Oregon Medical Marijuana History And Regulations
Posted by Safe & Vault on Jan 14, 2015
In 1998, Oregon became one of the first states to put before its citizens a bill to decriminalize marijuana for medicinal purposes. Ballot Measure 67 was presented before Oregonians. When put to a vote the measure was passed by a margin of 54.6% to 45.4%. In 1999 the measure was implemented as Oregon Revised Statute 475.300 (ORS 475.300).
Oregon has been a benchmark for other States in the Union who have passed medical marijuana legislation, and multiple States have asked for assistance and information with regards to implementing their own legislation for medical marijuana regulations.
The OMMP or Oregon Medical Marijuana Program was developed specifically for providing Oregon residents with literature and information on programs available within the state. An easily-navigated website, and handbook are accessible to patients (and potential patients) at any time to assist in providing Oregonians with answers to any questions they may have with regards to ORS 475.300.
Initially when ORS 475.300 was passed in 1999, a physician could not actually prescribe medical marijuana for a patient, but could only make a written statement declaring the physicians feeling that marijuana would benefit the patient in question. A patient who was deemed to be a candidate for medical marijuana use would have to cultivate their own marijuana.
In 2009 marijuana was reclassified in the State of Oregon as a Schedule II narcotic. This afforded physicians the ability to actually prescribe medical marijuana for their patients. This also established a regulatory basis for patients, caregivers, physicians, and dispensaries of marijuana. As of April 1st, 2009, 20,974 patients in the state of Oregon were receiving medical marijuana.
In the “Findings” section of ORS 475.300, the State of Oregon presented four critical reasons for the decriminalization of marijuana for medical purposes.
- Marijuana is an effective treatment for debilitating conditions.
- Oregon residents should be able to use small amounts of marijuana without the fear of civil or criminal penalties if a certified physician believes it will offer a benefit to a patient.
- ORS 475.300 gives patients the ability to get the professional advice of a medical doctor.
- ORS 475.300 is intended to make only the changes necessary to protect patients and physicians from criminal and civil penalties. It is NOT intended to change any laws regarding marijuana for recreational use.
Security Safes & DEA Approved Storage of Schedule I & Schedule II
ORS 475.300(A) (“Definitions”) mandates that dispensaries must comply with “installing a minimum security system, including video surveillance, alarm system, and safe. With regard to storage and containment of marijuana and all other Scheduled drugs, Oregon also complies with the laws established federally by the Drug Enforcement Administration (DEA). Regulations under Title 21 of the Code of Federal Regulations Part 1301 specify that, in the instance of small amounts of the drug permit, a safe or steel cabinet may be used. The safe or cabinet must provide;
- 30 man -minutes against surreptitious entry
- 10 man-minutes against forced entry
- 20 man-hours against lock manipulation
- 20 man-hours against radiological techniques
The Code also states that if a safe or steel cabinet weighs less than 750 lbs., it must be bolted or cemented to the floor in such a way that it cannot be removed. Depending on the quantity and type of the substance(s) being stored, the safe or cabinet must be equipped with an alarm system which, upon attempted break-in, shall transmit a signal directly to a central protection company or State police agency which has a legal duty to respond, or a 24-hour control station operated by the registrant, or such other protection.
On March 19th, 2014, Senate Bill 1531 was filed in the state of Oregon. With the passing of SB 1531 on September 24th, 2014, Oregon became the third state to decriminalize marijuana for recreational (non-medical) use.