A Guide for New Patients Oregon Medical Marijuana Facts  Measure 67, the Oregon Medical Marijuana Act (OMMA), passed in 1998 with 55% of the vote.  SB 1085 passed the Oregon Legislature in 2006, amending the OMMA’s plant and possession limits.  There are over 40,000 patients who have registered, or are in the process of registering with the Oregon Medical Marijuana Program (OMMP).  Oregon’s Attorney General recently ruled that out-ofstate patients do qualify for OMMP OMMP Requirements  Patients must designate a “person responsible for a marijuana grow site” (“grower”)  Grower need not be an Oregon resident  The patient may be their own grower  Patients must designate the address of their marijuana grow site  Must be an Oregon address  May be the patient’s own address  Does not matter whether marijuana will actually be grown at the address; it must be listed “just in case” For every Patient, there can also be a Caregiver and a Grower. Understanding this system is important in order to provide the maximum protection under the law for you, your friends, and loved ones. OMMP Requirements  Patients may designate a primary caregiver  Caregiver need not be an Oregon resident  Caregiver need not live with the patient  Patients must renew their registration annually, even if permanently disabled  Patients bear the responsibility of notifying caregivers and growers about any changes in status (i.e., changing or dropping them)  Patients bear the responsibility of informing OMMP about changes of status (i.e., new addresses, changing caregivers, etc.) One Patient = Three Cards  Bob suffers from epilepsy  Lives alone, is able-bodied  Grows his own medicine Patient Caregiver Grower BOB One Patient = Three Cards  Amy is bedridden with Lou Gehrig’s disease  Lives with partner Sue who cares for Amy  Sue tends to Amy’s marijuana garden AMY Patient SUE Caregiver Grower One Patient = Three Cards  Joe has chronic pain from an auto accident  Lives with wife Eva who helps at harvest  Brother Ted grows Joe’s marijuana elsewhere JOE EVA TED Patient Caregiver Grower Two Patients = Six Cards  Dan and Rex are both patients living together  Rather than designate each other, both designate separate friends to be caregivers  Both could also designate the different growers. CAL LEE DAN REX DEE MEG Grower Caregiver Patient Patient Caregiver Grower Registering with OMMP exempts a cardholder from criminal prosecution for possessing, transporting, and cultivating marijuana. However, a cardholder must know and stay within certain limits in order to maintain this exemption Possessing Marijuana  A patient, caregiver, and grower may collectively possess up to 24 ounces of usable marijuana  The 24 ounces may be split between all three cardholders  “Usable” marijuana doesn’t include seeds, stalks, and roots; only leaves and flowers (buds)  If a cardholder has a Class A or B drug felony within past five years, may only possess one ounce  A cardholder must have their card on their person while possessing and transporting marijuana Possessing / Using Marijuana  Marijuana may not be used or seen in a “public place” or in “public view”  Keep marijuana in opaque (non-see-through) containers  Do not use marijuana where you could possibly be seen in public, even if nobody is around  Do not drive while medicated – period!  When transporting marijuana, unless absolutely necessary, do not transport more than an ounce  When traveling, place marijuana in opaque container in the trunk of the car  You are not protected by OMMA from DUID charges Buying / Selling Marijuana  Buying and selling of marijuana is illegal (for now)  Patients may give plants and marijuana to other cardholders for no consideration (i.e., nothing of value may be exchanged)  A cardholder must never transfer marijuana to any noncardholder (even patients from other states)  Growers may be reimbursed by the patient or caregiver for the costs of supplies and utilities, but not labor  Never give money to a grower for marijuana before verifying receipts of actual costs; that is called “buying” Growing Marijuana  A cardholder may possess and cultivate up to 6 mature marijuana plants and 18 seedlings  All plants must be grown at designated grow site address and nowhere else  “Mature” means a plant that either has flowers (buds) or is greater than 12 inches in dimension in any direction  All marijuana plants and usable marijuana are the property of the patient  A patient may request – and a grower must honor – the return of all marijuana plants and usable medicine at any time. Growing Marijuana  A grower must post the grow site registration card for each patient at the registered grow site address  Marijuana plants may not be in “public view”  A grower may be designated by up to four patients concurrently  The grower may produce 6 mature plants and 18 seedlings per each patient (up to 24 / 72 plants)  The grower may possess up to 24 ounces of usable marijuana for each patient (up to 96 ounces)  Any person with a Class A or B drug felony within five years or any two Class A or B drug felonies cannot grow Finding a Grower  Patient Beware! While growers can be reimbursed for     expenses, this opens up a gray area where patients are exploited by some who wish to sell marijuana for profit Advocacy groups like Oregon NORML (ornorml.org) can help you network to meet ethical growers A good grower should produce at least 4-6 ounces of usable marijuana per plant – don’t fall for the “I’ll give you one ounce per month” line Insist on receipts for grower’s reimbursements Pay grower’s utilities and buy supplies directly if possible (i.e., a check to PGE for electricity) While OMMP Cardholders are protected from prosecution under marijuana laws, this does not mean OMMP Cardholders are “legal”. Criminal penalties and legal discrimination for marijuana and its users still exist, even for OMMP Cardholders Protected by OMMA  Cardholders cannot be prosecuted for possession, delivery, and cultivation of marijuana, so long as they abide by the rules set in OMMA  If a cardholder is above plant and usable marijuana limits, police may only seize that which is above the limit (i.e. if you have 25 ounces, cops can take only 1)  Cardholders can’t be sanctioned by professional licensing boards for their participation in OMMP  Cardholders are protected immediately upon receipt of paperwork at DHS OMMP offices (or registered postal mail receipt) Not Protected by OMMA  Cardholders can be prosecuted if they break the rules  Example: Patient is driving with clear Mason jar full of three ounces of marijuana sitting in passenger seat. Police stop patient for not wearing seat belt. Police see the jar and the marijuana. Since the marijuana is in “public view”, the patient is now committing a felony.  Example: Patient comes home from an advocacy meeting with three new starter plants. Patient’s grow site is registered somewhere other than home. Now patient is “manufacturing” marijuana at more than one address, loses protection, and is committing a felony. Not Protected by OMMA  Rulebreakers can lose OMMP card for six months  Example: Patient is smoking a joint on the coast. Nobody is within sight on the beach. However, a cruise ship passenger with binoculars can see patient smoking. That’s “public view” and patient could now be ticketed.  Example: Caregiver offers patient an eighth ounce of marijuana if patient will drive him to the mall. That’s “consideration” and now both are committing a drug trafficking felony.  Example: Patient shares joint with California patient. That’s illegal and now both can be ticketed. Not Protected by OMMA  Your OMMP Card doesn’t protect your right to work  Employers may discriminate against you in hiring, solely for your OMMP Card, even if you pass a urine screening  Employers may fire you for failing a urine screening even if you have an OMMP Card and were not using at work  Employers do not have to accommodate your medicinal use of marijuana in any way, shape, or form  Your OMMP Card doesn’t protect your housing rights  Your landlord may evict you for your OMMP Card  Your landlord need not give you permission to grow Not Protected by OMMA  Your OMMP Card doesn’t protect medical treatments  Organ transplant centers may consider your medical marijuana use to be “drug abuse” and deny your organ  Some doctors may limit your access to opioid painkillers, believing you’re a “drug abuser” for medical marijuana  Your OMMP Card doesn’t protect your family rights  Some courts have made unfavorable child custody rulings based on one parent’s medical marijuana use  Child protective services, claiming child endangerment, have taken custody of newborns who test positive from their mother’s use of medical marijuana Not Protected by OMMA  Your OMMP Card doesn’t protect your gun rights  Some Oregon sheriffs are refusing to renew or accept concealed firearms licenses from OMMP Cardholders, citing federal laws that restrict gun rights of “known drug abusers”  Your OMMP Card doesn’t protect your LIFE  Don’t broadcast your patient – especially grower – status  Marijuana is very valuable on the criminal market  “Loose Lips Cause Rips” – Keep It Secret, Stupid! The Oregon Medical Marijuana Program is not perfect. Patients will have the opportunity to vote on a regulated supply system this November with Measure 74. More conditions can be added by petition to the state. But until marijuana is fully legalized for all adults, the Oregon Medical Marijuana Act provides some protection for those patients who use marijuana medicinally.