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Oregon Medical Marijuana Program

What Conditions Can Be Treated with Medical Cannabis?

Basic Facts

• It is the mission of the Oregon Medical Marijuana Act to protect those patients who use marijuana medically from state criminal prosecution by complying with the state’s requirements.

• "The (state) Act neither protects marijuana plants from seizure nor individuals from prosecution if the federal government chooses to take action against patients or caregivers under the federal Controlled Substances Act."

• People residing in or out of Oregon may submit an application for card issuance as long as the application documents are duly accomplished and approved as well as verified by the staff of OMMP. The card issued is only honored within Oregon unless there is a law in the other state that honors medical marijuana cards issued from a different state. It is the patient’s own risk to produce, possess, or even deliver medical marijuana to a different state without the proper documents and cards required by that state.

• If you have a medical marijuana growing site, it must be included in the list of grow sites in Oregon.

• To be able to produce and possess medical marijuana, you should have a medical condition that is qualified and listed in the Statement of the Attending Physician.

• There should be an established relationship between the patient and the attending physician who must be a licensed medical doctor or MD, or a Doctor of Osteopathy in the state of Oregon.

• It is the responsibility of the patient to find his or her own physician. The OMMP has no physician list so they are unable to provide referrals.

• Application must be paid in cash and should be paid in full. Any credit card, partial payment, or requests for waiving of charges will not be honored.

• Upon accomplishing an application, a grow site should be indicated. There is no place in the state of Oregon that sells medical marijuana so you and your caregiver or a grower should grow your own supply.

• It is the responsibility of the patient to find their own caregiver. The OMMP does not refer caregivers. The physician and the caregiver should be two different persons. Only patients below the age of 18 years will be required to list a caregiver.

• The OMMP has no direct communication with their patient’s caregivers. So if the patient wishes to change their caregivers, it is their responsibility to notify them and to explain to them that the change would remove their protection as indicated in the law.

• The OMMP does not communicate with anyone but the patient. So when it comes to releasing information, only written and signed requests from the patient will be honored and not from your caregiver or physician.

• The OMMP only issues you cards to protect you with regards to medical marijuana possession. Starter kits or advices with regards to the usage or production of medical marijuana can not be supplied by the OMMP.

Does the program provide protection as to my confidentiality? Yes. Your confidentiality is indeed protected! • The OMMP operates within an office that is locked and secured.

• All paperwork and computer files are locked in a secure location by the OMMP when these files are not being used.

• The OMMP database may only be accessed by state or local law enforcement agency employees that are authorized to conduct verification with regards to the lawful possession of a medical marijuana registry identification card by the patient as well as the caregiver and to verify the legality of the medical marijuana grow site. ORS 475.331 does not authorize access due to determination of medical marijuana usage, only to verify possession.

• The OMMP practices a “yes” or “no” verification method wherein they only answer specific questions asked such as (1) if a patient has a valid registry identification card issued to him or her; (2) if a caregiver is indeed a caregiver of a registered patient; (3) if the patient has an application being processed; or (4) if a grow site is listed and registered.

• The OMMP staff can only give out information to law enforcement officers if the queries are accompanied by a specific name or address to be able to verify other information needed. With the lack of specific details, all information will be stated as confidential and the OMMP staff would not give them out.

• The OMMP complies and follows all policies of the Department of Human Services with regards to HIPAA or the Health Insurance Portability and Accountability Act. For example, the HIPAA has terminologies such as “identified data”, which includes specific data like names or dates of birth, as well as “de-identified” or “non-identifying data”, which means protected data about specific patients.

• With regards to situations such as newspaper or TV report interviews, the OMMP would only provide general information and counts, not specific identifying details such as names, addresses, and birth dates. With regards to providing a count, they are also careful in protecting the actual number of registered users in less populated areas by combining their actual count with other areas.

• Other information requested will only be provided by the OMMP staff if and only if it is accompanied by a written request from the patient himself stating the specific information being requested.

Keyword defined (5) The term “delivery” pertains to the actual transfer, whether constructive or attempted, aside from the administration or the dispensation from one party to another of the controlled substance, which is medical marijuana, with or without the presence of an agency relationship. This, however, does not include any transfer from one patient to another with paid consideration.

The phrase “designated primary caregiver” pertains to an individual who is at least 18 years old and who is capable and responsible enough to handle the management of the well-being of a patient with a debilitating medical condition that requires the patient to register for a medical marijuana card. The “designated primary caregiver” is also the caregiver listed on the patient’s application form as their official caregiver.

(8) The term “grow site registration card” is the title applied on the card issued to the patient. This is also the same card required to be displayed at he patient’s grow site. (9) The word “grower” is also defined as the “person responsible for marijuana grow site”. (10) The term “immature plant” is also defined as “start or seedling”. (11) “Marijuana” pertains to all the parts of the cannabis plant from the Moraceae family. This includes marijuana whether it is growing or not as well as any resin extraction from any part of the cannabis plant. This also includes every compound, salt, derivative, mixture, the manufacturing, as well as the preparation of either the plant or its extraction. This identification of “marijuana” does not include the plant’s mature stalks as well as any fiber, oil, or cake made from its seeds and mature stalks. (12) When it says “mature plant”, this means a marijuana plant that does not fall under the category of seedling or start. (13) The phrase “medical use of marijuana” pertains to producing, possessing, delivering, or administering of the said plant. This also includes any paraphernalia used to be able to administer marijuana as per the requirements depending on the medical condition of the patient. (15) The “OMMP identity card” is a wallet-sized card issued by the OMMP along with the registry identification card also issued by the said department to permit the applicant or patient to have access to medical marijuana. (25) The dried parts of marijuana, including the leaves and the flowers as well as any mixture or preparation, are called “usable marijuana”. These are the parts that are appropriate for use by the patient and do not include the seeds, the stalks, as well as the roots.

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