Here are some frequently asked questions however, there may be other laws that apply to some situations and the laws can change. We suggest obtaining legal advice if you are not sure how to interpret the law.
OREGON RESIDENTS OMMA & OMMP Basics*
The Oregon Medical Marijuana Act (OMMA) protects patients, caregivers and persons responsible for marijuana grow sites (growers) from state criminal penalties so as long as the registered card holders comply with state laws and regulations. The OMMA is managed by the Oregon Medical Marijuana Program (OMMP). To stay in compliance with the OMMA and OMMP rules and regulations, registered card holders must:
1. Possess the required card or paperwork when possessing medical marijuana or medical marijuana plants, either:
· The OMMP-issued registry identification card, or
· A copy of the written documentation submitted to the OMMP and proof of the date of mailing or other transmission of the documentation to the OMMP if the application has not yet been approved or denied. ORS 475.309(9)
2. Possess no more than the amounts allowed under the law:
· 24 ounces of dried usable medical marijuana (dried leaves and flowers of the cannabis plant and any mixture or preparation thereof; seeds, stalks and roots of the plant do not count toward the 24 ounces of dried usable marijuana)
· 6 mature medical marijuana plants (plants with flowers, 12 inches in height or 12 inches in diameter)
· 18 medical marijuana seedlings (plants with no flowers, less than 12 inches in height and less than 12 inches in diameter)
· Patients, caregivers and growers, combined, may posses up to 24 ounces, 6 mature plants and 18 seedlings
3. Follow grow site registration rules and regulations:
· Medical marijuana plants grown only at the registered grow site address
· Growers may only be registered to grow at 1 (one) address
· Growers may only be registered to grow for 4 (four) patients
· Grow site placard must be posted at the registered grow site
4. NOT deliver marijuana to any individual known to not possess an OMMP registry identification card.
5. NOT deliver marijuana for consideration to any individual:
· Patients and caregivers may reimburse the grower for the costs of supplies and utilities associated with the production of medical marijuana, but not for other costs, including labor.
6. NOT engage in the medical use of marijuana in a public place, in public view or in a correctional facility.
7. NOT drive under the influence of marijuana.
*For informational purposes only and NOT for the purpose of providing legal advice. Please contact a licensed attorney to seek any legal advice. The OMMA may be read at ORS 475.300 to ORS 475.346. The OMMP may be contacted at 971-673-1234.
WASHINGTON RESIDENTS
Frequently asked questions aboutMedical Marijuana in Washington StateIs medical marijuana legal in Washington? I've heard conflicting answers to this question.
Marijuana possession is illegal in Washington. The medical marijuana law, Chapter 69.51A RCW, provides an affirmative defense for qualified patients and designated caregivers. People who qualify have a valid reason to possess a 60-day supply of marijuana. They may use that reason to defend against a legal action taken under Washington law. However, medical marijuana is not legal under federal law. There is no affirmative defense for people who are arrested or charged under federal law.
I heard the Obama Administration has legalized medical marijuana. Is that true?No. U.S. Attorney General Eric Holder announced formal guidelines for federal prosecutors in states that have laws allowing the use of medical marijuana. The guidelines do not legalize medical marijuana. The president directed federal prosecutors to consider appropriate medical use when making criminal charging decisions. The guidelines only provide direction for prosecutors when reviewing medical marijuana cases. The guidelines do not change the laws in Washington state.
How can I find out if I qualify to be a medical marijuana patient?
Talk to your doctor. The law includes a very specific list of qualifying conditions you must have before a doctor can recommend medical marijuana.
Do I have to register with or obtain a card from the state?
No. If you are a qualifying patient with a written recommendation from your doctor, that's all you need.
The clinic I went to says I have to purchase a card or permit from them. Is this true?
No. There are groups or clinics in Washington that may charge a fee for you to see a doctor, but you are not required to visit a certain clinic or join an organization to get a medical marijuana recommendation from a doctor.
Can I get a list of doctors in my area that will recommend marijuana?
The Department of Health does not have this information.
Does my written recommendation expire?
Your written recommendation only expires if your doctor has included an expiration date on it. If you change doctors, you may want to consider obtaining a new recommendation.
How do I get medical marijuana? Can I buy it?
The law allows a qualifying patient or designated provider to grow medical marijuana. It is not legal to buy or sell it.
Are dispensaries legal?
No. The law does not allow dispensaries. The law only allows qualifying patients and designated providers to possess medical marijuana.
How much medical marijuana can I have?
A qualifying patient or designated provider may have a 60-day supply of medical marijuana. A 60-day supply is defined as 24 ounces and 15 plants (WAC 246-75-010). The law says that a patient may exceed these limits if he or she can prove medical need.
How do I become a designated provider?
A designated provider must be at least 18 years old and must be designated in writing by the qualifying patient. A designated provider can only be a provider for one patient at any one time.
Can I be a patient and a designated provider?
The law does not say that a patient may or may not also be a designated provider. It does say that a designated provider may not consume a qualifying patient's medical marijuana.
Why are depression and anxiety not included in the list of qualifying conditions?
The Medical Quality Assurance Commission has the authority to add qualifying conditions to the current list. The commission received a request to add these conditions to the list of qualifying conditions. The commission denied the request, citing a lack of scientific evidence supporting improved health outcomes from the use of medical marijuana for those conditions.
How do I request to add a condition to the list of qualifying conditions?
Anyone may petition the commission to add a condition to the list. By law, the commission will consult with the Board of Osteopathic Medicine and Surgery. For more information about this process, you may contact the commission at:
Medical Quality Assurance Commission PO Box 47866 Olympia WA 98504-7866
Am I protected if I travel to other states with my recommendation?
Some states may allow you to use your recommendation from Washington when traveling. You must comply with the laws in the other state. Doctor recommendations, ID cards, and other documentation from other states are not legal in Washington.
I have questions that the Department of Health cannot answer. For example: Can I rent my house to a medical marijuana patient? Do I have rights as a tenant? What about using medical marijuana around children? Can I be fired from my job if I use medical marijuana? How do I get help finding the answers?
