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An Act
Be it Enacted
by the People of the State of Oregon:
This Act shall
be known as:
The Oregon
Regulated Medical Marijuana Supply System
SECTION 1.
ORS 475.302 is amended to read:
475.302
Definitions for ORS 475.300 to 475.346.
As used in ORS 475.300 to 475.346:
(1)
"Attending physician" means a physician licensed under ORS
chapter 677 who has primary responsibility for the care and
treatment of a person diagnosed with a debilitating medical
condition.
(2)
"Debilitating medical condition" means:
(a)
Cancer, glaucoma, agitation due to Alzheimer's disease, positive
status for human immunodeficiency virus or acquired immune
deficiency syndrome, 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:
(A)
Cachexia;
(B)
Severe pain;
(C)
Severe nausea;
(D)
Seizures, including but not limited to seizures caused by
epilepsy; or
(E)
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 pursuant to ORS 475.334.
(3)
"Delivery" has the meaning given that term in ORS 475.005.
"Delivery" does not include transfer of marijuana by a registry
identification cardholder to another registry identification
cardholder if no consideration is paid for the transfer.
(4)
"Department" means the Department of Human Services.
(5)
"Designated primary caregiver" means an individual 18 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.
(6)
"Dispensary" means any nonprofit entity, including the
directors, employees or agents of such an entity, licensed to
possess, produce, deliver, transport, supply and dispense usable
medical marijuana and medical marijuana plants to registry
identification cardholders and to other dispensaries.
Dispensaries may also assist patients with other products and
services including equipment, supplies, and educational
materials.
(7)
"Licensed medical marijuana producer" or "producer" means a
person or an entity licensed to produce medical marijuana and
medical marijuana plants for dispensaries. A licensed medical
marijuana producer may be an individual Oregon resident and the
employees of the individual or a licensed dispensary and the
directors and employees of the dispensary.
[(6)]
(8) "Marijuana" has the meaning given that term in ORS
475.005.
[(7)]
(9) "Marijuana grow site" means a location where
marijuana is produced for use by a registry identification
cardholder and that is registered under the provisions of ORS
475.304.
[(8)]
(10) "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 the person's debilitating medical condition.
[(9)]
(11) "Production" has the meaning given that term in ORS
475.005.
[(10)]
(12) "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.
(13)
"Regulated medical marijuana supply system" or "system" means
the method authorized by rules adopted by the department for
producing and distributing medical marijuana to registry
identification cardholders and the individuals and nonprofit
entities licensed to produce and distribute medical marijuana to
registry identification cardholders.
[(11)]
(14) "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 as
allowed in ORS 475.300 to 475.346. "Usable marijuana" does not
include the seeds, stalks and roots of the plant.
[(12)]
(15) "Written documentation" means a statement signed by
the attending physician of a person diagnosed with a
debilitating medical condition or copies of the person's
relevant medical records.
SECTION 2.
Sections 3, 4 and 5 of this Act are added to and made a part of
ORS 475.300 to 475.346.
SECTION 3.
(1) The Department of Human Services shall establish a regulated
medical marijuana supply system. No general fund revenue shall
be used to establish the system. The system shall be funded
through program fees. The purpose of the system is to provide a
safe, regulated supply of medical marijuana for registry
identification cardholders and to provide revenue to help fund
the systems established under ORS 475.300 to 475.346 and other
department programs.
(2) The
provisions of this section are intended only to provide for an
adequate supply of medical marijuana for registry identification
cardholders, do not allow any selling of marijuana and are not
intended to change current civil or criminal laws governing the
use of marijuana for nonmedical purposes.
(3) The
purpose of the regulated medical marijuana supply system is to
supplement the current system which requires patients to produce
their own medicine. The system shall not infringe on a registry
identification cardholder's ability to produce the registry
identification cardholder's own medical marijuana or to
designate a person responsible for a marijuana grow site to do
so for the registry identification cardholder.
(4)(a) All
medical marijuana dispensed by the system shall be produced by
licensed producers.
(b)
Notwithstanding ORS 475.304:
(A) A
licensed dispensary may dispense medical marijuana and medical
marijuana plants to any registry identification cardholder or
person responsible for a marijuana grow site for use by the
patient. A dispensary may be reimbursed for the costs associated
with the production and dispensing of the medical marijuana.
(B) A
licensed producer may provide medical marijuana and medical
marijuana plants to licensed dispensaries and be reimbursed for
the costs associated with the production of the medical
marijuana and medical marijuana plants. A producer may transfer
for no consideration medical marijuana and medical marijuana
plants to any registry identification cardholder or person
responsible for a marijuana grow site for use by the patient.
(5) System
revenues shall be used to fund:
(a) Costs
associated with the implementation and operation of the system
established under this Act;
(b) The
registry system established under ORS 475.300 to 475.346;
(c) The
scientific research program established under section 5 of this
Act;
(d) The
program to assist low-income and needy registry identification
cardholders in obtaining medical marijuana, established under
section 4 of this Act; and
(e) Other
department programs.
(6)(a) A
person who has been convicted of a violent felony listed in ORS
137.635 or a felony theft offense listed in 164.015 shall not be
licensed as a producer or as an employee of a producer or be
licensed as a director or employee of a dispensary for five
years from the date of the conviction. Any person convicted of
a felony manufacturing or delivery violation of 475.840 (1)(a)
or (b) after the effective date of this Act, may not be licensed
as a producer or as an employee of a producer or be licensed as
a director or employee of a dispensary for five years from the
date of the conviction.
(b) The
department shall conduct a criminal records check under ORS
181.534 of any person whose name is submitted as a dispensary
director or employee or as a producer or employee of a producer
in order to comply with Section (6)(a).
(c) A
person who is less than 21 years of age may not be an employee
or director of a dispensary or be a producer or be an employee
of a producer.
(7) Any
dispensary, or any location used by a licensed producer to
produce medical marijuana is subject to reasonable inspection by
the department.
(8) All
dispensaries and producers shall submit quarterly reports on all
of their financial transactions, including transfers for no
consideration.
(9)
Dispensaries and producers shall pay to the department quarterly
fees equal to 10 percent of their gross revenue.
(10) The
department shall promulgate administrative rules necessary to
implement this Act within 6 months of the effective date of this
Act, including, but not necessarily limited to, rules governing:
(a)
Permissible locations for dispensaries; initially dispensaries
shall not be established within 1,000 feet of any school or
within residential neighborhoods;
(b)
Minimum requirements for security plans of dispensaries; and
(c)
Penalties for dispensaries if directors or employees of a
dispensary are convicted of criminal violations involving the
operation of the dispensary.
(11) The
department shall issue a dispensary license to a nonprofit
entity that submits to the department:
(a) The
name of the entity and any name used in dispensing medical
marijuana.
(b) The
address of any property used by the dispensary to possess,
produce, deliver, transport, dispense, or distribute marijuana.
(c) The
names, addresses and dates of birth of all principal officers
and board members of the dispensary.
(d) The
names, addresses and dates of birth of all dispensary employees.
(e) A
nonrefundable fee paid to the department in the amount
established by the department by rule. The initial fee for a
dispensary license is $2,000.
(f) Proof
of Oregon residency of all principal officers, board members and
employees.
(g) Any
other information the department considers necessary.
(h) A
dispensary license is valid for one year and shall be renewed
prior to the expiration of a current license.
(i) The
department shall issue a dispensary registry identification card
to each listed director and employee of a qualifying dispensary
within 30 days of issuing a license. The fee for each card
shall initially be set at $10.
(12) The
Department of Human Services shall establish by rule a medical
marijuana production site registration system to authorize
production of marijuana by a producer. The medical marijuana
production site registration system adopted must require a
producer to submit an application to the department that
includes:
(a) The
name of the producer responsible for the medical marijuana
production site and any employees of the producer.
(b) The
addresses of the property used by the producer to produce
marijuana.
(c) A
nonrefundable fee paid to the department in the amount
established by the department by rule. The initial fee for a
producer license is $1,000.
(d) Proof
of Oregon residency and age. Producers and employees of
producers must be at least 21 years of age.
(e) Any
other information the department considers necessary.
(f) A
producer license is valid for one year and shall be renewed
prior to the expiration of a current license.
(g) The
Department shall issue a producer registry identification card
to each listed producer and employee of the producer within 30
days of issuing a license who has met the requirements of this
section. The fee for each card shall initially be set at $10.
(h) The
Department shall issue a medical marijuana production site card
to each producer that has met the requirements of this section.
The medical marijuana production site card must be prominently
posted at the location of the medical marijuana production site.
(13) A
dispensary or producer may not:
(a)
Dispense to any registry identification cardholder medical
marijuana or marijuana plants in excess of the amounts allowed
under ORS 475.320; or
(b)
Possess more marijuana plants or usable medical marijuana than
allowed by department rule. These amounts shall initially be set
at the amounts that a person responsible for a marijuana grow
site for four patients may possess under the current marijuana
grow site registry system.
(14)(a) A
medical marijuana dispensary including its directors, agents and
employees of the dispensary are excepted from the criminal laws
of this state for possession, production, delivery, or
transportation of marijuana, or aiding and abetting another in
the possession, production, delivery, or transportation of
marijuana, or any other criminal offense in which possession,
production, delivery, or transportation of marijuana is an
element if the dispensary and the directors, agents and
employees of the dispensary are in substantial compliance with
this section and the applicable rules adopted by the department
for regulating medical marijuana dispensaries.
(b) The
department may suspend or revoke the license of a dispensary
that is not in substantial compliance with this section. The
department, by rule, may also establish fines and penalties for
minor violations of the provisions of this section.
(c) A
producer with a valid license is excepted from the criminal
laws of this state for possession, production, delivery, or
transportation of marijuana, or aiding and abetting another in
the possession, production, delivery, or transportation of
marijuana, or any other criminal offense in which possession,
production, delivery, or transportation of marijuana is an
element if the producer is in substantial compliance with this
section and the applicable rules adopted by the department for
regulating medical marijuana producers.
(d) The
department may suspend or revoke any producer's license that is
not in substantial compliance with this section. The
department, by rule, may also establish fines and penalties for
minor violations of the provisions of this section.
(15) A
person authorized to possess, produce, deliver or transport
marijuana for medical use pursuant to Section 3 of this Act is
not excepted from the criminal laws of this state if the person:
(a) Drives
under the influence of marijuana as provided in ORS 813.010.
(b)
Engages in the possession, production, distribution, or
transportation of marijuana in public view.
(c)
Delivers marijuana to any individual who the person knows is not
a registry identification cardholder.
(d)
Manufactures or distributes marijuana at an address not
registered with the department.
(e) Fails
to report transfer of medical marijuana authorized under this
section to the department.
(16)
Dispensaries shall be established as nonprofit entities. They
shall be subject to all applicable Oregon laws governing
nonprofit entities, but need not have received 501(c)(3) tax
exempt status from the Internal Revenue Service.
(17) List
of persons and entities licensed as dispensaries and producers
shall be protected by the same provisions protecting registry
identification cardholders, designated primary caregivers and
authorized grow sites under the disclosure rules established by
ORS 475.331.
(18)
Effect of possession of producer card or dispensary card on
search and seizure rights shall have the same effect of
possession of registry identification card or designated primary
caregiver card established under ORS 475.323
(19) A
law enforcement officer who determines that a dispensary or
producer cardholder is in possession of amounts of usable
marijuana or numbers of marijuana plants in excess of the amount
or number authorized by this Act may confiscate only any usable
marijuana or plants that are in excess of the amount or number
authorized.
SECTION 4.
(1) The Department of Human Services, with input from the
Advisory Committee on Medical Marijuana, shall develop and adopt
rules to implement a program to assist low-income and needy
registry identification cardholders in obtaining medical
marijuana. The purpose of this program is to help patients who
would not otherwise have safe access to obtain a minimum safe
supply of medical marijuana.
(2)(a) The
department shall annually review the program, submit an annual
report on the program to the Advisory Committee on Medical
Marijuana, and, with input from the Advisory Committee on
Medical Marijuana, adopt rules and procedures necessary to
improve the operation of this program.
(b) The
department shall, if necessary, establish penalties for
violations of the rules adopted under this section.
(3) No
general fund revenue shall be used for this program. This
program shall be funded by system fees.
SECTION 5.
(1) The Department of Human Services may conduct scientific
research into the efficacy and safety of medical marijuana used
by registry identification cardholders of the Oregon Medical
Marijuana Program.
(a) The
purpose of the research is to assist physicians and patients in
evaluating the risks and benefits of using medical marijuana and
to provide a scientific basis for future policies.
(b) The
department may provide grants to persons in this state to
conduct such research.
(c)
Research may include developing quality control, purity, and
labeling standards for medical marijuana dispensed through the
system.
(2) The
department shall report the results of the research required
under subsection (1) of this section to the Advisory Committee
on Medical Marijuana established under ORS 475.303.
Section 6.
Severability. If any Section or part of this Act is declared
invalid, then all the remaining Sections remain in effect.
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