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your Station for 2009 Legislation, Legislators and other Legislative matters.
Our index to Current and Historical Info; Tips, Tools and Tricks to utilize and expect along the way to Taking Action Now and in the Future.
Click here > for our index to info in this section, your Legislation Station.
Legislative updates for Spring 2009 sessions
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> Establishes Oregon Health Authority Board and Oregon Health Authority and specifies duties, functions and powers. Transfers health { - and health insurance - } functions to authority from Department of Human Services { - and Department of Consumer and Business Services - } . > Creates Quality Care Institute { - and Oregon Health Insurance Exchange - } in Oregon Health Authority. { + Directs authority to develop and submit to Legislative Assembly for approval Oregon Health Insurance Exchange plan. > Expands eligibility for medical assistance. + } Requires authority to implement premium assistance program. Requires { - authority to streamline - } { + Department of Human Services to implement streamlined and simple + } application process for medical assistance and premium assistance programs. Requires authority to increase reimbursement rates for health services providers participating in medical assistance { - programs - } { + program + }. Requires authority to conduct outreach for and marketing of medical assistance and premium assistance programs. > Creates tax on health insurance and managed care plans. Sets fixed rate for hospital assessment and removes sunset. { - Creates new cigarette tax. - } Establishes Oregon Health Authority Fund. Deposits moneys from taxes and assessments into fund. Continuously appropriates moneys in fund to authority for purpose of carrying out functions of authority. > Takes effect on 91st day following adjournment sine die. Relating to health care; creating new provisions; amending ORS 25.323, 65.800, 107.092, 127.646, 192.410, 192.502, 192. 75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session NOTE: Matter within braces and plus ... [snip] SECTION 93. ORS 135.917 is amended to read: 135.917. (1) Courts having jurisdiction over the offense of possession of less than one ounce of marijuana shall designate agencies or organizations to perform the diagnostic assessment and treatment required under possession of marijuana diversion agreements described in ORS 135.907. The designated agencies or organizations must meet the standards set by the { - Department of Human Services - } { + Oregon Health Authority + } to perform the diagnostic assessment and treatment of drug dependency and must be certified by the { - Department of Human Services - } { + authority + }. Wherever possible, a court shall designate agencies or organizations to perform the diagnostic assessment that are separate from those that may be designated to carry out a program of treatment for drug dependency. [snip] { - (3) - } { + (4) + } 'Delivery' has the meaning given that term in ORS 475.005. 'Delivery' does not include transfer of marijuana by a registry identification cardholder to another registry identification cardholder if no consideration is paid for the transfer. [snip] (6) 'Marijuana' has the meaning given that term in ORS 475.005. (7) 'Marijuana grow site' means a location where marijuana is produced for use by a registry identification cardholder and that is registered under the provisions of ORS 475.304. (8) 'Medical use of marijuana' means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of the person's debilitating medical condition. (9) 'Production' has the meaning given that term in ORS 475.005. (10) 'Registry identification card' means a document issued by the { - department - } { + authority + } that identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any. (11) 'Usable marijuana' means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 to 475.346. 'Usable marijuana' does not include the seeds, stalks and roots of the plant. [snip] Status:
01/12 (H) First reading. Referred to Speaker's desk.
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> Provides that in case of conflict between provision of Employment Department Law and other provision of state law, Employment Department Law controls. > Limits employment that will end individual's disqualification from receipt of unemployment benefits to employment subject to Employment Department Law or equivalent law in another state or Canada, employment required to be covered under Federal Unemployment Tax Act and employment by federal government. Relating to unemployment insurance; creating new provisions; and amending ORS 657.176 and ... 657.265. 75th OREGON LEGISLATIVE ASSEMBLY -- 2009 Regular Session NOTE: Matter within { braces and plus signs + } in an ... [snip] (b)(A) Except as provided in subparagraph (B) of this paragraph, an individual is not considered to have committed a disqualifying act under this subsection if the individual, on the date of separation or within 10 days after the date of separation, is participating in a recognized drug or alcohol rehabilitation program and provides documentation of participation in the program to the department. (B) This paragraph does not apply to an individual who has refused to enter into or has violated the terms of a last chance agreement with the employer. (c) It is no defense or excuse under this section that the individual's separation resulted from alcohol use, Marijuana use, unlawful drug use, alcoholism or drug addiction. [snip] (c) 'Last chance agreement' means a reasonable agreement: (A) Between an employer and an employee who has violated the employer's reasonable written policy, has engaged in drug or alcohol use connected with work or has admitted to alcohol abuse, Marijuana use or unlawful drug use; and (B) That permits the employee to return to work under conditions that may require the employee to: (i) Abstain from alcohol use, Marijuana use and unlawful drug use; and (ii) Attend and comply with the requirements of a rehabilitation or education program acceptable to the employer. (d) An individual is 'under the influence of intoxicants ' when the level of alcohol, Marijuana or unlawful drugs present in the individual's body exceeds the amount prescribed in a collective bargaining agreement, or the amount prescribed in the employer's reasonable written policy if there is no applicable collective bargaining agreement provision. [snip] Status:
01/15 (H) First reading. Referred to Speaker's desk.
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> Deletes references to trusts, estates, trustees, personal representatives and executors from certain statutory definitions of 'person' and 'entity. ' Relating to definitions of legal entities; amending ORS 24. 75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session NOTE: Matter within { braces and plus signs + }in an amended section is new. Matter within { ... [snip] SECTION 39. ORS 475.005 is amended to read: 475.005. As used in ORS 475.005 to 475.285 and 475.840 to 475.980, unless the context requires otherwise: [snip] (16) 'Marijuana' means all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. [snip] Status:
01/12 (H) First reading. Referred to Speaker's desk.
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> Modifies certain crimes predicated on person's status as felon. Relating to felons; creating new provisions; and amending ORS 166.250, 166.270 and 475.900. ... b) The offense was possession of Marijuana and the conviction was prior to January 1, 1972. ... the court declares to be a misdemeanor; or (B) For possession of Marijuana prior to January 1, 1972. (b) 'Possesses' means to have physical possession ... [snip] (2) { + A person commits the crime of possession of a restricted weapon if the person: (a) Has been convicted of a felony; and (b) Carries a dirk, dagger or stiletto, or possesses a weapon described in subsection (3) of this section, while knowing that the person has been convicted of a felony. + } { - Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control - } { + (3) Subsection (2) of this section applies to: (a) + } { - Any - } { + An + } instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force { + ; + } or { + (b) + } { - Any - } { + A + } blackjack, slungshot, sandclub, sandbag, sap glove or metal knuckles { - , or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon - } . { - (3) For the purposes of this section, a person 'has been convicted of a felony' if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if: - } { - (a) The court declared the conviction to be a misdemeanor at the time of judgment; or - } { - (b) The offense was possession of Marijuana and the conviction was prior to January 1, 1972. - } [snip] (a) 'Has been convicted of a felony' means that a person has been convicted of an offense that, at the time of the conviction, was a felony under the law of the jurisdiction in which it was committed. 'Has been convicted of a felony' does not include a conviction: (A) That the court declares to be a misdemeanor; or (B) For possession of Marijuana prior to January 1, 1972. [snip] (D) One hundred grams or more of a mixture or substance containing a detectable amount of hashish; (E) One hundred and fifty grams or more of a mixture or substance containing a detectable amount of Marijuana; [snip] (b) The violation constitutes possession, delivery or manufacture of a controlled substance and the possession, delivery or manufacture is a commercial drug offense. A possession, delivery or manufacture is a commercial drug offense for purposes of this subsection if it is accompanied by at least three of the following factors: (A) The delivery was of heroin, cocaine, hashish, Marijuana, methamphetamine, lysergic acid diethylamide, psilocybin or psilocin and was for consideration; [snip] (iv) Eight grams or more of a mixture or substance containing a detectable amount of hashish; (v) One hundred ten grams or more of a mixture or substance containing a detectable amount of Marijuana; [snip] (D) One hundred grams or more of a mixture or substance containing a detectable amount of hashish; (E) One hundred fifty grams or more of a mixture or substance containing a detectable amount of Marijuana; [snip]
01/12 (H) First reading. Referred to Speaker's desk.
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> Allows person arrested for state or municipal traffic offense to have arrest record expunged in certain circumstances. Relating to traffic offenses; creating new provisions; and amending ORS 137.225. ... would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only. (c) A crime punishable as either a felony or a misdemeanor, in the discretion ... (5) The provisions of subsection (1)(a) of this section apply to a conviction of: (a) A Class C felony, except for criminal mistreatment in the first degree under ORS 163.205 when it would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only. Status:
01/12 (H) First reading. Referred to Speaker's desk.
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> Allows person arrested for state or municipal traffic offense to have arrest record expunged in certain circumstances. Relating to traffic arrests; creating new provisions; and amending ORS 137.225. ... would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug Marijuana when that crime was punishable as a felony only. (c) A crime punishable as either a felony or a misdemeanor, in the discretion ... [snip] (5) The provisions of subsection (1)(a) of this section apply to a conviction of: (a) A Class C felony, except for criminal mistreatment in the first degree under ORS 163.205 when it would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug Marijuana when that crime was punishable as a felony only. [snip]
01/12 (H) First reading. Referred to Speaker's desk.
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> Modifies crime of endangering welfare of minor. Relating to endangering the welfare of a minor; creating new provisions; and amending ORS ... ... under 18 years of age any device in which tobacco, Marijuana, cocaine or any controlled substance, as defined in ORS 475.005 ... of which is directly or indirectly to deliver tobacco smoke, Marijuana smoke, cocaine smoke or smoke from any controlled substance into ... [snip] SECTION 1. ORS 163.575 is amended to read: 163.575. (1) A person commits the crime of endangering the welfare of a minor if the person knowingly: [snip] (e) Sells to a person under 18 years of age any device in which tobacco, Marijuana, cocaine or any controlled substance, as defined in ORS 475.005, is burned and the principal design and use of which is directly or indirectly to deliver tobacco smoke, Marijuana smoke, cocaine smoke or smoke from any controlled substance into the human body including but not limited to: (A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls; [snip]
01/12 (H) First reading. Referred to Speaker's desk.
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> Applies defense to crime of felon in possession of firearm to certain other crimes predicated on person's status as felon. Relating to felons; creating new provisions; and amending ORS 166.260, 166.270 and 166.470. ... if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or (b) The offense was possession of Marijuana and the conviction was prior to January 1, 1972. (4) ... [snip] (3) For the purposes of this section, a person 'has been convicted of a felony' if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or (b) The offense was possession of Marijuana and the conviction was prior to January 1, 1972. [snip]
01/12 (H) First reading. Referred to Speaker's desk.
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> Modifies definition of marijuana for purposes of controlled substances laws. Relating to Marijuana; creating new provisions; and amending ORS 167.222, 475.005, 475.302, ... ... Relating to Marijuana; creating new provisions; and amending ... introduced. Modifies definition of Marijuana for purposes of controlled substances ... [snip] Relating to Marijuana; creating new provisions; and amending ORS 167.222, 475.005, 475.302, 475.860 and 475.864. [snip] (16) 'Marijuana' means all parts of the plant Cannabis family Moraceae { + or of the plant Cannabis family Cannabaceae + }, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. [snip] (3) 'Delivery' has the meaning given that term in ORS 475.005. 'Delivery' does not include transfer of Marijuana by a registry identification cardholder to another registry identification cardholder if no consideration is paid for the transfer. [snip] (6) 'Marijuana' has the meaning given that term in ORS 475.005. (7) 'Marijuana grow site' means a location where Marijuana is produced for use by a registry identification cardholder and that is registered under the provisions of ORS 475.304. (8) 'Medical use of Marijuana' means the production, possession, delivery, or administration of Marijuana, or paraphernalia used to administer Marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of the person's debilitating medical condition. (9) 'Production' has the meaning given that term in ORS 475.005. (10) 'Registry identification card' means a document issued by the department that identifies a person authorized to engage in the medical use of Marijuana and the person's designated primary caregiver, if any. (11) 'Usable Marijuana' means the dried leaves and flowers of the plant Cannabis family Moraceae { + or of the plant Cannabis family Cannabaceae + }, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 to 475.346. 'Usable Marijuana' does not include the seeds, stalks and roots of the plant. [snip] (3) Notwithstanding subsection (2) of this section, if the conviction is for knowingly maintaining, frequenting or remaining at a place where less than one avoirdupois ounce of the dried leaves, stems, and flowers of the { + Marijuana + } plant { - Cannabis family Moraceae - } is found at the time of the offense under this section, frequenting a place where controlled substances are used is a Class D violation. (4) As used in this section { - , - } { + : (a) + } 'Frequents' means repeatedly or habitually visits, goes to or resorts to. { + (b) 'Marijuana plant' means the plant Cannabis family Moraceae or the plant Cannabis family Cannabaceae. + } SECTION 4. ORS 475.860 is amended to read: 475.860. (1) It is unlawful for any person to deliver Marijuana. (2) Unlawful delivery of Marijuana is a Class B felony if the delivery is for consideration. (3) Notwithstanding subsection (2) of this section, unlawful delivery of Marijuana is a: (a) Class A misdemeanor, if the delivery is for no consideration and consists of less than one avoirdupois ounce of the dried leaves, stems and flowers of the { + Marijuana + } plant { - Cannabis family Moraceae - } ; or (b) Violation, if the delivery is for no consideration and consists of less than five grams of the dried leaves, stems and flowers of the { + Marijuana + } plant { - Cannabis family Moraceae - } . A violation under this paragraph is punishable by a fine of not less than $500 and not more than $1,000. Fines collected under this paragraph shall be forwarded to the Department of Revenue for deposit in the Criminal Fine and Assessment Account established in ORS 137.300. (4) Notwithstanding subsections (2) and (3) of this section, unlawful delivery of Marijuana is a: (a) Class A felony, if the delivery is to a person under 18 years of age and the defendant is at least 18 years of age and is at least three years older than the person to whom the Marijuana is delivered; or (b) Class C misdemeanor, if the delivery: (A) Is for no consideration; (B) Consists of less than five grams of the dried leaves, stems and flowers of the { + Marijuana + } plant { - Cannabis family Moraceae - } ; (C) Takes place in a public place, as defined in ORS 161.015, that is within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors; and (D) Is to a person who is 18 years of age or older. { + (5) As used in this section, 'Marijuana plant' has the meaning given that term in ORS 167.222. + } SECTION 5. ORS 475.864 is amended to read: 475.864. (1) It is unlawful for any person knowingly or intentionally to possess Marijuana. (2) Unlawful possession of Marijuana is a Class B felony. (3) Notwithstanding subsection (2) of this section, unlawful possession of Marijuana is a violation if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the { + Marijuana + } plant { - Cannabis family Moraceae - } . A violation under this subsection is punishable by a fine of not less than $500 and not more than $1,000. Fines collected under this subsection shall be forwarded to the Department of Revenue for deposit in the Criminal Fine and Assessment Account established under ORS 137.300. (4) Notwithstanding subsections (2) and (3) of this section, unlawful possession of Marijuana is a Class C misdemeanor if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the { + Marijuana + } plant { - Cannabis family Moraceae - } and the possession takes place in a public place, as defined in ORS 161.015, that is within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. { + (5) As used in this section, 'Marijuana plant' has the meaning given that term in ORS 167.222. + } SECTION 6. { + The amendments to ORS 167.222, 475.005, 475.302, 475.860 and 475.864 by sections 1 to 5 of this 2009 Act apply to conduct occurring on or after the effective date of this 2009 Act. + }
01/12 (H) First reading. Referred to Speaker's desk.
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> Modifies circumstances under which person may expunge criminal arrests and convictions. > Renames order setting aside conviction as order expunging conviction. Relating to expunction; creating new provisions; and amending ORS 40.355, 137.225, 137.281, ... ... b) The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only. (c) A crime punishable as either ... [snip] (5) The provisions of subsection (1)(a) of this section apply to a conviction of: (a) A Class C felony { - , except for criminal mistreatment in the first degree under ORS 163.205 when it would constitute child abuse, as defined in ORS 419B.005, or any sex crime - } . (b) The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only. [snip]
01/12 (H) First reading. Referred to Speaker's desk.
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> Expands ability of employer to prohibit use of medical marijuana in workplace. Relating to employment; amending ORS 475.340. ... introduced. Expands ability of employer to prohibit use of medical Marijuana in workplace. A BILL FOR AN ACT ... a person for costs associated with the medical use of Marijuana { - ; or - } { + . + } (2) ... [snip] SECTION 1. ORS 475.340 is amended to read: 475.340. Nothing in ORS 475.300 to 475.346 shall be construed to { - require - } : (1) { + Require + } a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of Marijuana { - ; or - } { + . + } (2) { + Require + } an employer to { + : + } { + (a) + } Accommodate the medical use of Marijuana in any workplace { + regardless of where the use occurs; (b) Allow an employee or independent contractor to possess, to consume or to be impaired by the use of Marijuana during working hours; or (c) Allow any person who is impaired by the use of Marijuana to remain in the workplace. (3) Preclude or restrict an employer from establishing or enforcing a policy to achieve or maintain a drug-free workforce + }. [snip] Status:
01/29 (H) First reading. Referred to Speaker's desk.
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> Prohibits discrimination in employment under certain circumstances if discrimination is based on person's status as medical Marijuana registry cardholder or use of medical marijuana off property or premises of employment or during hours that are not hours of employment. > Makes such discrimination unlawful employment practice. Allows employers to discipline employees who use medical marijuana on property or premises or during hours of employment. Relating to medical Marijuana in the workplace; creating new provisions; and amending ORS ... ... person's status as medical Marijuana registry cardholder or use of medical Marijuana off property or premises of ... A BILL FOR AN ACT Relating to medical Marijuana in the workplace; creating new provisions; and amending ORS 475.340. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 475.340 is amended to read: 475.340. Nothing in ORS 475.300 to 475.346 shall be construed to require: (1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of Marijuana; or (2) An employer to accommodate the medical use of Marijuana { - in any workplace - } { + on the property or premises of any place employment or during hours of employment except as provided in section 3 of this 2009 Act + }. [snip] SECTION 3. { + (1) It is unlawful for an employer to discriminate against a person in hiring, termination or any term or condition of employment or otherwise penalize a person if the discrimination is based on: (a) The status of the person as a registry identification cardholder; or (b) A positive drug test for Marijuana if the person is a registry identification cardholder and the medical use of Marijuana does not occur on the property or premises of the place of employment or during the hours of employment. (2) The prohibition established by this section does not apply to an person employed in a safety-sensitive position. As used in this section, 'safety-sensitive position' means a position in which: (a) The medical use of Marijuana could affect the performance of the employee and endanger the health and safety of others; [snip] (4) Nothing in this section prohibits an employer from terminating the employment of, or taking other corrective action against, an employee who is impaired on the property or premises of the place of employment or during the hours of employment, because of the medical use of Marijuana. + } Status:
01/29 (H) First reading. Referred to Speaker's desk.
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> Expands robbery in first degree to include use of look-alike firearm. > Expands disorderly conduct in first degree to include delivery of unidentified substance with threatening message. > Expands felon in possession of restricted weapon to include taser and pepper spray. Relating to crime; creating new provisions; and amending ORS 164.415, 166.023 and 166.270. ... if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or (b) The offense was possession of Marijuana and the conviction was prior to January 1, 1972. (4) Subsection (1) of this section does not apply to ... [snip] (3) For the purposes of this section, a person 'has been convicted of a felony' if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. { - Such conviction shall not be deemed - } { + For the purposes of this section, a conviction is not + } a conviction of a felony if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or (b) The offense was possession of Marijuana and the conviction was prior to January 1, 1972. [snip] Status:
02/03 (H) First reading. Referred to Speaker's desk.
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> Requires that certain public officials submit to drug test two times every calendar year. > Specifies consequences of refusing or failing test. Relating to drug tests for public officials. ... of this 2009 Act if the test indicates that the person has used Marijuana, without regard to whether the person is authorized to engage in the medical ... to whether the person is authorized to engage in the medical use of Marijuana under ORS 475.300 to 475.346. ... [snip] SECTION 7. { + A person serving as a public official listed in section 2 of this 2009 Act fails a drug test for the purposes of sections 1 to 7 of this 2009 Act if the test indicates that the person has used Marijuana, without regard to whether the person is authorized to engage in the medical use of Marijuana under ORS 475.300 to 475.346. + }
02/10 (H) First reading. Referred to Speaker's desk.
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> Prohibits setting aside arrest for or conviction of criminally negligent homicide. Relating to motions to set aside; creating new provisions; and amending ORS 137.225. ... would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug Marijuana when that crime was punishable as a felony only. (c) A crime punishable as either a felony or a misdemeanor, in the discretion ... [snip] (5) The provisions of subsection (1)(a) of this section apply to a conviction of: (a) A Class C felony, except for criminal mistreatment in the first degree under ORS 163.205 when it would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug Marijuana when that crime was punishable as a felony only. [snip] Status:
02/23 (H) First reading. Referred to Speaker's desk.
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> Establishes procedure for employment-related marijuana drug testing and review of results by medical review officer. > Requires attending physician who provides documentation for medical marijuana card to perform in-person examination of patient. Relating to medical Marijuana; creating new provisions; and amending ORS 438.435 and 475.326. ... Relating to medical Marijuana; creating new provisions; and amending ... and includes a test for Marijuana, the laboratory shall forward the Marijuana test result to the medical ... [snip] Relating to medical Marijuana; creating new provisions; and amending ORS 438.435 and 475.326. [snip] { + (4) When the substance of abuse test is a test for nonmedical employment or pre-employment purposes and includes a test for Marijuana, the laboratory shall forward the Marijuana test result to the medical review officer designated by the employer under section 2 of this 2009 Act. The laboratory may not report a Marijuana test result to the employer, but may report the result of any other substance of abuse test in accordance with this section. + } [snip] (b) 'Medical review officer' means a physician licensed under ORS chapter 677 who is responsible for receiving, reviewing and reporting laboratory results generated when an employer performs a drug test for Marijuana on an employee. (2) If an employer requires an employee to submit to a drug test for Marijuana, the employer shall designate a medical review officer to receive, review and report the test result to the employer. The medical review officer must be trained in the assessment and treatment of substance abuse. (3) If a medical review officer receives a test result that is negative for Marijuana from a laboratory as provided in ORS 438.435, the medical review officer shall report a negative Marijuana test result to the employer. (4)(a) If a medical review officer receives a test result that is positive for Marijuana from a laboratory as provided in ORS 438.435, the medical review officer shall consult with the employee to determine if the employee possesses a registry identification card issued under ORS 475.309. (b) If the employee does not possess a registry identification card issued under ORS 475.309, the medical review officer shall report a positive Marijuana test result to the employer.
(c) If the employee possesses a registry identification card issued under ORS 475.309, the medical review officer shall consult with the employee to determine the employee's pattern of Marijuana use and the potential for impairment while the employee is acting in the course and scope of employment. (d) If, after the consultation required by paragraph (c) of this subsection, the medical review officer determines that the employee's Marijuana use poses a risk to the safety of the employee or others in the employee's place of employment, the medical review officer shall report a positive Marijuana test result to the employer. (e) If, after the consultation required by paragraph (c) of this subsection, the medical review officer determines that the employee's Marijuana use does not pose a risk to the safety of the employee or others in the employee's place of employment, the medical review officer shall report a negative Marijuana test result to the employer. + } SECTION 3. ORS 475.326 is amended to read: 475.326. No attending physician may be subjected to civil penalty or discipline by the Oregon Medical Board for: (1) Advising a person whom the attending physician has diagnosed as having a debilitating medical condition, or a person who the attending physician knows has been so diagnosed by another physician licensed under ORS chapter 677, about the risks and benefits of medical use of Marijuana or that the medical use of Marijuana may mitigate the symptoms or effects of the person's debilitating medical condition, provided the advice is based on the attending physician's personal assessment of the person's medical history and current medical condition; or (2) Providing the written documentation necessary for issuance of a registry identification card under ORS 475.309, if { + : (a) + } The documentation is based on the attending physician's { + in-person examination of the applicant and + } personal assessment of the applicant's medical history { - and - } { + , + } current medical condition { + and appropriate treatment plan; + } and { + (b) + } The attending physician has discussed the potential medical risks and benefits of the medical use of Marijuana with the applicant. Status:
03/03 (H) First reading. Referred to Speaker's desk.
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> Increases minimum age for tobacco possession from 18 years to 21 years. Relating to tobacco; creating new provisions; and amending ORS 163.575, 165.800, 165.813, ... ... under 18 years of age any device in which tobacco, Marijuana, cocaine or any controlled substance, as defined in ORS 475.005 ... of which is directly or indirectly to deliver tobacco smoke, Marijuana smoke, cocaine smoke or smoke from any controlled substance into ... [snip] { - (e) - } { + (d) + } Sells to a person under 18 years of age any device in which tobacco, Marijuana, cocaine or any controlled substance, as defined in ORS 475.005, is burned and the principal design and use of which is directly or indirectly to deliver tobacco smoke, Marijuana smoke, cocaine smoke or smoke from any controlled substance into the human body including but not limited to: (A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls; (B) Carburetion tubes and devices, including carburetion masks; (C) Bongs; (D) Chillums; (E) Ice pipes or chillers; (F) Cigarette rolling papers and rolling machines; and (G) Cocaine free basing kits. [snip] Status:
03/05 (H) First reading. Referred to Speaker's desk.
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> Expands ability of employer to prohibit use of medical marijuana in workplace. Relating to drugs in the workplace; amending ORS 475.340. ... introduced. Expands ability of employer to prohibit use of medical Marijuana in workplace. A BILL FOR AN ACT ... a person for costs associated with the medical use of Marijuana { - ; or - } { + . + } (2) ... A BILL FOR AN ACT Relating to drugs in the workplace; amending ORS 475.340. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 475.340 is amended to read: 475.340. Nothing in ORS 475.300 to 475.346 shall be construed to { - require - } : (1) { + Require + } a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of Marijuana { - ; or - } { + . + } (2) { + Require + } an employer to { + : (a) + } Accommodate the medical use of Marijuana in any workplace { + regardless of where the use occurs; (b) Allow an employee or independent contractor to possess, to consume or to be impaired by the use of Marijuana during working hours; or (c) Allow any person who is impaired by the use of Marijuana to remain in the workplace. (3) Preclude or restrict an employer from establishing or enforcing a policy to achieve or maintain a drug-free workforce + }. Status:
03/09 (H) First reading. Referred to Speaker's desk.
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> Directs Department of Human Services to establish and operate marijuana production facility and distribute marijuana to pharmacies for dispensing to medical marijuana cardholders and designated primary caregivers. > Allows pharmacists to dispense marijuana to medical marijuana cardholders and designated primary caregivers. > Disallows private marijuana grow sites. > Imposes tax of $98 per ounce on marijuana dispensed by pharmacies. > Establishes Marijuana Production Facility Fund. Continuously appropriates moneys from fund to department for operation of production facility. Relating to medical Marijuana; creating new provisions; amending ORS 475.302, 475.306, 475. ... ... pharmacies for dispensing to medical Marijuana cardholders and designated primary caregivers. Allows pharmacists to dispense Marijuana to medical Marijuana cardholders and ... A BILL FOR AN ACT Relating to medical Marijuana; creating new provisions; amending ORS 475.302, 475.306, 475.309, 475.316, 475.319, 475.320, 475.324 and 475.331; repealing ORS 475.304; appropriating money; and providing for revenue raising that requires approval by a three-fifths majority. Be It Enacted by the People of the State of Oregon: SECTION 1. { + Sections 2 and 3 of this 2009 Act are added to and made a part of ORS 475.300 to 475.346. + } SECTION 2. { + (1) The Department of Human Services shall establish and operate a Marijuana production facility that produces all Marijuana used by registry identification cardholders. The department shall distribute Marijuana produced at the facility to pharmacies for dispensing to registry identification cardholders and designated primary caregivers. (2) The department shall adopt rules: (a) Ensuring the security of the facility and plants; (b) Establishing a procedure for distribution of medical Marijuana to pharmacies; (c) Ensuring consistent quality of the medical Marijuana produced; (d) Establishing recordkeeping procedures for tracking medical Marijuana products from the facility to the end user consistent with federal and state guidelines; and [snip] SECTION 16. { + The Marijuana Production Facility Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Marijuana Production Facility Fund shall be credited to the fund. The fund consists of moneys deposited in the fund under sections 2 and 14 of this 2009 Act. Moneys in the fund are continuously appropriated to the Department of Human Services for purposes of establishing and operating the Marijuana production facility required by section 2 of this 2009 Act. + } SECTION 17. { + (1) Sections 2 and 3 of this 2009 Act, the amendments to ORS 475.302, 475.306, 475.309, 475.316, 475.319, 475.320, 475.324 and 475.331 by sections 4 to 11 of this 2009 Act and the repeal of ORS 475.304 by section 12 of this 2009 Act become operative on January 1, 2011. (2) The Director of Human Services may take any action before the operative date specified in subsection (1) of this section that is necessary to enable the director to exercise, on and after the operative date, all the duties, functions and powers conferred on the director by this 2009 Act. (3) The State Board of Pharmacy may take any action before the operative date specified in subsection (1) of this section that is necessary to enable the board to exercise, on and after the operative date, all the duties, functions and powers conferred on the board by this 2009 Act. + } SECTION 18. { + Sections 13 to 15 of this 2009 Act apply to Marijuana dispensed on or after January 1, 2011. + } Status:
03/11 (H) First reading. Referred to Speaker's desk.
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> Creates Task Force on Driving Under the Influence of Marijuana. Requires task force to submit report and any recommendations to interim legislative committee on crime by October 1, 2010. > Sunsets task force on date of convening of next regular biennial legislative session. > Declares emergency, effective on passage. Relating to driving under the influence of Marijuana; and declaring an emergency. ... driving under the influence of Marijuana; and declaring an emergency. ... Driving Under the Influence of Marijuana. Requires task force to submit ... A BILL FOR AN ACT Relating to driving under the influence of Marijuana; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. { + (1) There is created the Task Force on Driving Under the Influence of Marijuana, consisting of four members appointed as follows: [snip] (2) The task force shall: (a) Study methods of determining whether a person is under the influence of Marijuana; and (b) Determine whether a roadside test can rapidly and qualitatively detect whether a person is driving under the influence of Marijuana. [snip] Status:
03/11 (H) First reading. Referred to Speaker's desk.
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> Prohibits setting aside adult conviction or expunging juvenile record if unsatisfied compensatory fine or restitution judgment exists. Relating to satisfaction of monetary obligations imposed in judgment for benefit of victim; ... ... would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only. (c) A crime punishable as either a felony or a misdemeanor, in the discretion ... [snip] (5) The provisions of subsection (1)(a) of this section apply to a conviction of: (a) A Class C felony, except for criminal mistreatment in the first degree under ORS 163.205 when it would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only. [snip]
01/15 (S) Introduction and first reading. Referred to President's desk.
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> Authorizes court to enter judgment of conviction for Class A misdemeanor when person convicted of manufacturing certain amounts of marijuana. > Modifies presumptive sentence for certain marijuana offenses. Relating to Marijuana; creating new provisions; and amending ORS 161.705, 475.320 and 475.900. ... Relating to Marijuana; creating new provisions; and amending ... of manufacturing certain amounts of Marijuana. Modifies presumptive sentence for certain Marijuana offenses. ... A BILL FOR AN ACT Relating to Marijuana; creating new provisions; and amending ORS 161.705, 475.320 and 475.900. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 161.705 is amended to read: 161.705. Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when: (1)(a) A person is convicted of any Class C felony; (b) A person is convicted of { - a - } { + the + } Class B felony { + of unlawful delivery of Marijuana + }pursuant to ORS 475.860 (2); (c) A person is convicted of the Class B felony of { + unlawful + } possession of Marijuana pursuant to ORS 475.864 (2) { + ; (d) A person is convicted of the Class A felony of unlawful manufacture of Marijuana pursuant to ORS 475.856 and the quantity involved is no more than that described in ORS 475.320 (1)(a)(A) or (4)(a) + }; or [snip] SECTION 2. ORS 475.900 is amended to read: 475.900. (1) A violation of ORS 475.840, 475.846 to 475.894, 475.904 or 475.906 shall be classified as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if: (a) The violation constitutes delivery or manufacture of a controlled substance { + other than Marijuana + } and involves substantial quantities of { - a - } { + the + } controlled substance. For purposes of this paragraph, the following amounts constitute substantial quantities of the following controlled substances: (A) Five grams or more of a mixture or substance containing a detectable amount of heroin; (B) Ten grams or more of a mixture or substance containing a detectable amount of cocaine; (C) Ten grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers; (D) One hundred grams or more of a mixture or substance containing a detectable amount of hashish; { - (E) One hundred and fifty grams or more of a mixture or substance containing a detectable amount of Marijuana; - } [snip] (b) The violation constitutes possession, delivery or manufacture of a controlled substance { + other than Marijuana + }and the possession, delivery or manufacture is a commercial drug offense. { - A - } { + The + } possession, delivery or manufacture { + of a controlled substance other than Marijuana + } is a commercial drug offense for purposes of this subsection if it is accompanied by at least three of the following factors: (A) The delivery was of heroin, cocaine, hashish, { - Marijuana, - } methamphetamine, lysergic acid diethylamide, psilocybin or psilocin and was for consideration; [snip] (B) The violation constitutes delivery or manufacture of Marijuana and involves substantial quantities of Marijuana. For purposes of this subparagraph, 150 grams or more of a mixture or substance containing a detectable amount of Marijuana constitutes substantial quantities of Marijuana. (C) The violation constitutes possession, delivery or manufacture of Marijuana and the possession, delivery or manufacture is a commercial drug offense. The possession, delivery or manufacture of Marijuana is a commercial drug offense if: (i) The violation involves the delivery of Marijuana for consideration and is accompanied by at least two of the factors described in subsection (1)(b)(B) to (K) of this section; or [snip]
01/16 (S) Introduction and first reading. Referred to President's desk.
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> Modifies crime of felon in possession of restricted weapon to include tasers. Relating to restricted weapons; creating new provisions; and amending ORS 166.270. ... if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or (b) The offense was possession of Marijuana and the conviction was prior to January 1, 1972. (4) Subsection (1) of this section does not apply to any person who has ... [snip] (3) For the purposes of this section, a person 'has been convicted of a felony' if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or (b) The offense was possession of Marijuana and the conviction was prior to January 1, 1972. [snip]
01/16 (S) Introduction and first reading. Referred to President's desk.
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> Directs State Board of Pharmacy to classify marijuana as controlled substance in Schedule II. Relating to Marijuana. ... Relating to Marijuana. ... the measure as introduced. Directs State Board of Pharmacy to classify Marijuana as controlled substance in Schedule II. A BILL FOR ... A BILL FOR AN ACT Relating to Marijuana. Be It Enacted by the People of the State of Oregon: SECTION 1. { + The State Board of Pharmacy shall classify Marijuana as a controlled substance in Schedule II. + } Status:
01/16 (S) Introduction and first reading. Referred to President's desk.
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> Permits medical marijuana cardholders to possess certain amounts of hashish and food and tincture that incorporate marijuana or hashish. > Changes amounts of marijuana that medical marijuana cardholder and primary caregiver may collectively possess. > Decreases amount of marijuana that may be possessed by persons responsible for marijuana grow sites to 24 ounces. Creates exception to allow persons responsible for marijuana grow sites to store medical marijuana cardholders marijuana if cardholder cannot store marijuana at cardholders residence. > Increases allowable size of marijuana seedlings. > Directs Department of Human Services to prepare manual describing rights and obligations of medical marijuana cardholders, primary caregivers, and persons responsible for marijuana grow sites, and requires those persons to state in applications for registry identification cards that they have read manual. > Directs department to establish investigation and dispute resolution procedures for certain disputes. SB 388 SB 388 Decreases amount of marijuana that may be possessed by persons responsible for marijuana grow sites to 24 ounces, among other bad and un-necessary things. We suggest that the clearly evident weaknesses and problems with this bill be politely pointed out by those who do not wish to see the patients and our program burdened by this collection of meddlesome and downright harmful provisions. We are disappointed that the legislators are again placed in position where they are faced with a bill which is so flawed in what it presents and so absolutely lacking in what it needs, conditions which would not exist if the bill had been the work of more than one narrow, narrow segment of the OMMP registrants and the program's certified enemies. If the contents of the bill had been vetted by the entire mmj community it would be a more solid useful piece of legislation rather than the unthought out collection of bad ideas that it is. PLEASE make sure this bill is either killed or fixed. For more points - and a bulletin board to post yours - visit - www.mercycenters.org/legis/2009/SB388.html Status: There was a Hearing on this bill on Wednesday, Mar. 4, at 8AM in Salem, We hope everyone can continue to attend these important hearings and help the committee understand the problems patients will be facing if the bill passes out in its current, damaging form.
01/28 (S) Introduction and first reading. Referred to President's desk.
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> Allows person arrested for state or municipal traffic offense to have arrest record expunged in certain circumstances. Relating to setting aside arrests for traffic offenses; creating new provisions; and ... ... would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only. (c) A crime punishable as either a felony or a misdemeanor, in the discretion ... [snip] (5) The provisions of subsection (1)(a) of this section apply to a conviction of: (a) A Class C felony, except for criminal mistreatment in the first degree under ORS 163.205 when it would constitute child abuse, as defined in ORS 419B.005, or any sex crime. (b) The crime of possession of the narcotic drug Marijuana when that crime was punishable as a felony only. [snip]
02/02 (S) Introduction and first reading. Referred to President's desk.
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A BILL FOR AN ACT Relating to drugs in the workplace; amending ORS 475.340. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 475.340 is amended to read: 475.340. Nothing in ORS 475.300 to 475.346 { - shall be construed to require - } : (1) { + Requires + } a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of Marijuana; { - or - } (2) { + Requires + } an employer to { + : (a) + } Accommodate the medical use of Marijuana in any workplace { - . - } { + regardless of where the use occurs; (b) Allow an employee or independent contractor to possess, consume or be impaired by the use of Marijuana during working hours; or (c) Allow any person who is impaired by the use of Marijuana to remain in the workplace; or (3) Precludes or restricts an employer from establishing or enforcing a policy to achieve or maintain a drug-free workforce. + }
02/02 (S) Introduction and first reading. Referred to President's desk.
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> Allows employer to adopt comprehensive drug-free workplace program, including drug and alcohol testing policies. > Establishes requirements for program and policies, including requirements for collection of samples and testing procedures. > Exempts employer from civil actions under certain conditions when employer has adopted comprehensive drug-free workplace program. > Modifies definition of 'compensable injury' in workers' compensation law. > Modifies application of disability law in relation to illegal use of drugs. > Requires applicant for medical marijuana registry identification card to notify employer before using marijuana. > Provides that Oregon Medical Marijuana Act does not require employer to make workplace accommodation regardless of where marijuana use occurs. Relating to drug-free workplace policies; creating new provisions; and amending ORS 475.309 ... ... drugs. Requires applicant for medical Marijuana registry identification card to notify employer before using Marijuana. Provides that Oregon Medical Marijuana ... [snip] (B) This paragraph does not apply to an individual who has refused to enter into or has violated the terms of a last chance agreement with the employer. (c) It is no defense or excuse under this section that the individual's separation resulted from alcohol use, Marijuana use, unlawful drug use, alcoholism or drug addiction. [snip] (A) Between an employer and an employee who has violated the employer's reasonable written policy, has engaged in drug or alcohol use connected with work or has admitted to alcohol abuse, Marijuana use or unlawful drug use; and (B) That permits the employee to return to work under conditions that may require the employee to: (i) Abstain from alcohol use, Marijuana use and unlawful drug use; and (ii) Attend and comply with the requirements of a rehabilitation or education program acceptable to the employer. { + (d) 'Reasonable written policy' includes a comprehensive drug-free workplace program established consistent with sections 1 to 9 of this 2009 Act. + } { - (d) - } { + (e) + } An individual is 'under the influence of intoxicants' when the level of alcohol, Marijuana or unlawful drugs present in the individual's body exceeds the amount prescribed in a collective bargaining agreement, or the amount prescribed in the employer's reasonable written policy if there is no applicable collective bargaining agreement provision. [snip] SECTION 15. ORS 475.309 is amended to read: 475.309. (1) Except as provided in ORS 475.316, 475.320 and 475.342, a person engaged in or assisting in the medical use of Marijuana is excepted from the criminal laws of the state for possession, delivery or production of Marijuana, aiding and abetting another in the possession, delivery or production of Marijuana or any other criminal offense in which possession, delivery or production of Marijuana is an element if the following conditions have been satisfied: (a) The person holds a registry identification card issued pursuant to this section, has applied for a registry identification card pursuant to subsection (9) of this section, is the designated primary caregiver of the cardholder or applicant, or is the person responsible for a Marijuana grow site that is producing Marijuana for the cardholder and is registered under ORS 475.304; and (b) The person who has a debilitating medical condition, the person's primary caregiver and the person responsible for a Marijuana grow site that is producing Marijuana for the cardholder and is registered under ORS 475.304 are collectively in possession of, delivering or producing Marijuana for medical use in amounts allowed under ORS 475.320. [snip]
02/02 (S) Introduction and first reading. Referred to President's desk.
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> Modifies circumstances under which person may petition for relief from prohibition on possession of firearms. Relating to firearms; amending ORS 166.260, 166.270 and 166.274. ... if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or (b) The offense was possession of Marijuana and the conviction was prior to January 1, 1972. (4) Subsection (1) of this section does not apply to any person who has ... [snip] (3) For the purposes of this section, a person 'has been convicted of a felony' if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or (b) The offense was possession of Marijuana and the conviction was prior to January 1, 1972. [snip]
02/23 (S) Introduction and first reading. Referred to President's desk.
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> Permits production and possession of industrial hemp and trade in industrial hemp commodities and products. > Authorizes State Department of Agriculture to administer licensing, permitting and inspection program for growers and handlers of industrial hemp. > Allows department to charge fees to growers and handlers. > Continuously appropriates fee moneys to department. > Allows department to impose civil penalty not exceeding $2,500 for violation of license or permit requirements. Relating to industrial hemp; creating new provisions; amending ORS 475.005 and 561.144; and ... ... Whereas the Cannabis sativa plant used for the production of industrial hemp is separate and distinct from forms of Cannabis used to produce Marijuana; and Whereas industrial hemp is used for products such as building materials, cloth, cordage, fiber, food, floor coverings, fuel, industrial chemicals, paint, paper ... A BILL FOR AN ACT Relating to medical Marijuana; creating new provisions; amending ORS 475.302, 475.316, 475.323, 475.324 and 475.331; and appropriating money. [snip] { + (6) 'Dispensary' means a nonprofit entity that produces Marijuana and delivers usable Marijuana or Marijuana plants to registry identification cardholders. + } { - (6) - } { + (7) + } 'Marijuana' has the meaning given that term in ORS 475.005. { - (7) - } { + (8) + } 'Marijuana grow site' means a location where Marijuana is produced for use by a { + particular + } registry identification cardholder and that is registered under the provisions of ORS 475.304. { - (8) - } { + (9) + } 'Medical use of Marijuana' means the production, possession, delivery, or administration of Marijuana, or paraphernalia used to administer Marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of the person's debilitating medical condition. { + (10) 'Producer' means a person who produces usable Marijuana or Marijuana plants for a registry identification cardholder, designated primary caregiver, person responsible for a grow site or registered dispensary. + } { - (9) - } { + (11) + } 'Production' has the meaning given that term in ORS 475.005. { - (10) - } { + (12) + } 'Registry identification card' means a document issued by the department that identifies a person authorized to engage in the medical use of Marijuana and the person's designated primary caregiver, if any. { - (11) - } { + (13) + } 'Usable Marijuana' means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 to 475.346. 'Usable Marijuana' does not include the seeds, stalks and roots of the plant. [snip] { - (12) - } { + (14) + } 'Written documentation' means a statement signed by the attending physician of a person diagnosed with a debilitating medical condition or copies of the person's relevant medical records. SECTION 3. { + (1) A dispensary may not produce or deliver Marijuana unless the dispensary is registered with the Department of Human Services. (2) A dispensary that is registered with the department may produce and deliver usable Marijuana and Marijuana plants to any registry identification cardholder or designated primary caregiver. (3) The department shall issue a dispensary registration card to a nonprofit entity that: (a) Submits the following information to the department: (A) The name of the entity and any other name used in connection with the production or delivery of Marijuana; (B) The addresses of locations used by the entity to produce or deliver Marijuana; (C) The names, addresses and dates of birth of the principal officers of the entity; [snip] Status:
03/03 (S) Introduction and first reading. Referred to President's desk.
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> Requires Department of Human Services to register certain dispensaries and producers of medical marijuana and establishes requirements for dispensaries and producers of marijuana. > Directs department to develop and implement program to assist low-income medical marijuana cardholder in obtaining marijuana. > Allows department to conduct research on efficacy and safety of marijuana used by medical marijuana cardholders. > Establishes Medical Marijuana Fund. Appropriates moneys in fund to department. Relating to medical Marijuana; creating new provisions; amending ORS 475.302, 475.316, 475. ... ... on efficacy and safety of Marijuana used by medical Marijuana cardholders. Establishes Medical Marijuana Fund ... a nonprofit entity that produces Marijuana and delivers usable Marijuana or Marijuana plants to registry ... A BILL FOR AN ACT Relating to medical Marijuana; creating new provisions; amending ORS 475.302, 475.316, 475.323, 475.324 and 475.331; and appropriating money. [snip] { + (6) 'Dispensary' means a nonprofit entity that produces Marijuana and delivers usable Marijuana or Marijuana plants to registry identification cardholders. + } { - (6) - } { + (7) + } 'Marijuana' has the meaning given that term in ORS 475.005. { - (7) - } { + (8) + } 'Marijuana grow site' means a location where Marijuana is produced for use by a { + particular + } registry identification cardholder and that is registered under the provisions of ORS 475.304. { - (8) - } { + (9) + } 'Medical use of Marijuana' means the production, possession, delivery, or administration of Marijuana, or paraphernalia used to administer Marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of the person's debilitating medical condition. { + (10) 'Producer' means a person who produces usable Marijuana or Marijuana plants for a registry identification cardholder, designated primary caregiver, person responsible for a grow site or registered dispensary. + } { - (9) - } { + (11) + } 'Production' has the meaning given that term in ORS 475.005. { - (10) - } { + (12) + } 'Registry identification card' means a document issued by the department that identifies a person authorized to engage in the medical use of Marijuana and the person's designated primary caregiver, if any. { - (11) - } { + (13) + } 'Usable Marijuana' means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 to 475.346. 'Usable Marijuana' does not include the seeds, stalks and roots of the plant. [snip] { - (12) - } { + (14) + } 'Written documentation' means a statement signed by the attending physician of a person diagnosed with a debilitating medical condition or copies of the person's relevant medical records. SECTION 3. { + (1) A dispensary may not produce or deliver Marijuana unless the dispensary is registered with the Department of Human Services. (2) A dispensary that is registered with the department may produce and deliver usable Marijuana and Marijuana plants to any registry identification cardholder or designated primary caregiver. (3) The department shall issue a dispensary registration card to a nonprofit entity that: (a) Submits the following information to the department: (A) The name of the entity and any other name used in connection with the production or delivery of Marijuana; (B) The addresses of locations used by the entity to produce or deliver Marijuana; (C) The names, addresses and dates of birth of the principal officers of the entity; [snip]
03/05 (S) Introduction and first reading. Referred to President's desk.
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> Prohibits discrimination in employment under certain circumstances if discrimination is based on person's status as medical marijuana registry cardholder or use of medical marijuana off property or premises of employment or during hours that are not hours of employment. > Makes such discrimination unlawful employment practice. > Allows employers to discipline employees who use medical marijuana on property or premises or during hours of employment. A BILL FOR AN ACT Relating to medical marijuana in the workplace; creating new provisions; and amending ORS 475.340. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 475.340 is amended to read: 475.340. Nothing in ORS 475.300 to 475.346 shall be construed to require: (1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana; or (2) An employer to accommodate the medical use of marijuana { - in any workplace - } { + on the property or premises of any place employment or during hours of employment except as provided in section 3 of this 2009 Act + }. SECTION 2. { + Sections 3 and 4 of this 2009 Act is added to and made a part of ORS + } { + 475.300 to 475.346. + } SECTION 3. { + (1) It is unlawful for an employer to discriminate against a person in hiring, termination or any term or condition of employment or otherwise penalize a person if the discrimination is based on: (a) The status of the person as a registry identification cardholder; or (b) A positive drug test for marijuana if the person is a registry identification cardholder and the medical use of marijuana does not occur on the property or premises of the place of employment or during the hours of employment. (2) The prohibition established by this section does not apply to an person employed in a safety-sensitive position. As used in this section, 'safety-sensitive position' means a position in which: (a) The medical use of marijuana could affect the performance of the employee and endanger the health and safety of others; [snip]
03/09 (S) Introduction and first reading. Referred to President's desk.
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> Modifies definitions related to marijuana for purposes of certain criminal laws. > Declares emergency, effective on passage. Relating to Marijuana; amending ORS 167.222, 475.005, 475. ... Relating to Marijuana; amending ORS 167.222, 475.005 ... introduced. Modifies definitions related to Marijuana for purposes of certain criminal ... A BILL FOR AN ACT Relating to Marijuana; amending ORS 167.222, 475.005, 475.302, 475.304, 475.306, 475.320, 475.323, 475.324, 475.860 and 475.864; and declaring an emergency. (b) By a practitioner, or by an authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale. { - (16) - } { + (17) + } 'Marijuana' means all parts of the { - plant - } Cannabis { + plant + } { - family Moraceae - } , whether growing or not { - ; the resin extracted from any part of the plant; - } and every compound, manufacture, salt, derivative, mixture, or preparation of the plant { - or its resin. It - } { + . 'Marijuana' + } does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks { - (except the resin extracted therefrom) - } , fiber, oil { - , - } or cake, { - or - } the sterilized seed of the plant { - which - } { + that + } is incapable of germination { + or hashish + }. [snip] (6) 'Marijuana' has the meaning given that term in ORS 475.005. (7) 'Marijuana grow site' means a location where Marijuana is produced for use by a registry identification cardholder and that is registered under the provisions of ORS 475.304. { + (8) 'Mature Marijuana plant' means a Marijuana plant that is not a seedling or start. 'Mature Marijuana plant' includes plants that have been harvested and are in the process of drying. + } { - (8) - } { + (9) + } 'Medical use of Marijuana' means the production, possession, delivery, or administration of Marijuana, or paraphernalia used to administer Marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of the person's debilitating medical condition. [snip] Status:
03/10 (S) Introduction and first reading. Referred to President's desk.
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> Modifies provisions of Oregon Medical Marijuana Act. > Declares emergency, effective on passage. Relating to medical Marijuana; amending ORS 475.304, 475. ... shall establish by rule a Marijuana grow site registration system to authorize production of Marijuana by a registry identification cardholder ... A BILL FOR AN ACT Relating to medical Marijuana; amending ORS 475.304, 475.309, 475.312 and 475.331; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 475.304 is amended to read: 475.304. { - (1) - } { + (1)(a) + } The Department of Human Services shall establish by rule a Marijuana grow site registration system to authorize production of Marijuana by a registry identification cardholder, a designated primary caregiver who grows Marijuana for the cardholder or a person who is responsible for a Marijuana grow site. The Marijuana grow site registration system adopted must require a registry identification cardholder to submit an application to the department that includes: { - (a) - } { + (A) + } The name { + , date of birth and address + } of the person responsible for the Marijuana grow site; { - (b) - } { + (B) + } The address { + , including the street name and number, + } of the Marijuana grow site; { + (C) The tax lot number as depicted on a current certified copy of a tax lot map from the county assessor; + } { - (c) - } { + (D) + } The registry identification card number of the registry cardholder for whom the Marijuana is being produced; { + (E) A statement, signed under penalty of perjury by the registry identification cardholder and any other person who is responsible for the Marijuana grow site, attesting to the accuracy of the application; + } and [snip] Status:
03/10 (S) Introduction and first reading. Referred to President's desk.
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> Modifies provisions in Oregon Medical Marijuana Act related to designated primary caregivers. > Declares emergency, effective on passage. Relating to designated primary caregivers; amending ORS 475. ... the person responsible for a Marijuana grow site that is producing Marijuana for the cardholder and is ... the person responsible for a Marijuana grow site that is producing Marijuana for the cardholder and is ... A BILL FOR AN ACT Relating to designated primary caregivers; amending ORS 475.306, 475.309 and 475.312; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 475.312 is amended to read: 475.312. { + (1) Except as otherwise provided in ORS 475.309 (3), a designated primary caregiver may assist a person who possesses a registry identification card in the medical use of Marijuana if the cardholder's attending physician certifies that a caregiver is medically necessary because the cardholder is: (a) Severely ill; and (b) Physically incapacitated or debilitated to the degree that a caregiver is required for the daily physical care of the patient. + } [snip] { + (4) A cardholder who has a designated primary caregiver may not be a designated primary caregiver or a person responsible for a Marijuana grow site. (5) A person may not be a designated primary caregiver for more than two cardholders at any given time. + } SECTION 2. ORS 475.309 is amended to read: 475.309. (1) Except as provided in ORS 475.316, 475.320 and 475.342, a person engaged in or assisting in the medical use of Marijuana is excepted from the criminal laws of the state for possession, delivery or production of Marijuana, aiding and abetting another in the possession, delivery or production of Marijuana or any other criminal offense in which possession, delivery or production of Marijuana is an element if the following conditions have been satisfied: (a) The person holds a registry identification card issued pursuant to this section, has applied for a registry identification card pursuant to subsection (9) of this section, is the designated primary caregiver of the cardholder or applicant, or is the person responsible for a Marijuana grow site that is producing Marijuana for the cardholder and is registered under ORS 475.304; and (b) The person who has a debilitating medical condition, the person's primary caregiver and the person responsible for a Marijuana grow site that is producing Marijuana for the cardholder and is registered under ORS 475.304 are collectively in possession of, delivering or producing Marijuana for medical use in amounts allowed under ORS 475.320. [snip] Status:
03/10 (S) Introduction and first reading. Referred to President's desk.
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> Modifies provisions of Oregon Medical Marijuana Act. > Declares emergency, effective on passage. Relating to compliance with the Oregon Medical Marijuana Act; creating new provisions; ... ... shall establish by rule a Marijuana grow site registration system to authorize production of Marijuana by a registry identification cardholder ... A BILL FOR AN ACT Relating to compliance with the Oregon Medical Marijuana Act; creating new provisions; amending ORS 475.304, 475.306, 475.309, 475.316, 475.320, 475.323 and 475.324; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 475.304 is amended to read: 475.304. { - (1) - } { + (1)(a) + } The Department of Human Services shall establish by rule a Marijuana grow site registration system to authorize production of Marijuana by a registry identification cardholder, a designated primary caregiver who grows Marijuana for the cardholder or a person who is responsible for a Marijuana grow site. The Marijuana grow site registration system adopted must require a registry identification cardholder to submit an application to the department that includes: { - (a) - } { + (A) + } The name of the person responsible for the Marijuana grow site; { - (b) - } { + (B) + } The address of the Marijuana grow site; { - (c) - } { + (C) + } The registry identification card number of the registry cardholder for whom the Marijuana is being produced; and { - (d) - } { + (D) + } Any other information the department considers necessary. { + (b) A Marijuana grow site may not be operated at an address that is within 1,000 feet of a school in violation of ORS 475.858. + } [snip] Status:
03/10 (S) Introduction and first reading. Referred to President's desk.
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> Modifies requirements for obtaining marijuana grow site registration card.
A BILL FOR AN ACT Relating to medical Marijuana; amending ORS 475.304, 475.316, 475.320 and 475.323; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 475.304 is amended to read: 475.304. { - (1) - } { + (1)(a) + } The Department of Human Services shall establish by rule a Marijuana grow site registration system to authorize production of Marijuana by a registry identification cardholder, a designated primary caregiver who grows Marijuana for the cardholder or a person who is responsible for a Marijuana grow site. The Marijuana grow site registration system adopted must require a registry identification cardholder to submit an application to the department that includes: { - (a) - } { + (A) + } The name of the person responsible for the Marijuana grow site; { - (b) - } { + (B) + }The address of the Marijuana grow site; { - (c) - } { + (C) + } The registry identification card number of the registry cardholder for whom the Marijuana is being produced; { + (D) The written agreement described in paragraph (b) of this subsection; + }and { - (d) - } { + (E) + } Any other information the department considers necessary. { + (b) An application for a Marijuana grow site registration card shall include a written agreement authorizing the inspection of the Marijuana grow site and the person, vehicle and residence of the registry identification cardholder, the person responsible for the grow site and the designated primary caregiver, if any. The agreement must authorize an inspection upon the request of any department employee or law enforcement designee of the department at any time between the hours of 8 a.m. and 5 p.m., Monday through Friday, or at any time if a law enforcement designee of the department develops probable cause to believe that the registry identification cardholder, the person responsible for the grow site or the designated primary caregiver, if any, is in violation of the provisions of ORS 475.840 to 475.980. The agreement must be signed by the registry identification cardholder, the person responsible for the grow site and the designated primary caregiver, if any. [snip] Status:
03/10 (S) Introduction and first reading. Referred to President's desk.
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> Approves certain new or increased fees adopted by Department of Human Services. > Declares emergency, effective July 1, 2009. Relating to financial administration of the Department of Human Services; and declaring an ... ... MEASURE. Health Division, Oregon Medical Marijuana Program: (a) New applicants and renewal applicants for a medical Marijuana certificate registration, non-food ... Status:
01/12 (S) Introduction and first reading. Referred to President's desk.
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2012, Legislative items
I - 9, Oregon Cannabis Tax Act (OCTA). [Legalization]
I - 24, Oregon Marijuana Policy Intiative (OMPI). [Legalization]
Initiative by Sensible Oregon; Removes criminal and civil penalties, for adults
21 and over, for possession, cultivation, and use of marijuana. [Legalization]
Initiative by Sensible Oregon; Removes criminal and civil penalties, for adults
21 and over, for possession, cultivation, and use of marijuana. [Legalization]
Initiative by Sensible Oregon; Removes criminal and civil penalties, for adults
21 and over, for possession, cultivation, and use of marijuana. [Legalization]
2011, Legislative items
SB 777, Removes Conditions from Qualifying List.
HB 3202, Guts OMMA for Law Enforcements Sake.
HB 2982, Denies "Card", and Medicine thereby, for Felony Convictions.
2010, Legislative items
I-28, the Dispensary Initiative
I-73, the Oregon Cannabis Tax Act (OCTA) Initiative
2009, Legislative items
I-28, the Dispensary Initiative
SB 388, changes the Program for Law Enforcement; Decreases amount of marijuana that may be possessed by persons responsible for marijuana grow sites to 24 ounces, etc.
SB 426, Expands ability of employer to prohibit use of medical marijuana in workplace
SB 427, Relates to drug-free workplace policies; Requires applicant for medical marijuana registry identification card to notify employer before using marijuana, etc.
HB 956, Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon Association Chiefs of Police, Oregon State Sheriffs' Association, Oregon District Attorneys Association, Oregon Narcotics Enforcement Association and Oregon Partnership) -- Modifies definitions related to marijuana for purposes of certain criminal laws; Declares emergency, effective on passage.
HB 957, Modifies provisions of Oregon Medical Marijuana Act; Declares emergency, effective on passage.
HB 958, Modifies provisions in Oregon Medical Marijuana Act related to designated primary caregivers; Declares emergency, effective on passage.
HB 959, Modifies provisions of Oregon Medical Marijuana Act; Declares emergency, effective on passage.
HB 960, Requires Department of Human Services to revoke registry identification card, marijuana grow site registration card or designated primary caregiver identification card of person who refuses inspection; Removes exception from criminal liability for person who refuses inspection; Declares emergency, effective on passage.
HB 2313, a Land Use bill that could effect Dispensarys
HB 2497, Relating to employment; Expands ability of employer to prohibit use of medical marijuana in workplace
HB 2503, Relating to medical marijuana in the workplace; Prohibits discrimination in employment under certain circumstances, etc.
HB 3274, Directs Department of Human Services to establish and operate marijuana production facility and distribute marijuana to pharmacies for dispensing to medical marijuana cardholders and designated primary caregivers, and more.
HB 3371, Relating to driving under the influence of marijuana; declaring an emergency.
2007, Legislative items
SB465, a Fire-em-All-and-let-God-sort-out bill
2005, Legislative items
SB1085, needs your attention
HB2693, the "dumb bill gone bad" bill
HB3457, the "Forfeiture" bill
SB717, the anti-Medical Marijuana bill
SB772, the pro-Medical Marijuana bill
HB2485, the anti-Meth & Marijuana bill
SB294, the Hemp bill
SB397, Denies Benefits
HB2695, DUI & 2nd-Hand Smoke
HB5077, the "Rob the Sick and Dying Pot-heads" bill
2003, Legislative items
HB2939, a previous bad Medical Marijuana bill
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