Oregon medical marijuana laws

APPLICATION Process and Requirements

(1) A person may apply for a registry identification card on a form prescribed by the Authority. In order for an application to be considered complete, an applicant must submit the following:

(A) An application form signed and dated by the applicant;

(B) Copies of legible, current, and valid U.S. government issued photographic identification that includes last name, first name, and date of birth from the applicant, the designated primary caregiver, and grower, as applicable. Acceptable forms of U.S. government issued photographic identification include but are not limited to:

(a) Driver's license;

(b) State identification card;

(c) Passport; or

(d) Military identification card;

(C) Documentation, which may consist of relevant portions of the applicant's medical record, signed by the applicant's attending physician within 90 days of the date of receipt by the Authority, 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 and notarized "Declaration of Person Responsible for Minor" form for any person under 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 Authority will place a 10-day hold on the issuance of a registry identification card for an application accompanied by a personal check. An applicant will be given 14 days from Authority receipt of non-sufficient funds (NSF) or stop payment notification to submit payment in the form of a bank check or cash.

(F) The OMMP will only accept applications that are mailed or are hand-delivered.

(G) The OMMP may reject an application if the application or supporting documents appear to be altered (i.e. writing is whited out). An application will be denied in accordance with OAR 333- 008-0030 if an application or supporting documents are determined to have been falsified.

(2) An applicant may only name, and the Authority will only register, one designated primary caregiver and one grower.

(3) The fee for a new application is $100.

(4) An applicant who can prove he or she is an Oregon resident and can demonstrate current eligibility in the OHP, receipt of current food stamp benefits through the Oregon SNAP program, or receipt of current SSI benefits, qualifies for a reduced application fee of $20.

(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.

(C) To qualify for a reduced fee on the basis of receipt of current food stamp benefits, an applicant must be current in Oregon’s Food Stamp Management Information System database system and provide current proof of his or her food stamp benefits.

(D) Proof of residency may be shown through:

(a) A current Oregon driver’s license or Oregon issued identification card; and (b) A utility bill, mortgage statement, lease payment statement or lease agreement for the previous month with the applicant’s name and an Oregon physical address.

(5) The Authority may 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 Authority 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 Authority 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.

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 grower;

(B) The date of birth of the grower;

(C) The physical address of the marijuana grow site where marijuana is to be produced;

(D) The mailing address of the grower; and

(E) The registry identification card number of the patient, if known, for whom the marijuana is being produced; and

(3) The Department shall conduct a criminal background check on the grower as authorized under ORS 475.304.

(A) A person convicted of a Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, if the offense occurred on or after January 1, 2006, may not be issued a marijuana grow site registration card or produce marijuana for a registry identification cardholder for five years from the date of conviction.

(B) A person convicted more than once of a Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, if the offenses occurred after January 1, 2006, may not be issued a marijuana grow site registration card or produce marijuana for a registry identification cardholder.

(C) The Department will notify a patient by certified mail that the grower is ineligible and the patient will be given the opportunity to identify another grower.

(4) The Department will issue a marijuana grow site registration card to a patient who has met the requirements of section (2) of this rule, unless the grower is disqualified under section (3) of this rule.

(5) A grower must display a marijuana grow site registration card for each patient for whom 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 patient by a grower, are the property of the patient and must be provided to the patient upon request.

(7) All marijuana produced for a patient must be provided to the patient or primary designated caregiver when the grower ceases producing marijuana for the patient.

(8) A grower 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 grower ceases producing marijuana for the patient.

(9) A patient or the designated primary caregiver of the patient may reimburse the grower for the costs of supplies and utilities associated with production of marijuana for patient. No other costs associated with the production of marijuana for the patient, including the cost of labor, may be reimbursed.

(10) A grower may produce marijuana for no more than four patients or designated primary caregivers concurrently.

Registration Approval and Denial

(1) The Department will approve or deny an application within 30 days of receiving a complete application, including payment of the designated fee.

(2) If the Department approves the application, the Department shall issue a serially numbered registry identification card to the patient within five business days. The registry identification card shall include, but is not limited to:

(A) The patient's name, address and date of birth;

(B) The effective date, date of issuance and expiration date of the registry identification card;

(C) The designated primary caregiver's name, address, and date of birth, if applicable;

(D) The name, address, and date of birth of the grower, if applicable; and

(E) The location where the marijuana is produced.

(3) When a patient has specified a designated primary caregiver, or a grower, the Department shall issue an OMMP registry identification card for the designated primary caregiver and the grower. The Department shall also issue a grow site registration card to the patient. All cards shall contain the information specified in section (2) of this rule, as appropriate.

(4) The Department may deny an application if:

(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;

(B) The Department determines that the information provided was falsified;

(C) The applicant has been prohibited by a court order from obtaining a registry identification card; or

(D) An applicant has willfully violated the provisions of ORS 475.300 to 475.346 or these rules.

(5) If the Department denies an application, the Department shall send the applicant a denial letter within 30 days of receipt of the complete application. The time period set forth in OAR 333-008-0020 that provides an applicant an opportunity to supplement an incomplete application does not count towards the 30-day deadline for processing an application. The denial letter will be sent by certified mail to the address listed on the application form. The letter will state the reasons for denial and when the applicant may reapply.

(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 18 whose application has been denied, the person's parent or legal guardian shall have standing to contest the Department's action.

(7) Any person whose application has been denied may not reapply for at least six months from the date of the denial, unless so authorized by the Department or a court of competent jurisdiction.

(8) The fee is $10 for a replacement registry identification card. Stat. Auth.: ORS 475.338 Stats. Implemented: ORS 475.300 - 475.346

Annual Renewal and Interim Changes

(1) A patient shall register on an annual basis to maintain active registration status by submitting a renewal application prescribed by the Authority. A renewal application shall be submitted by mail or in person at the OMMP office.

(2) Between 60 to 90 calendar days prior to expiration, the Authority shall mail 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 patient must submit, prior to the expiration of the registry identification card:

(A) Written documentation, signed by the patient's attending physician within 90 days prior to the expiration date of the patient's current card, reconfirming the patient's debilitating medical condition and that the medical use of marijuana mitigates the symptoms of the patient's debilitating medical condition; and (B) The information and fee required in OAR 333-008-0020(1) (a), (b), (d) and (e).

(4) If the renewal information is not received by the expiration date on the registry identification card, the patient's registry identification card and all other associated OMMP cards, if any, will be deemed expired. The expiration date may be extended, due to personal hardship, at the discretion of the Authority. If a person fails to apply for renewal within the time period specified in this rule, that person must submit a new application.

(5) The renewal fee is $100 and an applicant may qualify for a reduced fee of $20 if the applicant meets the criteria set forth in OAR 333-008-0020(3).

(6) The Authority will verify the renewal application information in the same manner as specified in OAR 333-008-0020(4).

(7) The OMMP may reject a renewal application if the application or supporting documents appear to be altered (i.e. writing is whited out). An application will be denied in accordance with OAR 333-008-0030 if an application or supporting documents are determined to have been falsified.

• Stat. Auth.: ORS 475.309 & 475.312 • Stats. Implemented: ORS 475.309 & 475.312

Interim Changes

(1) A patient shall notify the Authority within 30 calendar days of any change in the patient's name, address, telephone number, attending physician, designated primary caregiver, grower or grow site address.

(2) A patient shall notify the designated primary caregiver and the grower of any changes in status including, but not limited to:

(A) The assignment of another individual as the designated primary caregiver for the patient;

(B) The assignment of another individual as a grower for the patient; or

(C) The end of eligibility of the patient to hold a registry identification card.

(3) If the Authority is notified by the patient that a primary caregiver or a grower has changed, the Authority shall notify the primary caregiver or the grower by mail at the address of record confirming the change in status and informing the caregiver or grower that their card is no longer valid and must be returned to the Authority within seven calendar days.

(4) A patient who has been diagnosed by an attending physician as no longer having a debilitating medical condition or whose attending physician has determined that the medical use of marijuana is contraindicated for the patient's debilitating medical condition shall return the registry identification card and all associated OMMP cards to the Authority within 30 calendar days of notification of the diagnosis or notification of the contraindication. If, due to circumstances beyond control of the patient he or she is unable to obtain a second medical opinion about the patient's continuing eligibility to use medical marijuana before the 30-day period has expired, the Authority may grant the patient additional time to obtain a second opinion before requiring the patient to return the registry identification card and all associated cards.

(5) Change forms may only be submitted to the OMMP via mail or in person at the OMMP office.

Confidentiality

(1) The Department shall create and maintain either paper or computer data files of patients, designated caregivers, growers, and grow site addresses. The data files will include all information collected on the application forms or equivalent information from other written documentation, plus a copy of OMMP registry identification cards, effective date, date of issue, and expiration date. Except as provided in section (2) of this rule, the names and identifying information of registry identification cardholders and the name and identifying information of a pending applicant for a card, a designated primary caregiver, a grower, and a marijuana grow site location, shall be confidential and not subject to public disclosure.

(2) Names and other identifying information made confidential under section (1) of this rule 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;

(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:

(a) That a person is or was a lawful possessor of a registry identification card; or (b) That the address is or was a documented grow site, and how many people are authorized to grow at that grow site; or (c) How many people a person was or is authorized to grow for; or (d) 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 by the patient, the patient's parent or legal guardian, designated primary caregiver or grower. The release of information must specify what information the Department is authorized to release and to whom.

Monitoring and Investigations

(1) The Department may, at any time, contact a patient, designated primary caregiver, grower, or a patient's attending physician by telephone, mail or in person to verify the current accuracy of information included in 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, a grow site, or to search the property of an attending physician.

(2) Notwithstanding section (1) above, the Department may, when it has reason to believe a violation of ORS 475.300 to 475.346 has occurred, either conduct an investigation to collect evidence of a violation 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 patient to notify the Department of any change in the patient's name, address, attending physician, designated primary caregiver, grower, or grow site location.

(B) Failure by a patient, designated primary caregiver, or grower to return the OMMP identity and registry identification cards to the Department within seven calendar days of the patient's notification of the diagnosis that the patient no longer has a debilitating medical condition.

(C) Failure by a designated primary caregiver or grower to return the OMMP identity and registry identification cards to the Department within seven calendar days of notification by the patient that the person's designation as primary caregiver or grower has been terminated.

(D) Submission of false information by a patient, designated primary caregiver, grower, or attending physician during the registration or registration renewal process.

(E) Conviction of a patient, designated primary caregiver, or grower 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, including whether the physician has primary responsibility for a patient as that is defined in 333-008-0010, and will not include review of any clinical judgments such as adequacy of diagnosis or propriety of treatment.

(A) The Department will notify the patient of the intent to review the medical records pursuant to this section and request the patient's authorization to conduct the review. An applicant's or patient's failure to authorize a review of his or her medical records may result in denial of an application.

(B) The Department will send written notification allowing the physician 10-days to provide additional information requested by the Department.

(4) In determining whether to examine a patient's medical record pursuant to section (3) of this rule, 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, or number of applicants for whom the physician provided documentation during a specific time period.

(5) If the OMMP records show that any one physician is the attending physician of record for more than 450 patients at any point in time, the OMMP shall request, in writing, that the physician do one of the following:

(A) Provide information for each new patient over the 450 threshold, including: (a) Documentation that the patient's medical records have been reviewed; (b) Patient chart notes documenting the patient was examined by the physician and the date of the examination; and (c) Documentation showing provided or planned follow-up care;

(B) Provide a letter from a clinic at which the physician provides care requesting that the physician be exempted from section (5) of this rule, and provide documentation from the clinic that:

(a) It has clear systems for ensuring medical records are reviewed and that each patient is examined by a physician; (b) It provides follow-up care for patients; (c) It maintains a record system documenting the review of medical records, physician examination, and follow-up care; and (d) It will allow on-site inspections by OMMP to confirm compliance; or

(C) Provide a written statement explaining why the physician should be released from this requirement, for example, an explanation that the physician:

(a) Has a practice that includes a disproportionately high percentage of patients with qualifying conditions; (b) Serves as a consultant for other health care providers who refer patients requesting medical marijuana; or (c) Has multiple practice sites and at one of the practice sites the physician clearly meets the attending physician definition.

(6) If the OMMP receives a request from a physician to be exempted from the requirement in section (5) of this rule, the OMMP shall provide the physician a decision, in writing, explaining whether the physician is or is not exempted from the requirement in section (5) of this rule. The OMMP's written decision shall explain the basis for the OMMP's decision.

(7) The Department shall refer criminal complaints against a patient, designated primary caregiver, or grower; or medical practice complaints against an attending physician to the appropriate state or local authorities.

Permissible Amounts of Medical Marijuana

(1) A patient or the patient's designated primary caregiver may possess up to six mature marijuana plants, 24 ounces of usable marijuana, and a patient and the patient's designated primary caregiver may possess a combined total of up to 18 marijuana seedlings or starts.

(2) Notwithstanding section (1) of this rule, if a patient has been convicted, on or after January 1, 2006, of a Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, and the offense occurred on or after January 1, 2006, the patient or the patient's designated primary caregiver may possess only one ounce of usable marijuana at any given time for a period of five years from the date of the conviction.

(3) A grower:

(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 mature plants and up to 24 ounces of usable marijuana for each patient or caregiver for whom marijuana is being produced; (C) May possess up to 18 marijuana seedlings or starts for each patient for whom marijuana is being produced;

(4) A grower may produce marijuana for no more than four patients or designated primary caregivers concurrently.

(5) A patient, the designated primary caregiver for a patient and the grower must have, in his or her possession, his or her OMMP identity card when transporting marijuana. A patient must have, in his or her possession, his or her OMMP identity card when using marijuana in a location other than the residence of the cardholder.