Oregon is the 18th state to have its medical marijuana program examined in a new series of articles which will be sent to all Utah lawmakers when they reconvene in January, 2014.
In a new campaign, grassroots organization UtahCARE – Cannabis Awareness, Respect and Education – will start 2014 by delivering these articles directly to each Utah lawmakers in order to help educate and provide sufficient evidence that the state of Utah could only benefit by legalizing cannabis.
Oregon’s Ballot Measure 67 was approved by 55% of voters on Nov. 3, 1998 and became effective in December 3, 1998 and served to remove state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed recommendation from their physician stating that marijuana “may mitigate” his or her debilitating symptoms.
Conditions approved for treatment with medical marijuana include: cancer, Glaucoma, positive status for HIV/AIDS, or treatment for these conditions, a medical condition or treatment for a medical condition that produces cachexia, severe pain, severe nausea, seizures, including seizures caused by Epilepsy, or persistent muscle spasms, including spasms caused by Multiple Sclerosis.
Other conditions are subject to approval by the Health Division of the Oregon Department of Human Resources.
A registry identification cardholder or the designated primary caregiver of the cardholder may possess up to six mature marijuana plants and 24 ounces of usable marijuana.
A registry identification cardholder and the designated primary caregiver of the cardholder may possess a combined total of up to 18 marijuana seedlings. (per Oregon Revised Statutes ORS 475.300 – ORS 475.346)
The law was first amended on January 1, 2006 through Senate Bill 1085 which indicated that state-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an “affirmative defense” of medical necessity at trial.
Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an “affirmative defense” at trial.
The law also redefined “mature plants” to include only those cannabis plants that are more than 12 inches in height and diameter, and established a state-registry for those authorized to produce medical cannabis to qualified patients.
The next amendment was effective July 21, 1999 when House Bill 3052 mandated that patients (or their caregivers) may only cultivate marijuana in one location, and required that patients must be diagnosed by their physicians at least 12 months prior to an arrest in order to present an “affirmative defense.”
The bill also states that law enforcement officials who seize marijuana from a patient pending trial do not have to keep those plants alive.
In August 2001, program administrators filed established temporary procedures further defining the relationship between physicians and patients.
The new rule defined attending physician as,
“a physician who has established a physician/patient relationship with the patient;… is primarily responsible for the care and treatment of the patients;… has reviewed a patient’s medical records at the patient’s request, has conducted a thorough physical examination of the patient, has provided a treatment plan and/or follow-up care, and has documented these activities in a patient file.”
Oregon voters rejected Measure 74 on November 2, 2010, which would have allowed for the creation of state-regulated dispensaries.
The Oregon Public Health Department approved and added agitation due to Alzheimer’s disease to the list of debilitating conditions qualifying for legal protection in 2012.
On June 6, 2013, the law was again amended through Senate Bill 281, when Governor John Kitzhaber signed the bill which added post-traumatic stress disorder (PTSD) to the list of approved conditions for medical marijuana use.
Governor John Kitzhaber signed next signed House Bill 3460 on August 14, 2013, thereby creating a dispensary program by allowing the state licensing and regulation of medical marijuana facilities to transfer marijuana to registry identification cardholders or their designated primary caregivers.
Is is by sharing these types of articles that cannabis advocates from groups such as UtahCARE – Cannabis Awareness, Respect and Education – will continue to educate Utah lawmakers about the benefits of cannabis and propel the movement forward to legalize throughout the state of Utah.
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