mitigate the
symptoms or effects of his or her debilitating medical condition.
[(9)
"New application" means an application defined under OAR 333-008-0020
signed, dated, and submitted by:
(a)
A new applicant to qualify for an initial registry identification card;
(b)
A patient after the patient's previous application has been denied or after the
patient's registry identification card has been suspended; or
(c)
A patient after the expiration date of the patient's previously issued registry
identification card.]
[10](12)
"Oregon Health Plan (OHP)"
means the medical assistance program administered by the Department under ORS
chapter 414.
(13) “Oregon Medical Marijuana Program identity
card” means a wallet-sized card issued by the Department in addition to the
official registration card that designates a person as a patient, primary
caregiver, or person responsible for a marijuana grow site.
[11](14) "Parent
or legal guardian" means the custodial parent or legal guardian with
responsibility for health care decisions for the person under [18 years] eighteen (18) years of age.
(15) “Patient” has the same meaning as
“registry identification cardholder”.
(16) “Person
responsible for a marijuana grow site” means a person who has been selected by
a patient to produce medical marijuana for the patient, and who has been
registered by the Department for this purpose.
(17) “Primary
responsibility” for the purposes of being an attending physician means:
(a)
that the physician:
(A)
provides primary health care to the patient; or
(B)
provides medical specialty care and treatment to the patient as
recognized by the American Board of Medical Specialties; or
(C) is
a consultant who has been asked to examine and treat the patient by the
patient’s primary care physician licensed under ORS Chapter 677, the patient’s
Physician Assistant licensed under ORS Chapter 677, or the patient’s Nurse
Practitioner licensed under ORS Chapter 678; and,
(b) has reviewed a patient’s medical records at
the patient’s request and has conducted a thorough physical examination of the
patient, has provided or planned follow-up care, and has documented these
activities in the patient’s medical record.
[(12)](18) "Production"
includes the manufacture, planting, cultivation, growing or harvesting of a
controlled substance.
[(13)](19) "Registry
identification card" means a document issued by the Department that
identifies a person authorized to engage in the medical use of marijuana,
and the person's designated primary caregiver, if any.
(20) “Registry identification cardholder” means a
person who has been diagnosed by an attending physician with a debilitating
medical condition and for whom the use of medical marijuana may mitigate the symptoms or effects of the person’s debilitating
medical condition, and who has been issued a patient registry identification
card by the Department.
[(14) "Renewal
application" means an application as defined under OAR 333-008-0040, signed,
dated, and submitted by a patient within 3 months prior to the expiration date
of the patient's current registry identification card and no later than the
expiration date of that current card. Applications received after the
expiration date of the patient's current registry identification card must meet
all criteria for a "new application" under OAR 333-008-0010(9).]
(21) “Seedling
or start” means a marijuana plant that has no flowers and is less than twelve
(12) inches in height and less than twelve (12) inches in diameter. A seedling or start must meet all three (3)
criteria set forth above or it will be considered a mature plant.
[(15)](22) "Supplemental Security
Income (SSI)" means the monthly
benefit assistance program administered by the federal government for persons
who are age 65 or older, or blind, or disabled and who have limited income and
financial resources.
[(16)](23) "Usable marijuana" means the dried leaves
and flowers of the plant Cannabis family Moraceae, and any mixture or preparation
thereof, that are appropriate for medical use. "Usable marijuana"
does not include the seeds, stalks and roots of the plant.
[17](24) "Written documentation" means a statement
signed and dated by the attending physician of a person diagnosed with a
debilitating medical condition or copies of the person's relevant medical
records, maintained in accordance with standard medical record practices.
Stat.
Auth.: ORS 475.338
Stats.
Implemented: ORS 475.300 - ORS 475.346
333-008-0020
New Registration Application and Verification
(1) A person may apply for a registry
identification card on a form prescribed by the Department. In order to be
considered complete, an applicant must submit the following:
(a) An application form, signed and dated by
the applicant.
(b) Copies of legible photographic
identification from the applicant, the designated primary caregiver, and person
responsible for a marijuana grow site, as applicable. The following are
acceptable forms of identification:
(A) Oregon Driver’s License;
(B) Oregon Identification Card with photo;
(C) Voter Registration Card with photo; or
(D) If a caregiver, a military photo
identification card;
(c) Documentation, which may consist of
relevant portions of the applicant’s medical record, signed by the applicant’s
attending physician within ninety (90) days of the date of receipt by the
Department, which describes the applicant’s debilitating medical condition and
states that the use of marijuana may mitigate the symptoms or effects of the
applicant’s debilitating medical condition;
(d) A
completed “Declaration of Person Responsible for Minor” form for any person
under eighteen (18) years of age, signed and dated by the person responsible
for the minor; and
(e) An application fee in the form of cash, bank
check, or personal check. The
Department will place a ten (10) day hold on the issuance of a registry
identification card for an application accompanied by a personal check. An
applicant will be given fourteen (14) days from Department receipt of non-sufficient
funds (NSF) or stop payment notification to submit payment in the form of a
bank check or cash.
(2) Optional information may be added to
application forms at the discretion of the Department if such information
serves the best interest of the registry identification cardholder and assists
agencies in the implementation of the Act. Optional information need not be
provided by the registry identification cardholder or attending physician and
failure to provide optional information will have no bearing on the approval or
denial of a registry identification card.
(3) For applications received on or after
December 1, 2005, the fee for a new application is $100.00 (one hundred
dollars), unless an applicant can demonstrate current eligibility in the Oregon
Health Plan (OHP), or receipt of current Supplemental Security Income (SSI)
benefits, in which case the application fee is $20.00 (twenty dollars).
(a) To qualify for a reduced fee on the basis
of current eligibility in the OHP, an applicant must provide a copy of the
applicant’s current eligibility statement.
(b) To qualify for a reduced fee on the basis
of receipt of current SSI benefits, an applicant must provide a copy of a
current monthly SSI benefit card, showing dates of coverage.
(4) The Department will verify information on
each application and accompanying documentation, including:
(a) Contacting each applicant by telephone or
by mail. If proof of identity is uncertain the Department may require a
face-to-face meeting and may require the production of additional
identification materials;
(b) Contacting a minor’s parent or legal
guardian;
(c) Contacting the Oregon Board of Medical
Examiners to verify that an attending physician is licensed to practice in the
state and is in good standing;
(d) Contacting the attending physician to
request further documentation to support a finding that the physician is the
applicant’s attending physician. The Department will notify the applicant of
the intent to review the medical records and request the applicant’s
authorization to conduct the review. Failure to authorize a review of medical
records may result in the application being declared incomplete, or denial of
an application;
(e) Contacting the OHP or Social Security
Administration (SSA) to verify eligibility for benefits; and
(f) Running a criminal background check to
determine whether an applicant, a designated primary caregiver, or a person
responsible for a marijuana grow site has been convicted of a violation
described in Oregon Laws 2005, Chapter 882, Section 8(6).
(5) The Department will notify an applicant who
submits a reduced fee for which the patient is not eligible and will give the
patient fourteen (14) days from the date of notice to pay the correct fee,
submit a current, valid eligibility determination statement for the OHP, or to
submit a copy of a receipt for current SSI monthly benefit, as applicable. The
Department will not suspend processing of the applicant’s application pending
receipt of an eligibility statement. The Department will not grant an
application fee refund for any eligibility determination made on or after the
date of issuance of the applicant’s registry identification card.
(6) If an applicant does not provide all the
information required and the application is considered incomplete, the
Department shall notify the applicant of the information that is missing, and
shall give the applicant fourteen (14) days to submit the missing
information.
(7) If the Department is unable to verify that the applicant’s attending
physician meets the definition under OAR 333-008-0010(1) the applicant will be allowed thirty (30) days to submit written documentation and/or a new attending
physician's declaration from a physician meeting the requirements of these
rules. Failure to submit the required
attending physician documentation is grounds for denial under ORS 475.309 and
OAR 333-008-0030.
(8) If an applicant does not provide the
information necessary to declare an application complete, or to complete the
verification process within the timelines established in subsection (6) of this
rule, the application will be returned to the applicant as incomplete, along
with the application fee. An applicant
whose application is returned as incomplete may reapply at any time.
(9) The
application forms referenced in this rule may be obtained by contacting the:
Oregon Medical Marijuana Program (OMMP) at PO Box 14450, Portland, OR
97293-0450 or calling 971-673-1226.
[(1) The Department shall create
registration application forms and issue them to requesting physicians,
applicants, or designated primary caregivers.
(2) Except as provided in subsection (4)
of this section, the Department shall issue a registry identification card to
any person who pays a new or renewal application fee as set forth in
subsections (2)(a) and (2)(b) of this section and who provides to the
Department a completed application as set forth in subsections (2)(c) and
(2)(d) of this section.
(a) For the period January 1, 2005
through December 31, 2006, the following fees will be charged: $55 (fifty-five
dollars) for a new application; $55 (fifty-five dollars) for a renewal
application; or, $20 (twenty dollars) for either a new or renewal application
by any patient who can demonstrate current eligibility in the Oregon Health
Plan or who can demonstrate being a recipient of current Supplemental Security
Income monthly benefits.
(A) Eligibility in the Oregon Health
Plan is demonstrated by providing a current, valid eligibility determination
statement from the Department's Office of Medical Assistance Programs. To
qualify for a reduced fee, a copy of the patient's current eligibility
statement must be provided at the time the patient submits an application. The
Department will verify the patient's Oregon Health Plan eligibility with the
Office of Medical Assistance Programs.
(B) Eligibility for Supplemental
Security Income is demonstrated by providing a copy of a receipt of a current
monthly benefit. To qualify for a reduced fee, a copy of a receipt of a current
Supplemental Security Income monthly benefit must be provided at the time the
patient submits an application. The Department will verify the patient's
current Supplemental Security Income receipt of monthly benefits through the
Department or with the Social Security Administration.
(b) The Department will notify any
patient who submits a reduced fee for which the patient is not eligible and
will give the patient 14 days from the date of notice to pay the correct fee or
to submit a current, valid eligibility determination statement for the Oregon
Health Plan, or to submit a copy of a receipt for current Supplemental Security
Income monthly benefit, as applicable. The Department will not suspend
processing of the patient's application pending receipt of an eligibility
statement. The Department will not grant application fee refunds for any
eligibility determination made on or after the issue date of the patient's
registry identification card.
(c) To supply a completed application,
the patient must provide to the Department either:
(A) completed copies of all patient
application, attending physician declaration, and parent/legal guardian (if
applicable) forms; or
(B) legible written statements that
include all information required on the Department's forms. A copy of the
relevant portions of the patient's medical record may serve as written
documentation from the attending physician as long as it states that the
patient has been diagnosed with a debilitating medical condition; the medical
use of marijuana may mitigate the symptoms or effects of the patient's
debilitating medical condition; and contains the physician's signature and the
date the medical record was made.
(d) In addition to the information
required in ORS 475.309(2), the patient and the designated primary caregiver
(if applicable) must provide a copy of current, legible photographic
identification (i.e., Oregon driver's license, Oregon identification card, or
Voter Registration card plus another current, legible photographic
identification). The designated primary caregiver (if applicable) must also
supply his or her address and date of birth. The patient must provide the
Department with the address of the site where marijuana will be manufactured or
produced, and indicate whether the property is under the control of the patient
or the designated primary caregiver of the patient.
(3) Optional information may be added to
application forms at the discretion of the Department if such information
serves the best interest of the patient and assists agencies in the
implementation of the Act. Optional information need not be provided by the
patient, attending physician, or designated primary caregiver, and failure to
provide optional information ill have no bearing on the approval or denial of a
registry identification card.
(4) The Department shall issue a
registry identification card to a person who is under eighteen years of age if
the person submits the materials required under subsection (2) of this section,
and one of the person's parents or legal guardians signs and has notarized a
written declaration that states:
(a) The person's attending physician has
explained to the person and to one of the person's parents or legal guardians
the possible risks and benefits of the medical use of marijuana;
(b) The parent or legal guardian
consents to the use of marijuana by the person for medical purposes;
(c) The parent or legal guardian agrees
to serve as the person's designated primary caregiver; and
(d) The parent or legal guardian agrees
to control the acquisition of marijuana and the dosage and frequency of use by
the person.
(5) The Department will verify
information on all initial registration applications or written documentation.
(a) The Department will contact each
patient and designated primary caregiver (if appropriate) by telephone or by
mail to confirm that the information provided is accurate. In cases where the
patient is less than eighteen years old, the Department will also contact the
parent or legal guardian to verify the information. In cases where proof of
identity is uncertain, the Department may require a face-to-face meeting with
the patient or designated primary caregiver and/or the production of additional
identification materials for verification purposes.
(b) The Department will verify with the
Oregon Board of Medical Examiners that the attending physician is licensed to
practice in the state and is in good standing. The Department will also contact
each attending physician to confirm that the information provided is accurate
and valid, and that the physician is an "attending physician" as
defined by 333-008-0010(1).
(6) Upon annual renewal of a
registration application, the Department will verify all new information, but
may use its discretion in determining the need to verify information that has
not changed.]
Stat.
Auth.: ORS 475.338
Stats.
Implemented: ORS 475.300 - 475.346
333-008-0025
Marijuana Grow Site Registration
(1) A
patient must register a marijuana grow site with the Department. The Department
will register only one grow site per patient, and will only register grow sites
in Oregon.
(2) To register a marijuana grow site, an applicant or patient must
submit to the Department an application, prescribed by the Department, that
includes:
(a)
The name of the person responsible for the marijuana grow site;
(b) The date of birth of the
person responsible for the marijuana grow site;
(c) The physical address of
the marijuana grow site where marijuana is to be produced;
(d) The mailing address of the
person responsible for the marijuana grow site;
(e) The
registry identification card number of the registry identification cardholder,
if known, for whom the marijuana is being produced; and
(f) Any
other information the Department deems necessary.
(3) The Department will conduct a criminal
background check on the person identified as being responsible for the grow
site.
(a) If the patient is identified as the person
responsible for the grow site and the patient was convicted on or after January
1, 2006 of violating ORS 475.992 (1)(a) or (b), the patient will be informed by
registered mail that he or she is prohibited from being the person responsible
for the grow site for a period of five years from the date of conviction, and
that the patient must identify another person responsible for the grow
site.
(b) If a designated primary caregiver or a third
party is identified as the person responsible for the grow site and that person
was convicted on or after January 1, 2006 of violating ORS 475.992 (1)(a) or
(b), the patient will be informed by registered mail that the identified person
is prohibited from being a person responsible for a grow site for a period of
five years from the date of conviction, and that the patient must identify
another person responsible for the grow site.
(c) If any person identified as the person
responsible for a grow site was convicted on or after January 1, 2006 of
multiple violations of ORS 475.992(1)(a) or (b), the patient will be informed
by registered mail that the identified person is permanently prohibited from
being a person responsible for a grow site, and the patient must identify
another person responsible for the grow site.
(4) The
Department will issue a marijuana grow site registration card to a patient who
has met the requirements of subsection (2) of this section, unless the person
responsible for a grow site is disqualified under subsection (3) of this
section.
(5) A
person responsible for a marijuana grow site must display a marijuana grow site registration card for each patient for which
marijuana is being produced, at the
marijuana grow site at all times.
(6) All
usable marijuana, plants, seedlings and seeds, associated with the production
of marijuana for a registry identification cardholder by a person responsible
for a marijuana grow site, are the property of the registry identification
cardholder and must be provided to the registry identification cardholder upon
request.
(7) All marijuana produced for a patient must be provided to the
patient or primary designated caregiver when the person responsible for a
marijuana grow site ceases producing marijuana for the patient.
(8) A person responsible for a marijuana grow site must return the
grow site registration card to the patient to whom the card was issued when
requested to do so by the patient or when the person responsible for a
marijuana grow site ceases producing marijuana for the patient.
(9) A patient or the designated primary
caregiver of the patient may reimburse the person responsible for a marijuana
grow site for the costs of supplies and utilities associated with production of
marijuana for the registry identification cardholder. No other costs associated
with the production of marijuana for the patient, including the cost of labor,
may be reimbursed.
(10) If marijuana
used by a patient is to be produced at a grow site where the patient or
designated caregiver is not present, the person responsible for the grow site
may only produce marijuana for up to four (4) patients or designated primary
caregivers per year.
(a) If a person responsible for a grow site
produces marijuana for four (4) patients or designated primary caregivers, as
permitted by law, that person may not produce marijuana for any additional
patients or designated primary caregivers until a year from the Department’s
receipt of notice by a patient that the person is no longer the person
responsible for the grow site;
(b) A patient or designated caregiver will be
considered to be “present” at a grow site if the patient or designated
caregiver has their primary residence at the grow site. For purposes of this section, a “primary
residence” is the physical location where a person lives, during any 12-month
period, more than he or she lives elsewhere during that period.
Stat.Auth.: ORS 475.338
Stats. Implemented: ORS 475.300 - 475.346
333-008-0030
(1) The Department will [The Department shall verify the information contained in an application submitted pursuant to this section and shall] approve or deny an application within thirty (30) days of receiving a [the fully completed] complete application, including payment of the designated fee.
(2) If the Department approves the application, the Department [Once the Department has verified the information in a completed application the Department] shall issue a serially numbered registry identification card to the patient within five (5) business days. The registry identification card shall include the following information [state]:
(a) The patient’s [cardholder's] name, address and date of birth (DOB);
(b) The effective
date, date of issuance and expiration date of the registry identification
card;
(c) The designated primary caregiver’s name,
[and] address, and
date of birth (DOB), if applicable [of
the person's designated primary caregiver, if any];
(d) The name,
address, and date of birth (DOB) of the person responsible for a marijuana grow
site, if applicable;
(e) The location where the marijuana is
produced; and
(f) Such other optional
information as the Department may specify.
(3) When the patient [person], to whom the Department has issued a registry
identification card, pursuant to this section, has specified a
designated primary caregiver, or a
person responsible for a marijuana grow site, the Department shall issue an
[identification] Oregon Medical Marijuana Program identity card for the designated primary
caregiver and the person responsible for
the grow site. The Department shall
also issue a grow site registration card to the patient. [The designated primary caregiver's registry
identification] All cards shall contain the information specified [provided] in subsection (2) [(a),
(b), and (d)] of this rule [section], as appropriate. [The
designated primary caregiver's registry identification card shall also
contain the patient’s name, and
address.]
(4) [In accordance with provisions of these rules, the Department has the
authority to deny a registration application and to preclude a person from
obtaining or using a registry identification card for a period of up to six
months.
(5)] The Department may deny an application if [only for the following
reasons]:
(a) The applicant did not provide the information required as provided in ORS 475.309 to establish the applicant’s debilitating medical condition and to document the applicant’s consultation with an attending physician regarding the medical use of marijuana in connection with such condition; or
(b) The Department determines that the information provided was
falsified.
[(6)](5) If [When]
the Department denies an application [determines
that an applicant does not qualify for a registry identification card],
the Department shall send the applicant a
denial letter within thirty (30) days of receipt of the complete application [or renewal application]. The time
period[s] set forth in OAR 333-008-0020 [subsection (9)(a) and (b) of this rule,] that provides an applicant an opportunity to
supplement an incomplete application [that does not meet all of the requirements of ORS 475.309, do] does
not count towards the thirty (30) [-] day deadline [time limitation] for processing an
application. The denial letter will be sent by certified, first-class mail to
the address listed on the application form. The letter will state the reason(s)
for denial and when the applicant may
reapply. [the date at which another
application may be submitted].
[(7)](6) Denial of a registry identification card shall be considered a final Department action, subject to judicial review. Only the person whose application has been denied, or, in the case of a person under the age of eighteen (18) years of age whose application has been denied, the person's parent or legal guardian shall have standing to contest the Department’s action.
[(8)] (7) Any person whose application has been denied may not reapply for six (6) months from the date of the denial, unless so authorized by the Department or a court of competent jurisdiction.
[(9)
The Department will deny and return to the applicant a copy
of the application including the application fee if either of the conditions
below applies to the application:
(a) The applicant did not
provide all required information, and following a written request by the Department for the missing information, did not adequately respond within (14) days; or
(b)]
[(c) An applicant whose
application is denied under (a) or (b) above may reapply for a registry
identification card at any time.]
333-008-0040
Annual
Renewal and Interim Changes
(1)
A patient [person who possesses
a registry identification card] shall register on an annual basis to
maintain active registration status by
submitting a renewal application prescribed by the Department.
(2) Between [30 and 45] sixty (60) to
ninety (90) calendar days prior to expiration, the Department shall mail [notification] to the patient’s address of record, a letter notifying the patient of the upcoming expiration date, along with a renewal application.
(3)
In addition to completing the renewal application, the
[The] patient must submit, prior to the expiration of the registry identification card [, the following]:
[(A)](a) Written
documentation, signed by the patient’s
attending physician, reconfirming [to
reconfirm] the patient’s [person’s] debilitating medical
condition;
[(B)](b) A
copy of the patient’s current,
valid Oregon Health Plan (OHP)
eligibility determination statement or a copy of a current monthly
Supplemental Security Income (SSI) benefit card, showing dates of coverage [receipt
of the patient’s current Supplemental Security Income monthly benefit], if applicable;
[(C)](c) The name of the patient’s [person’s]
designated primary caregiver, if a primary caregiver has been designated for
the upcoming year; [and]
(d) The name of the person responsible for the
marijuana grow site; and
[(D)] (e) Confirmation that existing application information has not changed.
[(b)] (4) If the renewal
information [application] is not
received by the expiration date on the
registry identification card, the patient’s registry identification card
and all other associated Oregon Medical
Marijuana Program cards, if any [the
designated primary caregiver’s card (if applicable)] will be deemed
expired. The expiration date may be extended, due to personal hardship, at the
discretion of the Department. If a person fails to apply for renewal
within the time period specified in this rule, that person must submit a new
application.
[(c)](5) A patient must notify the Department within thirty
(30) calendar [30 working] days
of any change in the patient’s [his or her] name, address, telephone
number, attending physician, designated primary caregiver, person
responsible for a marijuana grow site or grow site address.
[(d)](6) A
patient [person who possesses a registry identification card pursuant to this
section and] who has been diagnosed by an
[the person’s] attending physician as
no longer having a debilitating medical condition shall return the registry
identification card to the Department within seven (7) calendar
days of notification of the diagnosis. A
[Any] designated primary
caregiver and person responsible for a marijuana grow site shall return their [his/or her] Oregon Medical Marijuana Program registry [identification]
card(s) within the same period of
time.
(7) For renewal applications received on or
after December 1, 2005, the renewal fee is $100.00 (one hundred dollars),
unless an applicant can demonstrate current eligibility in the Oregon Health
Plan (OHP) or receipt of current Supplemental Security Income (SSI) benefits,
in which case the fee is $20 as set forth in OAR 333-008-0020(3).
(8) The Department will verify the renewal
application information in the same manner as specified in OAR
333-008-0020(4).
333-008-0050
Confidentiality
(1) The Department shall create and maintain
both paper and computer data files of patients,
designated caregivers, persons responsible for a grow site, and grow site
addresses [the persons to whom the Department has issued registry identification cards]. The data files will
include all information collected on the application forms or equivalent
information from other written documentation, plus a copy of Oregon Medical Marijuana Program registry [identification] card(s), effective date, date of issue, and
expiration date. Except as provided in subsection (2) of this rule [section], the names and identifying information of registry identification cardholders [persons to whom the Department has issued registry identification cards pursuant to ORS 475.309, and their designated primary caregivers,] and
the name[s] and identifying
information of a pending applicant[s] for [such] a
card[s], [and their] a designated primary caregiver[s], and a person responsible for
a grow site, and a marijuana grow site
location, shall be confidential and not subject to public
disclosure.
(2) Names and other
identifying information made confidential under subsection (1) of this rule [section] may be released to:
(a) Authorized employees of the Department as necessary to perform official duties of the Department, including the production of any reports of aggregate (i.e., non-identifying) data or statistics; [and]
(b) Authorized
employees of state or local law enforcement agencies when they provide a
specific name or address. Information will be supplied only as necessary to
verify that a person:
(A)
[i]Is or was a lawful possessor of a registry
identification card; or
(B)
That the address is or was a documented grow site; [that a person is the designated primary
caregiver of such a person, or] or
(C) [t]To supply optional information provided on the
application forms;[,] or
(D)
[a]As provided
in OAR 333-008-0060(2)[.];
(c) Other persons (such as, but not limited to, employers, lawyers,
family members, other government officials) upon receipt of a properly executed release of information signed [written request given] by the [registered] patient, the patient’s parent or legal guardian, [or]
designated primary caregiver or person responsible for a marijuana grow site. [Information
will be supplied only as necessary to verify that a person is a lawful
possessor of a registry identification card, that a person is the designated
primary caregiver of such a person, or to supply other specific information
provided, as requested in writing by the patient.] The release of
information must specify what information the Department is authorized to
release and to whom.
Stat.
Auth.: ORS 475.338
Stats.
Implemented: ORS 475.300 – 475.346
333-008-0060
Monitoring and Investigations
(1) The Department may, at any time, contact a
registry identification cardholder [patient, designated primary caregiver,]
or a patient’s attending physician
by telephone, mail or in person to verify the current accuracy of information included in [provided to] the registration system. This authority does not
extend to allowing Department staff to routinely search
the person or property of a person who possesses a registry identification card
or to search the property of an
attending physician.
(2) Notwithstanding (1) above, the Department may, when it has reason to believe a violation of ORS 475.300 to 475.346 has occurred [the conditions of registration exists],
either conduct an investigation[s] to collect evidence of a violation[s] of the Oregon Medical Marijuana Act, or arrange for this
responsibility to be assumed by the proper state or local authorities. Such violations include, but are not limited to:
(a) Failure by a [A] patient [fails] to
notify the Department of any change in the
patient's name, address, attending physician, [or] designated primary caregiver, person responsible for a marijuana grow site, or grow site location.
(b) Failure
by a [A] patient [or] designated primary caregiver, or person responsible for a marijuana
grow site [fails] to return the Oregon Medical Marijuana Program identity and official
registration [registry identification] card(s) to
the Department within seven (7) calendar days of the patient’s notification of the
diagnosis that the patient [he or she] no longer has a debilitating
medical condition.
(c) Failure
by a designated primary caregiver or person responsible for a marijuana grow
site to return the Oregon Medical
Marijuana Program identity and official registration card(s) to the Department within seven (7) calendar
days of notification by the patient that the person’s designation as primary
caregiver or person responsible for a marijuana grow site has been terminated.
[(C)] (d) Submission of false information by a [A] patient, designated primary
caregiver, person responsible for a
marijuana grow site, or attending physician
[falsifies information] during the
registration or registration renewal process.
[(D)](e) Conviction of a [A] patient, [or] designated primary
caregiver, or person responsible for a
marijuana grow site [is convicted]
of a marijuana-related offense that occurred after the date of issuance
of a registry identification card.
(3) If the Department has reason to believe that
an individual, signing an application as the attending physician, does not meet the
definition of attending physician under these rules, the Department may examine
the original patient medical record in the physician's possession or a copy
provided by the physician. The sole purpose of this examination is to determine
whether the physician meets the definition of attending physician in OAR
333-008-0010[(1)] and does not
include review of any clinical judgments such as adequacy of diagnosis or
propriety of treatment. The Department will send written notification allowing
the physician ten (10) days to provide
additional information requested by the Department, a copy of the patient’s
medical record, or the original medical record for Department review.
(4) In
determining whether to examine a patient’s medical record pursuant to
subsection (3) of this rule [section], the Department may consider, but is not limited
to, factors such as complaints from patients or family members, complaints from
health care providers, total number of applicants for whom the physician
provided documentation, and/or number of applicants for whom the physician
provided documentation during a specific time period.
(5) [In determining whether to
examine a patient’s medical record pursuant to subsection (3) the] The Department will notify the patient
of the intent to review the medical records pursuant to subsection (3) of this rule and request the patient’s [his or her] authorization to conduct the review. A patient’s
failure to authorize a review of his or her medical records for investigation
purposes may result in [an incomplete
application and the denial of the patient’s] suspension or expiration of the patient’s registry identification
card.
(6) At any time, the attending physician may notify the Department that the patient's condition no longer warrants the
use of medical marijuana. The Department shall then request that the
physician notify the patient of the contact, and the patient must return the
registry identification card.
(7) The Department shall refer criminal [and/or medical practice] complaints
against registry identification
cardholders, designated primary caregivers, or persons responsible for
marijuana grow sites; or medical practice complaints against [patients,
designated primary caregivers, or] attending physicians to the appropriate
state or local authorities.
Stat. Auth.: ORS 475.338
Stats. Implemented: ORS 475.300 – 475.346
333-008-0070
Suspensions
(1)(a) In accordance with provisions of these rules,
the Department may, in its discretion [has
the authority to] suspend a registry identification card, and [. The Department may] preclude a person from
using a registry identification card for a period of up to six months, [at the discretion of the Division.] when the Department obtains evidence that establishes a registry identification cardholder:
(A) Has committed egregious violations of the
Act, including obtaining a registry identification card by fraud;
(B) Has committed multiple and/or continuing
violations of the Act; or (C) Has been
convicted of a marijuana-related offense.
(b) The Department will send written notification of the action by certified, first-class
mail. The notice shall contain the information required under ORS 183.415.
(2)[(a)When the Department proposes to suspend a registry identification card of a patient
or a designated primary caregiver, the Department shall send a notice of proposed suspension by certified, first-class
mail to person’s address currently listed in the data file.
(b) The
notice shall contain the information required under ORS 183.415.
(c)] A
patient [person who possesses a registry identification card (patient or
designated primary caregiver)] may contest the proposed suspension of a
registry identification card by submitting a request for a hearing in writing.
The request for hearing shall be addressed to: State Public Health Officer, Public
Health, Department of Human Services, [Health
Services] 800 NE Oregon Street, Portland, Oregon 97232-2162, and
must be received within twenty-one (21) days
of receipt of notice of the proposed action.
[(3) (a) When the Department obtains evidence that establishes a person who possesses a registry
identification card has committed egregious violations of the Act, including
obtaining a registry identification card by fraud, committing multiple and/or
continuing violations, or being convicted of a marijuana-related offense, the Department may immediately deem the registration suspended. The Department will immediately attempt to notify the person who possesses a registry
identification card by telephone and will send written notification of the
action by certified, first-class mail within one working day.
(b) The notification of immediate suspension
will allow the person who possesses a registry identification card an
opportunity to immediately request a hearing on the suspension. The
hearing will be conducted as soon as practicable under the provisions of ORS
183.
(c) The hearing will be conducted as soon as practicable
and will be conducted under the provisions of ORS 183.
[(4)](3) The Department may, at its discretion, reinstate a registry
identification card without re-application. However, if the registry
identification card was obtained by fraudulent means, the Department may require the person to re-apply.
Stat. Auth.: ORS 475.338
Stats.
Implemented: ORS 475.300 – 475.346
333-008-0080
Permissible Amounts of Medical Marijuana
(1) If the marijuana used by a patient is
produced at a location where the patient or designated primary caregiver is
present, a patient or the patient’s designated primary caregiver may possess up
to six (6) mature marijuana plants and twenty-four (24) ounces of usable
marijuana. A patient and the patient’s
designated primary caregiver may possess a combined total of up to eighteen
(18) marijuana seedlings or starts.
(2) Notwithstanding subsections (1) and (2) of this rule, if a
patient has been convicted of violating ORS 475.992(1)(a) or (b), the patient
or the designated primary caregiver may possess one (1) ounce of usable
marijuana at any given time for a period of five (5) years
from the date of the conviction.
(3) If the marijuana used by a patient is produced at a marijuana
grow site, where the patient or designated primary caregiver is not present,
the person responsible for the marijuana grow site:
(a) May produce marijuana for and provide marijuana to a patient or
that person’s designated primary caregiver as authorized under ORS 475.300 to
475.346 and these rules;
(b) May possess up to six (6) mature plants and up to twenty-four
(24) ounces of usable marijuana for each patient for which marijuana is being
produced;
(c) May possess up to eighteen (18) marijuana seedlings or starts
for each patient for which marijuana is being produced;
(d) May produce marijuana for up to four (4) patients per year, but
may never grow for more than four (4) patients at any given time;
(4) Except as provided in subsections (1), (2), (3) and (4) of this
rule, a patient, the designated primary caregiver for a patient and the person
responsible for a marijuana grow site producing marijuana for the patient may
possess a combined total of up to six (6) mature
plants and twenty-four (24) ounces of usable marijuana for that registry
identification cardholder.
(5) A patient, the designated primary caregiver for a patient and/or
a person responsible for a marijuana grow site must possess the Oregon Medical
Marijuana Program identity card when using or transporting marijuana in a
location other than the residence of the cardholder.
[(1) A
person who possesses a registry identification card issued pursuant to OAR
333-008-0030 may engage in, and a designated primary caregiver of such a person
may assist in, the medical use of marijuana only as justified to mitigate the
symptoms or effects of the person’s debilitating medical condition.
(2) A
patient and that patient’s a
designated primary caregiver may not individually or collectively possess more than
a total amount of one ounce of usable marijuana, if present at a location at
which marijuana is not produced, including any residence associated with that
location.
(3) A
patient and a designated primary caregiver may not individually or collectively
possess more than a total of three mature marijuana plants, four immature
marijuana plants, and one ounce of usable marijuana per each mature plant, if
present at a location at which marijuana is produced, including any residence
associated with that location.
(4) If any individuals described in subsection
(1) above possess, deliver, or produce marijuana in excess of the
amounts allowed in subsections (2) and (3) of this section, such
individuals are not excepted from the criminal laws of the state but may
establish an affirmative defense to such charges, by a preponderance of the
evidence, that the greater amount is medically necessary as determined
by the person’s attending physician to mitigate the symptoms or effects of the
person’s debilitating medical condition.]
Stat.
Auth.: ORS 475.338
Stats.
Implemented: ORS 475.300 – 475.346
333-008-0090
Addition of Qualifying Diseases or Medical Conditions
(1) The Department shall accept a written petition from any person
requesting that a particular disease or condition be included among the
diseases and conditions that qualify as debilitating medical conditions under
section 333-008-0010[(2)] of these
rules and be added to the list.
(2) The Department shall, within fourteen (14) days of
receipt of the petition, send a letter by first-class mail requesting the
petitioner to provide, if possible:
(a) An explanation for why the condition should be included;
(b) Any literature supporting the addition of the condition to the
list;
(c) Letters of support from
physicians or other licensed health care professionals knowledgeable about the
condition; and,
(d) Suggestions for potential
expert panel members.
(3) The State Public Health
Officer or designee may make a final determination that a petition is frivolous
and deny the petition without further review.
(4) If the
petition is not denied under (3) above, the Department shall appoint an expert
panel of five (5) to seven (7) individuals
to review a petition. The members of the panel shall include the State Public
Health Officer or designee, other physicians licensed under ORS 677, at least
one patient, at least one patient advocate, and other professionals
knowledgeable about the condition being considered.
(a) If the petitioner so
desires, she or he shall be given the opportunity to address the panel in
person or by telephone.
(b) If the
petitioner so desires, his or her confidentiality shall be strictly maintained.
(5) The Department shall submit the written petition to the expert
panel, which shall make recommendations to the Department
regarding approval or denial.
(a) The members of the panel may examine
medical research pertaining to the petitioned condition, and may gather
information (in person or in writing) from other parties knowledgeable about
the condition being considered.
(b) The
panel members will submit individual recommendations to the State Public Health
Officer, and the meetings of the panel will not be considered to be public
hearings.
(6) The Department will make a final determination on a petition
within one hundred eighty (180) days of receipt of the petition.
(7) Denial
of a petition shall be considered a final Department action subject to judicial
review.
(8)
In
cases where the condition in a person’s petition is the same as, or is, as
determined by the Department’s State Public Health
Officer, substantially equivalent to a condition that has already been denied
in a previous determination, the Department may similarly deny the new
petition unless new scientific research supporting the request is
brought forward.
Stat.Auth.: ORS 475.338
Stats. Implemented:
ORS 475.300 – 475.346
333-008-0110
Advisory Committee on
Medical Marijuana
(1) The Advisory Committee
on Medical Marijuana (ACMM) shall advise the director of the Department on the
administrative aspects of the Oregon Medical Marijuana Program, review current
and proposed administrative rules of the program, and provide annual input on
the fee structure of the program.
(2) The Department will
provide staff support to the ACCM by assisting with the scheduling of meetings,
recording of minutes, and dissemination of meeting-related materials.
(3) The ACMM will adopt a Charter and By-Laws
that details:
(a) How meetings will be conducted;
(b) The election of presiding officers; and
(c) The scheduling of at least four (4) public
meetings per year.
Stat. Auth.: ORS 475.338
Stats. Implemented: ORS 475.300 - 475.346
333-008-0120
System to Allow Verification of Data at All Times
(1) The OMMP
will establish an interactive method to allow authorized employees of state and
local law enforcement agencies to use the Oregon State Police Law Enforcement
Data System (LEDS) to query an OMMP data file in order to verify at any time
whether a particular patient, designated primary caregiver, person responsible
for a marijuana grow site, or grow site location is registered with OMMP.
(2) LEDS
access will only allow a yes or no answer to the query and the information
obtained may not be used for any other purpose other than verification.
(3) The OMMP
may allow the release of reports related to verification if it is without
identifying data.
(4) The OMMP
will have staff available by phone to verify law enforcement agency employee
questions during regular business hours in case the electronic verification
system is down, and in the event the system is expected to be down for more
than two (2) business days, the OMMP will ensure program staff are available by
phone for verification purposes 11:00 AM to 11:00 PM every day.
Stat. Auth.: ORS 475.338
Stats. Implemented: ORS 475.300 – 475.346