News (Media Awareness Project) - US OR: Here's How The Medical Marijuana Law Works |
| Title: | US OR: Here's How The Medical Marijuana Law Works |
| Published On: | 2001-02-03 |
| Source: | Register-Guard, The (OR) |
| Fetched On: | 2008-01-27 01:05:17 |
HERE'S HOW THE MEDICAL MARIJUANA LAW WORKS FOR PATIENTS
Questions and answers about the Oregon Medical Marijuana Act:
Q: How does the law work.
A: Patients suffering a "debilitating medical condition" can register
with the state Health Division and obtain a laminated, wallet-size
card, certifying that they're exempt from the state's marijuana laws,
within certain limits.
Q: How do people obtain a card.
A: A medical doctor or osteopath must certify that they have one of
the maladies specified in the law, and that marijuana "might mitigate"
its effects. Applicants send the doctor's chart note or a form signed
by the doctor, a completed form, along with $150, to the state Health
Division. After verifying the information, the Health Division will
send a card within 30 days.
Q: What maladies qualify under the law.
A: Cancer, glaucoma, HIV and AIDS, Alzheimer's disease, as well as any
condition that causes cachexia (wasting disease), severe pain, severe
nausea, seizures and persistent muscle spasms.
Q: Why does the state charge for the right to use medicine.
A: The program is entirely funded by the $150 fee. It's a hardship for
many, but one advocate notes that the fee is cheaper than buying
marijuana on the street, where an ounce sells for $400 (more than the
price of gold). And it's cheaper than hiring a lawyer if a person gets
arrested.
Q: Will doctors get in trouble if they participate in the
program.
A: Though Oregon and eight other states now allow the use of medical
marijuana, federal law continues to view it as a drug with no
legitimate medical benefits. As a result, many doctors won't recommend
marijuana for fear of losing their federal license to prescribe drugs.
But as long as doctors don't write a prescription, it's unlikely they
will get in trouble for making a chart note or signing a form.
Q: Why not.
A: Doctors reason that discussions with patients about their medical
conditions and potential treatments are protected speech under the
First Amendment. And a federal judge issued a permanent injunction in
September ruling that doctors could recommend marijuana to patients
without fear that federal authorities could strip them of their
license to prescribe medicine.
Q: Some worry that people could learn the identities of medical
marijuana patients. Who has access to the registry of medical
marijuana patients.
A: Only the three people who work in the Oregon medical marijuana
program office. They keep the registry on a computer Zip drive
connected to a non-networked computer. The drive is locked in a
cabinet at the end of each day.
Q: Once people have a card, how do they get marijuana.
A: This is where it gets tricky. People must obtain seed or cuttings
(also called clones) and find an area in their home or yard to grow.
Cooperatives and patient networks are forming to help new patients,
and books are available for people learning to grow.
Q. What happens if police check out plants.
A: Under the law, police are supposed to call the medical marijuana
office and check to see if someone has a card before busting in. If
officers do visit a home, people should display their card.
Q: How much marijuana can people grow and possess.
A: The law permits each cardholder to have a total of seven plants:
three mature, or budding, plants, and four immature plants. Those
growing for themselves can possess three dried ounces - one for each
mature plant. If someone else is growing for the cardholder, the
patient can possess one dried ounce.
Q: If plants produce extra marijuana, can cardholders sell the surplus
to another patient.
A: No, but cardholders can give another patient up to one dried
ounce.
Q: What about patients who don't have the time or know-how to grow
marijuana.
A: They can designate a caregiver, who will also receive a card and be
permitted under law to grow plants.
Q: Can patients pay caregivers for the marijuana they
provide.
A: No.
Q: Can patients compensate caregivers for their time, labor and
materials.
A: This is a gray area. "It depends on the situation, and how
specifically you define compensation," said state attorney general
spokesman Kevin Neely. Said Phil Studenberg, a Klamath Falls lawyer:
"I think you can, but you have to be careful how you structure it. ...
I would advise someone to be careful in exchanging value on a
one-to-one basis."
Q: Can a single caregiver grow for multiple patients.
A: This also is a gray area. The attorney general's office said a
single caregiver can grow for multiple patients, so long as he or she
doesn't grow more than three mature and four immature plants. But some
caregivers are growing for multiple patients and haven't gotten in
trouble with police.
Questions and answers about the Oregon Medical Marijuana Act:
Q: How does the law work.
A: Patients suffering a "debilitating medical condition" can register
with the state Health Division and obtain a laminated, wallet-size
card, certifying that they're exempt from the state's marijuana laws,
within certain limits.
Q: How do people obtain a card.
A: A medical doctor or osteopath must certify that they have one of
the maladies specified in the law, and that marijuana "might mitigate"
its effects. Applicants send the doctor's chart note or a form signed
by the doctor, a completed form, along with $150, to the state Health
Division. After verifying the information, the Health Division will
send a card within 30 days.
Q: What maladies qualify under the law.
A: Cancer, glaucoma, HIV and AIDS, Alzheimer's disease, as well as any
condition that causes cachexia (wasting disease), severe pain, severe
nausea, seizures and persistent muscle spasms.
Q: Why does the state charge for the right to use medicine.
A: The program is entirely funded by the $150 fee. It's a hardship for
many, but one advocate notes that the fee is cheaper than buying
marijuana on the street, where an ounce sells for $400 (more than the
price of gold). And it's cheaper than hiring a lawyer if a person gets
arrested.
Q: Will doctors get in trouble if they participate in the
program.
A: Though Oregon and eight other states now allow the use of medical
marijuana, federal law continues to view it as a drug with no
legitimate medical benefits. As a result, many doctors won't recommend
marijuana for fear of losing their federal license to prescribe drugs.
But as long as doctors don't write a prescription, it's unlikely they
will get in trouble for making a chart note or signing a form.
Q: Why not.
A: Doctors reason that discussions with patients about their medical
conditions and potential treatments are protected speech under the
First Amendment. And a federal judge issued a permanent injunction in
September ruling that doctors could recommend marijuana to patients
without fear that federal authorities could strip them of their
license to prescribe medicine.
Q: Some worry that people could learn the identities of medical
marijuana patients. Who has access to the registry of medical
marijuana patients.
A: Only the three people who work in the Oregon medical marijuana
program office. They keep the registry on a computer Zip drive
connected to a non-networked computer. The drive is locked in a
cabinet at the end of each day.
Q: Once people have a card, how do they get marijuana.
A: This is where it gets tricky. People must obtain seed or cuttings
(also called clones) and find an area in their home or yard to grow.
Cooperatives and patient networks are forming to help new patients,
and books are available for people learning to grow.
Q. What happens if police check out plants.
A: Under the law, police are supposed to call the medical marijuana
office and check to see if someone has a card before busting in. If
officers do visit a home, people should display their card.
Q: How much marijuana can people grow and possess.
A: The law permits each cardholder to have a total of seven plants:
three mature, or budding, plants, and four immature plants. Those
growing for themselves can possess three dried ounces - one for each
mature plant. If someone else is growing for the cardholder, the
patient can possess one dried ounce.
Q: If plants produce extra marijuana, can cardholders sell the surplus
to another patient.
A: No, but cardholders can give another patient up to one dried
ounce.
Q: What about patients who don't have the time or know-how to grow
marijuana.
A: They can designate a caregiver, who will also receive a card and be
permitted under law to grow plants.
Q: Can patients pay caregivers for the marijuana they
provide.
A: No.
Q: Can patients compensate caregivers for their time, labor and
materials.
A: This is a gray area. "It depends on the situation, and how
specifically you define compensation," said state attorney general
spokesman Kevin Neely. Said Phil Studenberg, a Klamath Falls lawyer:
"I think you can, but you have to be careful how you structure it. ...
I would advise someone to be careful in exchanging value on a
one-to-one basis."
Q: Can a single caregiver grow for multiple patients.
A: This also is a gray area. The attorney general's office said a
single caregiver can grow for multiple patients, so long as he or she
doesn't grow more than three mature and four immature plants. But some
caregivers are growing for multiple patients and haven't gotten in
trouble with police.
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