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Summary of 2005 Legislative Changes
to the
Oregon Medical Marijuana Act.
HB-2693 empowers the Oregon Medical Marijuana Program, OMMP and law enforcement with new avenues to prevent abuse. HB-2693 gives the control of the medical marijuana gardens back to the patients.
HB2693 does not increase the number of medical marijuana plants being grow by patients.
Under the current Oregon Medical Marijuana Act, the biggest problem is that patients are unable to keep an adequate supply of usable marijuana from each harvest. Patients are only allowed to have one ounce away from the garden site while the lion share of what is grown remains with the primary caregiver. Dishonest caregivers are using this rule to divert patients medicine away from the program. HB-2693:
- Allows patients to keep more of what they have grown, therefore reducing the risk of medical marijuana being diverted from our program.
- Allows the OMMP to deny renewal applications if registry identification cardholders, designated primary caregivers, or multiple patient designated primary caregivers are convicted of violating ORS 475.992
- Removes the "Affirmative Defense" clause from ORS 475.306, and ORS 475.319 establishing set limits on the number of plants a patient can have and a set amount of marijuana that can be possessed.
- Requires physicians to notify OMMP if a patient no longer has a debilitating medical condition or if the continued use of medical marijuana is contraindicated.
- Requires OMMP to develop an "OMMP Registration Manual", create educational materials, and classes to help patients utilize OMMA.
- Creates a "Multiple Patient Designated Primary Caregiver" certification course.
- Gives OMMP the authority to inspect "Multiple Patient Gardens".
- Gives OMMP the authority to arbitrate disputes between patients and their caregivers.
- Creates a query system to ensure the ability of authorized employees of state and local law enforcement agencies to verify at all times, 24/7, that a person is a lawful possessor of a registry identification card
- Elucidates misunderstandings about a patients right to give medical marijuana to another cardholder and cardholders right to transport medical marijuana within the limits allowed under ORS 475.306.
Stormy Ray Cardholders Foundation, 503-587-7434 www.stormyray.org
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