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Bill Id: Senate Bill 531  Title: Relating to industrial hemp; creating new provisions; and amending ORS 475.005 and 561.144.  Sponsored by Senator L BEYER (at the request of Mapleton High School students)  Summary:  Permits growing of industrial hemp. Authorizes State Department of Agriculture to administer licensing and inspection program. Authorizes civil penalty not exceeding $2,500. 

Bill Id: House Bill 3227  Title: Relating to industrial hemp; creating new provisions; amending ORS 475.005, 475.992, etc.  Sponsored by Representative BARNHART; Representative V WALKER  Summary: Permits production and possession of industrial hemp and trade in industrial hemp commodities and products. Authorizes State Department of Agriculture to administer licensing and inspection program for growers and handlers of industrial hemp. Authorizes civil penalty not exceeding $2,500. 
 

Bill Id: House Bill 3812  Title: Relating to medical marijuana production facility.  Sponsored by Representative KROPF (at the request of BIOMedex)   Summary: Directs Health Division to establish state licensed and supervised medical marijuana production facility.

Bill Id: House Bill 3919  Title: Relating to medical marijuana; amending ORS 475.302, 475.306 and 475.312.  Sponsored by COMMITTEE ON JUDICIARY   Summary: Adds nurse practitioners and naturopaths to list of physicians who may recommend patient to the Health Division for purposes of obtaining medical marijuana. Allows up to three registry identification cardholders to produce medical marijuana at one site.

notes and comments concerning HB3919 and OMMA Legislative changes in general.

(a) proposal addressed the absence of a distribution protocol whereby patients could be assured an adequate supply of medicine. A proposal allowing patients to purchase medicinal marijuana from registered dispensaries (where a percentage of gross receipts would go to the Health Division to defray expenses of the program) was presented to Representative Jo Ann Bowman, She sent it on to legislative counsel, but she has declined to file it. This proposal, in some form or another, will be filed as an initiative by Voter Power, a PAC organized to pass and implement OMMA. Voter Power is interested in Law Enforcement input on the language of the initiative, and interested persons should contact them directly for a copy of legislative draft of the proposal and for suggested changes:

Voter Power
PO Box 68326
Oak Grove, OR 97268
www.voterpower.org
503/786-1905
503/786-1268(fax)
John Sajo, Director 
<johns@rosenet.net>

(a) proposal is actually a series of amendments to OMMA, many, but not all of which are incorporated into LC 4084, a copy of which is enclosed. (now HB3919) 

A proposed change (1) is to add nurse practitioners and naturopaths to the definition of 'attending physician.' The thinking on this change: it is necessary because many patients have been unable to have their physician recommend them to the program. (Those using Veterans hospital physicians are an obvious example.) The amendment adds only those health care providers licensed to distribute Schedule 2 controlled substances. (The proposal could be further expanded to include chiropractors.)

Another proposed change (2) is to remove the list of conditions and replace it with language which would allow doctors to make the determination of whether a patient would benefit from using medicinal marijuana. This change arose from problems associated with adding to the list of conditions. The Health Division supports this change in the law. This change would result in the repeal of ORS §475.334.

change (3)  expands the definition of 'use' to include eating, drinking, or through poultices or tinctures. Unfortunately, Legislative Counsel misread the request and deleted language from ORS §475.32(7) which needs to remain in the act.

The next changes (4) concern the number of plants.  A proposal is to abolish the immature/mature distinction and agree on a total of 10 plants, with one ounce per actual plant at the location where the plants are grown. 

In this regard, one problem which has arisen concerns clones. Although the legislative history from HB3052 (1998) is clear and unequivocal that clones are not counted as plants, some prosecutors and peace officers believe that clones are plants. To solve this problem, (5) define a plant as that point in time when its non-flowering vegetation exceeds one foot in height or spread above its root structure. Anything smaller would not count towards the 10 plant limit, but would count towards the one ounce per actual plant limit.

Concerning caregivers, the legislative draft is also incomplete. Specifically, it is proposed (6) adding this language to the definition of designated primary caregiver in ORS §475.302(4): 'This person is responsible for growing medicinal marijuana and/or procuring excess medicinal marijuana for the patient.'  It has also been proposed amending ORS §475.316(d)(prohibiting delivery of marijuana for consideration) by adding the language: 'except that payments from patients to designated primary caregivers for materials and expenses, including electricity, shall not constitute consideration'.

Also, proposal (7) adding this language to ORS §475.306: 'Any number of patients may designate the same person to be their designated primary caregiver, however, no caregiver can maintain more than three registered gardens at any one location.' Also on this issue, propose (8) that the confusion engendered by HB3052's restrictions on grow locations (ORS §475.316(1)(e)&(f)) be amended to allow a patient's plants to be divided between the patient's address and an address under the control of the caregiver, and to allow up to three registered medicinal marijuana gardens at a single location. The idea here is to cover diverse living arrangements including patients with some, but limited space for a garden, and those where several patients live in the same home. 

Draft should include (9) the proposal to require patients and designated primary caregivers to give 30 day written notice to the Health Division prior to terminating the patient-caregiver relationship.

To clarify that patients are allowed to possess medical marijuana in public places, and that the prohibition against use in a public place is limited to smoking, proposal (10) states that ORS §475.316 be amended by deleting 'Engages in the medicinal use of marijuana' and substituting 'Smokes marijuana.'  To end the confusion about the ability of patients to medicate at public events, it has been proposed to further amending this subsection by adding the language: 'Nothing in this subsection shall be construed to deny a patient the opportunity to use marijuana medicinally at a public place, provided however, that the use must be in a private area, out of public view. For the purpose of this section, private area means that only patients and designated primary caregivers are allowed access.

ORS §475.340(2) provides that OMMA does not require an employer to 'accommodate the medical use of marijuana in the workplace.' The intent here was to not require employers to build structures where patients would be able to medicate in private and out of public view. Some employers have seized on this language as a license to discriminate against patients. To correct this ambiguity, it is proposed that (11) this subsection be amended by adding the language: 'however nothing in this subsection shall permit employers to discriminate against registered medical marijuana patients.'

(12) Reciprocity. Although we cannot insure that patients will be able to lawfully travel outside Oregon with their medicine, we can enact a provision that would both protect out of state patients traveling in Oregon and would serve as a model to other states facing similar challenges.  A proposal is the following language:

Oregon shall give full faith and credit to any sister state designation or other documentation sufficient to show that a person is a medical marijuana patient or caregiver as defined by the sister state. Persons with such designation or documentation shall be treated in Oregon as if the person were registered with the Oregon Health Division and shall be subject Oregon's limitations and restrictions as provided in the Oregon Medical Marijuana Act, ORS §475.300, et. seq.

Also, (13) issues have arisen regarding the medicinal use of marijuana at various points in time in the criminal justice system.  The areas needing to be addressed: (a) pre-trial release, (b) DUII diversion, (c) drug diversion, (d) probation, (e) post-prison supervision and parole.  Here are some specific recommendations to ameliorate these problems:

(-1)· amend ORS §135.250 to add subsection (4) 'No release condition shall infringe on a registered patient's or designated primary caregiver's medicinal use of marijuana.'

(-2)· amend ORS §813.230 to add subsection (4) 'No diversion condition shall infringe on a registered patient's or designated primary caregiver's medicinal use of marijuana.'

(-3)· amend ORS §475.245 to add the language 'No probationary condition shall infringe on a registered patient's or designated primary caregiver's medicinal use of marijuana.'

(-4)· amend ORS §137.540(1)(b) to add 'or as permitted under the Oregon Medical Marijuana Act, ORS §475.300, et. seq.'

(-5)· amend ORS §144.102 to add subsection (7) 'No post-prison condition shall infringe on a registered patient's or designated primary caregivers medicinal use of marijuana.'

(-6)· amend ORS §144.270 to add subsection (7) 'No post-prison condition shall infringe on a registered patient's or designated primary caregivers medicinal use of marijuana.'

    Bill Id: House Bill 2390  Title: Relating to conditional discharge for possession of controlled substances; amending ORS, etc.  Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of Joint Interim Judiciary Committee for Oregon Criminal Defense Lawyers Association).  Summary: Limits situations under which consent of district attorney is needed before court can impose conditional discharge for possession of controlled substances.

  Bill Id: House Bill 2418  Title: Relating to disqualification from receipt of unemployment benefits; creating new provisions.  Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of Representative Jackie Winters for Associated Oregon Industries)  Summary: Disqualifies individual from receipt of unemployment benefits for acts involving alcohol, marijuana or unlawful drugs or violation of last chance agreement.

  Bill Id: House Bill 3802  Title: Relating to controlled substances; creating new provisions; amending ORS 137.225, etc.  Sponsored by Representatives MORRISETTE, BOWMAN; Representative LEONARD  Summary:  Requires court, under certain circumstances, to place person on probation when person is convicted of nonviolent drug possession crime. Establishes eligibility criteria and probation conditions. 

If you can't be there please send in testimony.  Please contact the Health Committee chair, and have constituents of the other Health Committee members contact their representative to 

*  encourage amending HJM 31 to recommend passage of HR 1344 and to encourage sending HJM 31, as amended, to the floor with a 'do pass' recommendation at this Thursday's Health Committee Hearing 

*  request a hearing for HB 3919 (amending Oregon Med. MJ Act) 

Click here to Contact information for the Health and Public Advocacy Committee. 

As currently written (click here for text) HJM31 urges Congress to reschedule marijuana from Schedule I of federal Controlled Substances Act. There has been an amendment suggested, which substitutes a recommendation to Congress that they not interfere with those states which exempted it's patients from state criminal prosecutions, for the previous language calling for the rescheduling of marijuana from schedule I.

Since HJM 31 was introduced, a federal bill, HR 1344, (called the "States' Rights to Medical Marijuana Act.") has been introduced by Congressman Barney Frank (D. Mass.) The legislation states:

"No provision of the Controlled Substances Act [or] ... the FederalFood, Drug, and Cosmetic Act shall prohibit or otherwise restrict --

(A) the prescription or recommendation of marijuana by a physician for medical use,

(B) an individual from obtaining and using marijuana from a prescription or recommendation of marijuana by a physician for medical use by such individual, or

(C) a pharmacy from obtaining and holding marijuana for the prescription of marijuana by a physician for medical use under applicable state law in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicableState law."

The legislation also reschedules marijuana from Schedule I to Schedule II under federal law. Co-sponsors include Oregon Congressmen Blumenauer and DeFazio.

There is a proposal that we amend HJM 31 to have the Oregon Legislature recommend to Congress that it enact HR 1344.  If you support this, please try to be at the hearing in person or send written testimony to that effect.  Click here for contact information for the Health and Public Advocacy Committee.

Sponsored by COMMITTEE ON JUDICIARY

SUMMARY:  Urges Congress to reschedule marijuana from Schedule I of federal Controlled Substances Act.

JOINT MEMORIAL:  To the Senate and House of Representatives of the United States of America, in Congress assembled:

We, your memorialists, the Seventy-first Legislative Assembly of the State of Oregon, in legislative session assembled, respectfully represent as follows:

Whereas an increasing body of scientific evidence concludes that marijuana is a safe and effective medicine, with low toxicity compared to most prescription drugs, and has been shown to be effective in the treatment of glaucoma, multiple sclerosis, epilepsy, muscle spasticity, the nausea, vomiting and appetite loss associated with chemotherapies treating cancer, certain forms of chronic severe pain and the AIDS wasting syndrome; and 

Whereas the voters of Oregon have approved the concept of marijuana as a medicine by passing the Oregon Medical Marijuana Act (Ballot Measure 67) at the November 3, 1998, general election; and 

Whereas the only way for patients to obtain medical marijuana under current Oregon law is to grow it themselves or find a caregiver who will grow it for them; and 

Whereas this system is unlikely to help many patients who need medical marijuana, such as recently diagnosed cancer patients suffering from the nausea associated with chemotherapy, who do not have time to grow a marijuana plant to maturity or find a caregiver; and 

Whereas this system is unlikely to help severely ill or handicapped patients who would benefit from medical marijuana but are physically unable to grow marijuana or find a caregiver; and 

Whereas this system will not help patients who are hospitalized and whose physicians recommend medical marijuana to mitigate their symptoms; and 

Whereas patients should have the option of obtaining medical marijuana at a pharmacy in the same way that they obtain other prescription drugs; and 

Whereas doctors should be able to prescribe marijuana to patients, without fear of arrest or other penalty, for conditions that the scientific evidence shows will be ameliorated by medical marijuana; and

Whereas the reason doctors cannot safely prescribe marijuana and pharmacies cannot make marijuana available to patients is that it is misclassified as a Schedule I controlled substance under the Controlled Substances Act, which falsely holds that medical marijuana is extremely dangerous and has no medical utility, findings that are contradicted by scientific evidence; and 

Whereas the experience of thousands of patients around the country, as expressed in numerous affidavits and testimony at public hearings, indicates that medical marijuana does indeed mitigate their symptoms; and

Whereas in 1988, Francis Young, an administrative law judge for the Drug Enforcement Administration, ruled based on extensive evidence that marijuana should be reclassified; and 

Whereas the Drug Enforcement Administration ignored this ruling; and

Whereas Barry McCaffrey, the Director of the Office of National Drug Control Policy, threatened doctors with losing their ability to prescribe controlled substances if they expressed their validly held medical judgment that marijuana might help relieve patients' symptoms based on the best scientific research available; and

Whereas the misclassification of marijuana as a Schedule I controlled substance inhibits research that will further clarify the extent of marijuana's medical utility and methods of using it most safely; and

Whereas the people of every jurisdiction that have voted on this issue, namely Alaska, Washington, California, Nevada, Colorado and the District of Columbia, in addition to Oregon, have voted in favor of medical marijuana use; and Whereas properly classifying marijuana under the Controlled Substances Act will ensure a regulated supply of pure unadulterated medical grade marijuana of known potency; and

Whereas not properly classifying marijuana forces some patients to support the illegal black market in marijuana; and 

Whereas reclassifying marijuana under the Controlled Substances Act is the compassionate way to provide medical marijuana to patients who will benefit from it; now, therefore, Be It Resolved by the Legislative Assembly of the State of Oregon: 

(1) We respectfully request that the Congress of the United States reschedule marijuana from Schedule I of the Controlled Substances Act. 

(2) A copy of this memorial shall be sent to the Senate Majority Leader, the Speaker of the House of Representatives and each member of the Oregon Congressional Delegation.

While closely related to the cannabis plant, industrial hemp is a non psychoactive plant with a rich history of use for rope, paper, and birdseed, as well as being a nutritional food supplement. Hemp produces over four times as much fiber per acre as wood, so every acre of hemp allows you to leave three acres of natural forest alone. Hemp is naturally very resistant to disease and pests, with no genetic engineering required. Hemp needs no irrigation nor does it deplete the soil, making it one of the most environmentally friendly crops in existence.

It is true that industrial hemp comes from the same plant species (cannabis sativa) as marijuana. Unlike marijuana, however, industrial hemp has only minute amounts of delta-9 tetrahydrocannabinol (THC), the psychoactive ingredient that gives marijuana its euphoric and medicinal properties. In Europe and Canada, where hemp is grown legally, law enforcement has had no problem differentiating between the two plants so there is little worry that people would abuse their right to grow industrial hemp by farming marijuana.

Recently HB2390 was introduced into the Oregon legislature. It would grant district attorneys more flexibility in issuing conditional discharges for marijuana possession. 

It is important to note that this is neither a decriminalization bill, nor a legalization bill. HB2390 would simply make it easier for a D.A. to issue a conditional discharge, effectively putting a marijuana smoker on probation without facing jail time. All other penalties would still apply. 

Marijuana smokers in this country are no different from their non-using peers, except for their use of marijuana. Like most Americans, they are responsible citizens who work hard, raise families, contribute to their communities and want a safe, crime free neighborhood in which to live.

Otherwise law-abiding citizens who smoke marijuana are not part of the crime problem, and we must stop treating them like criminals. Arresting and jailing marijuana smokers serves no legitimate purpose, and it has a terribly destructive impact on the lives, careers and families of the more than 500,000 marijuana smokers arrested each year in this country. 

While it is true that most Oregonians arrested for marijuana possession do not receive long prison sentences, they often lose their jobs, face crippling legal bills, and basically have their lives ruined.  We implore you to help lessen the suffering of Oregonians arrested for marijuana and support HB2390.

*  Jonathan Thompson (of Biomedix) (calling for a morecontrolled system not patients growing their own)
*  Rep. Donna Nelson (R) an emotional recount of marijuana helping her loved one
*  Geoff Sugarman formerly director of Oregonians for Medical Rights (starts around minute 35:00)
*  John Sajo Director of Voter Power (51:00)
*  Lindsey Bradshaw ....reminded the committee medical marjuana won in a landslide
*  Sandee Burbank (1:09)
*  Leland Berger attorney (1:20)
*  Clifford Spencer (1:36)