Summary:
House Bill 3274 is Sponsored by Representatives MAURER, TOMEI, THOMPSON, HARKER; Representatives BARKER, BENTZ, BERGER, BRUUN, GARRETT, GILLIAM, GILMAN, GREENLICK, HANNA, JENSON, KOTEK, KRIEGER, OLSON, RICHARDSON, SCHAUFLER, G SMITH, SPRENGER, WEIDNER, Senators BURDICK, KRUSE, METSGER
-- Relating to medical Marijuana; appropriating money; providing for revenue raising that requires approval by a three-fifths majority.
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. + }
The text on this Bill can be found in PDF format at:
http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3274.intro.pdf
Status:
03/11 (H) First reading. Referred to Speaker's desk.
03/12 (H) Referred to Business and Labor with subsequent referral to Revenue.
03/18 (H) Public Hearing held.
Testifying
Each speaker called to testify will have two minutes to address the
committee. The order of testimony may be managed to ensure that all
points of view on these measures are presented.
Staff respectfully requests that you submit 25 collated copies of written
materials at the time of your testimony and, if possible, an electronic
copy of materials provided to staff 24 hours prior to the meeting.
Persons making presentations including the use of video, DVD, PowerPoint or
overhead projection equipment are asked to contact committee staff and
provide an electronic copy 24 hours prior to the meeting.
Whether you want to testify or not, it would be good to come to Salem for any hearings. It
would be especially good to try to schedule a meeting with your Senator -or- Representative
before the meeting, possible.
As with coming to court, if you decide to attend hearings, please dress appropriately and be
polite and respectful.
click here -
http://www.leg.state.or.us/capinfo/
- for Capitol Info, such as directions, phone numbers and maps.
If you cannot attend, Please write and testify.
You can find wording of the measures here:
http://www.leg.state.or.us/bills_laws/
you can listen to the hearings online here
http://www.leg.state.or.us/listn/
Details:
> 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.
A copy of the Bill may be found online at:
http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3274.intro.pdf
. and here .
http://www.leg.state.or.us/09reg/measures/hb3200.dir/hb3274.intro.html
LTL (Letters-To-yer-Legislator, Editor, Org Director, Biz Owner)
you can send identical emails to every oregon senator (which will show
as individual emails from you, to that senator) by sending To:
orsen@oreg.net
you can send identical emails to every oregon representative (which will
show as individual emails from you, to that representative) by sending
To: orhouse@oreg.net
NOTEs -
MAP's media resource center:
http://www.mapinc.org/resource/
If you go to about the middle of the page you will find the "Style
Guide" with links to:
• MAP Letters to the Editor Archive
• Tips for Getting Letters to the Editor Published, by Platinum Letter
Writer, Robert Sharpe
• Letters to the Editor & Opinion Pieces, American College of Emergency
Physicians
• MAP Three Tips for Letter Writers
• Powerful Paragraphs, ClearWriter's ClearTips
• How to Write Letters to the Editor, Schaffer Library of Drug Policy
• Grammar Bytes!, Grammar Instruction with Attitude
• How to Communicate with Journalists, Fairness and Accuracy in
Reporting
• Letter Writer's Style Guide, by Chris Donald
• Writing Effective Letters to the Editor, 20/20 Vision
respectfully, we suggest two main rules-of-thumb for letter writing
to improve the liklihood of being published.
1. Write short declarative sentences as if you were speaking to a
child, a small animal or a judge.
2. Limit yourself to 150 words.
Best of luck.
Here is .
Examples -
Example #1
Representative Ron Maurer is to be commended for his apparent interest in assisting medical Cannabis users in obtaining that medicine. However, his interest would have perhaps better coincided with the actual interests and needs of Oregon's medical Cannabis users had he first discussed those needs with them before crafting HB 3274. The current bill reflects both a lack of that contact and an over reliance on law enforcement representatives for information regarding the Oregon Medical Marijuana Program. As such it must be seen as just another of the 30+ bills introduced this legislative session in a coordinated effort by the OMMP's traditional enemies. Combined, these bills would effectively dismantle the program and bar those who need medical Cannabis from employment.
As one of the authors of the Oregon Medical Marijuana Act and as the Vice-Chair of the Department of Human Services Advisory Committee on Medical Marijuana I can assure you that the medical marijuana program is certainly not in shambles. The one shortcoming with the overall situation is a shortage of adequate amounts and varieties of medicine to serve the total needs of medical Cannabis users. A logical solution is also present in the legislature this session, SB 812, which would license growers and non-profit dispensaries with significant financial returns to the state government with no required massive general fund expenditure as called for in HB 3274. SB 812 recognizes that even multiple growers and dispensaries, let alone one central garden, can not supply all patients with the proper variety and amounts of medicine and thus allows continuation of self supply.
That lack of ability of even multiple growers to supply the needed different varieties and amounts was recognized in legislation introduced last session by medical Cannabis advocates which call for setting up a similar type of state run garden but again, left intact the ability of patients to self supply. It is noteworthy that all proposals offered by people actually involved in helping patients obtain their medicine include the continuance of self supply while HB 3274, written without input by the people affected, does not. Patients know that differing varieties, with differing cannabinoid profiles are useful in treating different maladies or used in combination in treating one malady. Self supply allows a patient to grow the appropriate variety or varieties to suit their exact needs. Self supply also allows patients to obtain medicine at little or no cost by growing rather than buying their medicine.
The justification offered for HB 3274 is the supposed diversion of medical Cannabis to the illicit market. Undersheriff Fashing's claim that such diversion is one of the "biggest" problems he faces reflects both the current anti-OMMP litany used by the law enforcement chorus in Oregon and a significant lack of reality concerning medical Cannabis growers. Although law enforcement has long claimed similar abuses of the program they can not produce evidence of that abuse. Granted, while there may be a handful annually of spectacular busts, most "abuse" involves growers who have one or two plants over the limit of plants or usable Cannabis and the annual total of prosecutions for that "abuse" amounts to fewer than 1% of all 20,000 OMMP registrants. It the number of convictions which determines "abuse", not pictures of big plants. Any other law with that compliance rate would be considered an outstanding success.
Concerns about robbery of patients are appropriate. What is not appropriate is implying that the blame for that lies with the OMMP registrants. What would be appropriate would be a uniformly firm law enforcement response to such robberies throughout the state. As it stands now, many law agencies limit involvement to taking a report, even where staffing is adequate. They are letting their anti-Cannabis prejudice affect their duty and thus allowing thieves to have confidence they will remain unpunished- even if they are identified. I suggest that far more Cannabis is diverted to the illicit market through theft than through sales by growers.
When HB 3274 is heard on March 18 Rep. Maurer will have the weaknesses of his bill explained in detail to him by the ones who would be directly affected by its language, medical Cannabis users. While his bill is fatally flawed, Rep. Maurer would find those same persons ready and willing to work with him to craft a version which would be a positive addition to the range of supply sources available to medical Cannabis users and yet does not rely on non-existent money from the General fund.
|
NOTEs on Action Items,
Protest and Demo,
Examples & Notes
Will be posted as we learn about them.
Communicate!
Questions? Comments?
Need some info?
Got some info? NetWork!
E-Mail us or
visit the Bulletin Board for
further comments on this Bill -or- to post your own.
Link Summary:
For reference, tools, etc.
-
H.B. 3274. Text of the Bill.
-
Index to Bills, and other items. Your Legislation Station.
-
ToolShed. Tips, Tools and Tricks.
|