What are the Legal Requirements for Cardholders and Growers?
You will receive a wallet sized registry card from OMMP for Yourself, Your
Caregiver (if you chose to have one) and the person responsible for your garden.
This card protects the person responsible for the grow site while growing medical marijuana for
you. Every patient, caregiver and grower must carry his or her wallet-sized registry identification
card, temp (safety packet) or state letter at all times when in public and possess medical
marijuana. The “Placard” which accompanies the card for the person responsible for the grow
site must be displayed at the garden. If the patient changes their caregiver or grower, the
patient must return the old caregiver or grower cards and placard to the OMMP. Patients must
notify OMMP of any changes in contact information, caregivers, or growers and grow site with
in 30 days of the change by filling out a “Change Request Form”. If the patient changes the
caregiver or the grow site, the patient must inform them that they are being replaced. Once you
have made the changes, the person who was helping you is now subject to arrest and
prosecution and needs to know for protection from these possibilities. The Oregon Medical
Marijuana Act does not protect cardholders from federal government prosecution.
Medicine must be provided to the patient for “no consideration” which means no
money or anything of value may be charged. A registry identification card holder
or the designated primary caregiver of the card holder may reimburse the person
responsible for marijuana grow site for the cost of the supplies and utilities
associated with the production of marijuana for the registry identification card
holder. This is NOT required. It is advised that you, the patient, your caregiver & grower should
have a clear understanding with each other of mutual expectations.

What are my responsibilities as a patient, caregiver or grower?
As a patient, you are to keep in communication with your caregiver & grower
about status of your medicine. A caregiver is responsible for pick up /
delivery of meds to the patient. The grower is to keep in communication
with the patient and/or caregiver about meds status, grow cards,
registration, delivery, etc. Medical Marijuana plants are property of the
patient & grower. All usable Marijuana, Plants, Seedlings & seeds associated
with the production of marijuana for the patient must be provided to the
patient upon the agreed delivery. It is essential to have a clear
understanding with your caregiver & grower about your mutual expectations,
or put it in writing.

Do I have to tell the OMMP if I change my mailing address, add or remove a designated primary
caregiver, person responsible for grow site, or change my grow site address?
The answer to all these questions is “yes”. You are required to tell the OMMP in writing of any such changes
within 30 days of the change. The OMMP does not accept changes of information over the
telephone. The OMMP only accepts written changes about the patients address, designated
primary caregiver, person responsible for a grow site, or grow site from the registered patient.
You must send your “change request form” to the OMMP by mail. You will get written
confirmation from the OMMP that the change was received. Your changes will be made in our
computer database and will be put in your file. You will be protected from civil and criminal
penalties for these changes. If you change your caregiver and/or grower, you will be asked to
return your old caregiver and/or grower card within 7 days.

Where can I use my medication?
The Law specifies the medical cannabis must not be used in public view or in a
public place. Remember that you may not be under the influence of medical
cannabis while driving. When transporting medicine. Be discreet. You are required
to carry and present your registry card (safety packet) to the police if requested,
so keep it with you if you carry medicine in public.
If your plants are stolen, report the theft immediately to the local law
enforcement.

I do not have the money for the application fee. Is it a one-time payment? Can it
be waived? Can I make installment payments? Will my insurance pay? Can I pay
with my credit card?
The answer to all these questions is “no”. The fee must be paid in full with each
new or renewal application. Make your check or money order payable to “DHS/OMMP”. Cash
payments are no longer accepted at the State Office Building cashiers
office in Portland. A 10-day hold will be placed on the issuance of cards
paid by personal check.

Why do I need to have a physician sign and date the form or send a chart
note to the OMMP? Why cant I just provide my medical records?
According to the Oregon Medical Marijuana Act (Section 3 (2)(a)),
and OAR 333-008-0020(1)(c), A physician must state in writing that
the patient has a qualifying debilitating medical condition and
that medical marijuana may mitigate the symptoms or effects of
that condition. The OMMP contacts each physician during the
application process to verify the patient is under the physicians care.
A signed and dated “Attending Physicians Statement,” copies of chart
notes or medical records must be current within 12 months of the date of
a persons new or renewal application.

Why are only MDs (Medical Doctors) and DOs (Doctors of Osteopathy)
qualified to sign the “Attending Physicians Statement” of the application?
Why not naturopaths, chiropractors, or nurse practitioners? Does the
physician have to be licensed in Oregon?
The Oregon Medical Marijuana Act states that an “attending
physician” means . Doctor of Medicine (MD) or Doctor of Osteopathy (DO)
licensed under ORS chapter 677 (OAR 333-008-0010(3)). MDs and DOs .re
the physicians licensed under this chapter. The law also specifies that a
physician must be licensed in Oregon. The OMMP verifies with the Board of
Medical Examiners that each patients attending physician has . valid
license to practice medicine in Oregon
and has no disqualifying restrictions.

Do I have to list a “Grower” & “Grow site” address on my application (that is, the address where I plan to grow my medical marijuana)?
No & Yes. You do NOT have to list a Grower. If you choose to leave your application blank in the
“Grower” box, you will only be able to obtain your medicine at a dispensary. If you DO list a grower,
then Yes, you need to also fill in a “Grow site”. This is still true if you are going to be your own grower. If you do have a grower listed, you can still obtain meds from a dispensary.

Do I have to tell my landlord that I am a patient in the OMMP? Can my
landlord evict me if I am a patient in the OMMP and have my grow site in
my rental housing? Can I live in subsidized housing and be a patient in the
OMMP?
It is up to you to decide whether or not to tell your landlord that you are a
patient in the OMMP. Nothing in the OMMA specifically addresses whether or
not you can be evicted because you are a patient in the OMMP, even if you
have only the amount of medical marijuana allowed by law. Nothing in
OMMP laws specifically addresses whether or not a person can be an
OMMP patient and live in subsidized housing. If you have questions about
these important issues, the OMMP recommends you talk to an attorney to
learn about your rights and protections.

Do I need to keep a copy of my application and any other information I
send to the OMMP?
Yes! Per ORS 475.309(9) If your application has not yet been approved,
denied or terminated you may provide law enforcement with a copy of your
written documentation submitted to the department; you must also submit
proof of the date of mailing or other transmission of the documentation
(Safety Packet). This documentation shall have the same legal effect
as a registry identification card, until such time as you receive your card or
you have received notification that your application has been approved,
denied or terminated.

Is the Oregon Medical Marijuana. Act recognized by other states? Can I
travel to another state with medical marijuana.and my OMMP registry
identification card and not be arrested or charged with civil or criminal penalties?
At this time, the OMMP is not aware of any “reciprocity” agreements with any
other states to honor the Oregon law. This includes even those states that
have medical marijuana laws of their own, such as California. Because
Medical Marijuana programs vary by state, you may want to contact
the state you are traveling to for information on their laws.

Is my confidentiality protected?
Yes. The OMMP does not give out lists of patients, caregivers, or growers. Law
enforcement personnel may contact the OMMP or access the 24/7 Law
Enforcement Data System (LEDS) only to verify a specific name or address
of a patient, caregiver or person responsible for . grow site. The OMMP will
tell law enforcement staff if the patient, caregiver, or address in question is
registered, or if an application is in process. The OMMP will disclose patient
information to others only at the specific written request of the patient. OMMP
computer files are secure and paper files are kept locked when not in use.

What should I tell my employer if I am subjected to a drug test?
The Oregon Medical Marijuana Act states that employers are not required
to accommodate employees who use medical marijuana. You may wish to
consult an attorney about whether or not to tell your employer that you are
a patient in the OMMP. A patient may contact the OMMP in writing to ask
the Program to release information about the patients registration to an
employer.

I live within 1000 feet of a school, AKA .“drug free zone”. Can I still grow and/or
possess my medical marijuana there?
The Oregon Medical Marijuana Act
(OMMA) does not address this issue. You may wish to contact an attorney
about this issue. You are NOT allowed to have a “Recreation” grow site less than
500 feet from a school zone.

Can I have someone else sign and date my application as a“proxy”?
Yes, as long as the individual signing your application identifies him or herself
as your proxy next to his or her signature on your application or has provided
documentation showing guardianship or power of attorney.

How are the laws and rules of the OMMA enforced?
The OMMP enforces the registration process making sure applications are
complete before issuing a registry identification card, terminating incomplete
or fraudulent applications, and suspending cards if persons commit
violations of the OMMA. The OMMP verifies the names and addresses of
patients, caregivers, and grow sites with local and state law enforcement
personnel if they call the OMMP requesting such information. Local and
state law enforcement agencies enforce the OMMA around the State, they
may verify with the OMMP at any time whether a particular patient,
designated primary caregiver, person responsible for a grow site, or grow
site location is registered with OMMP. Local and state law enforcement
personnel may take any action they believe is necessary to enforce the
criminal laws of the State, including violations of the OMMA. Local and
state law enforcement actions may vary from county-to-county and
district-to-district. The OMMP has no authority to direct the activities of
local and state law enforcement agencies.

Can I use marijuana while on parole/probation if I have an OMMP
card?
The authorities that are responsible for your
probation/parole/post-prison supervision can impose restrictions on
your possession and use of medical marijuana as a condition of
your supervision, even if you have a valid OMMP card. Most offenders’
supervision is subject to an “obey all laws” condition. Since
marijuana possession and use is illegal under federal law, the
Oregon Department of Justice has concluded that supervisory
authorities can sanction an offender for possessing marijuana, even
if he or she has an OMMP card. Sanctions could result in your arrest
and return to jail. If you are on probation, parole, post-prison
supervision, or other form of conditional supervision for conviction of a
crime, you should consult with your parole and probation officer
regarding whether your possession or use of marijuana may subject
you to sanction for violation of the conditions of your supervision.” The
OMMP will revoke the card of a card holder if a court issues an order
that prohibits the cardholder from participating in the medical use of
marijuana or otherwise participating in the OMMP.

Who qualifies for the reduced state fee?
Veteran = $20 SSI = $20 OHP = $50 SNAP = $60
To be eligible for any reduced fees, the patient must provide current proof of the benefit.
The patient must provide a current eligibility statement at the time he or she is
submitting his or her medical marijuana application.
Programs that DO NOT qualify for a reduced fee are as follows but not
limited to: Social Security Disability Insurance (SSDI), Social Security Benefits
(SSB), or Medicare. A copy of your Food Stamp card (Oregon Trail Card)
alone is NOT proof of eligibility.

Can a patient withdraw from the program?
Yes. A patient must submit a written statement that he or she wishes to
withdraw from the Program. The Program will request that all cards be
returned and the file will be closed. The patients card and all cards
associated will be voided. It is the responsibility of the patient to notify his or
her grower and caregiver, if applicable, that his or her card is no longer
valid. It is the patients responsibility to collect all cards associated with his
or her patient card and return them to the department. If the Department is
notified by the patient that he or she would like to withdraw from the program,
the Department shall notify the primary caregiver and/or grower by mail at
the address of record informing the caregiver or grower that his or her card is
no longer valid and must be returned to the Department within 7 calendar
days. All cards must be returned to the Department within seven (7) calendar
days of the date that the Department was notified of withdrawal. If the patient
so chooses he or she may reapply as a new patient at any time. In order to reapply
a patient must submit the required documentation and application fee as outlined
in OAR333-008-0020.

Do patients get a refund if they withdraw from the program?
Yes and No. No refund will be given for patients who withdraw once their cards have been issued. A refund may be given to a patient who withdraws before cards are issued. However, the department may charge a 25% processing fee.

Can SOAM give me legal advice?
No. If you have questions concerning compliance with the Oregon Medical Marijuana Act you should consult a private attorney.