House Bill 2900

69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session

NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .

LC 137

House Bill 2900

Sponsored by Representative EIGHMEY

SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

Allows therapeutic use of marijuana. Directs State Board of
Pharmacy to establish procedures to allow eligible persons to use
marijuana therapeutically and to cultivate marijuana for own use.
Refers Act to people at next regular general election.

A BILL FOR AN ACT

Relating to therapeutic use of marijuana; and providing that this
Act shall be referred to the people for their approval or
rejection.

Be It Enacted by the People of the State of Oregon:

SECTION 1. { + Sections 2 and 3 of this Act are added to and
made a part of ORS 475.005 to 475.285. + }

SECTION 2. { + (1) Notwithstanding any other provision of law,
a person may possess marijuana for therapeutic purposes as
provided in this section.

(2)(a) The State Board of Pharmacy shall establish a central
registry maintained by the board that contains applications
submitted under subsection (3) of this section and the biannual
reports required by subsection (5) of this section.

(b) Except to verify a certification upon written request of a
law enforcement agency, all information contained in the central
registry is a confidential communication subject to the privilege
created in ORS 40.235.

(3) A person suffering from a serious physical illness or
disease may obtain a certificate authorizing the possession of
marijuana for therapeutic purposes by submitting an application
to the board. The application must include:

(a) The person's name, age, sex, address and telephone number;

(b) The name, address, telephone number and medical specialty,
if any, of the person's attending physician;

(c) The name or description of the serious physical illness or
disease for which therapeutic use of marijuana is desired, the
length of time the illness or condition has existed, the stage of
the illness or condition, the general health of the person, any
other treatments the person has undergone and the results of
those treatments;

(d) The quantity of marijuana to be used and the method and
frequency of use; and

(e) A statement from the person's attending physician that the
person suffers from a serious physical illness or disease and
that the use of marijuana would improve the person's health or
relieve physical pain and suffering caused by the illness or
disease.

(4) No later than 30 days after receiving an application under
subsection (3) of this section, the board shall issue to the
applicant a numbered certificate authorizing the person to
possess marijuana for therapeutic purposes.

(5) A person who is authorized to possess marijuana under this
section shall:

(a) Display the certificate authorizing the possession to a law
enforcement officer upon the officer's request;

(b) Every six months for as long as the therapeutic use of
marijuana continues, submit a report to the board updating the
information contained in the application and the results of the
therapy; and

(c) Return the certificate to the board when the therapeutic
use of marijuana ceases.

(6) The board may adopt any rules necessary to carry out the
provisions of this section. The board may charge a person
applying for a certificate under this section a fee in an amount
reasonably calculated to cover the costs of issuing the
certificate and maintaining the central registry.

(7) For purposes of this section, 'serious physical illness or
disease' means a severe medical condition that causes significant
pain and suffering or impairment of a person's physical health,
as the board may further define by rule. + }

SECTION 3. { + (1) The State Board of Pharmacy, in
coordination with the Oregon State Police, shall adopt procedures
and requirements to authorize persons certified under section 2
of this 1997 Act to cultivate marijuana for personal use.
Procedures and requirements adopted pursuant to this section
shall include but not be limited to:

(a) A requirement that the Oregon State Police inspect property
on which marijuana is cultivated pursuant to authorization under
this section at the request of the board and according to
procedures established by the Oregon State Police.

(b) Establishment of a maximum amount of marijuana that a
person authorized under this section may cultivate. This amount
shall be based upon the attending physician's dosage and use
recommendation.

(c) A requirement that a person authorized under this section
to cultivate marijuana may not distribute marijuana to any other
person.

(2) The board shall make available to a person authorized under
this section to cultivate marijuana written information regarding
how to effectively and safely cultivate marijuana.
Notwithstanding this requirement, a person authorized under this
section is personally responsible for the safe and effective
cultivation of marijuana.

(3) The board may revoke an authorization under this section if
the board finds that a person intentionally violates any
provision of this section or section 2 of this 1997 Act or rules
adopted pursuant thereto or any other state law relating to the
use, possession or distribution of marijuana. + }

SECTION 4. { + The State Board of Pharmacy and the Oregon
State Police may adopt all rules necessary for the implementation
and administration of sections 2 and 3 of this Act. + }

SECTION 5. { + This Act shall be submitted to the people for
their approval or rejection at the next regular general election
held throughout this state. + }

			[End]

This URL: http://www.pdxnorml.org/OR_HB2900_1997.txt