An OMMP Patient’s Manifesto

If what I say sounds like what others are saying, it is because OMMP patients are united and we will continue to echo each other until we win the fight for our rights.

Today, Friday January 29th is the last day to email the OHA about what you would like changed in the rules that will govern the OMMP. Most of an OMMP patient’s concerns will need to be handled by the legislature because the OHA is bound by directives from HB 3400. But these are the items the OHA can control. Please send letters to PublicHealth.Rules@state.or.us.

 

  1. The OHA was directed to require OMMP patients prove residency, but OHA rules do not stipulate that Oregon patients prove Oregon residency.
  2. Testing, tracking and searches should be simple, and inexpensive. The program should always have low income patients in mind when crafting rules that affect Oregon’s most vulnerable patients.
  3. Searches should only occur in areas of the home, building or land where plants and processing occur. Or better yet, underfund the search effort.
  4. Create a process for how to file a complaint if someone is being a bad actor as an OMMP cardholder. If a grower has not helped a patient as promised the grower should be able to state their case and provide proof for the issues that caused a disruption in the patient’s medicine. The card should not be revoked based on one complaint without the ability to defend ourselves. Card revocation based on one complaint is un-American.
  5. Lower the fees for patients because we are increasing the grower fee. The industry should fund projects run by the OHA rather than our sickest and most hurt patients.
  6. Patients who are minors, whose parents are growing for the patient should be allowed to be exempt from tracking and from the $200 grower fee because the patient is not allowed to be listed as the grower. Parents who have to grow for their kids are not doing so to be part of the industry so they should be exempt from the grower fee.

Monday February 1st, Oregon’s short legislative session begins. These are the most important changes needed. We need you to call our representatives. If you don’t know who your representatives are then click hereYou have my permission to print this manifesto, sign it and circulate it like a petition to your friends and loved ones.

 

  1. Table the OMMP plant number restrictions, searches and tracking language until the end of the 2017 legislative session so we can thoroughly examine how to properly regulate medical marijuana without harming the most vulnerable patients that need a grower to grow and subsidize their medicine.
  2. Explicitly allow out of state patients to be able to get their OMMP patient card. A few bad actors from out of state should not be a reason to cut off the only safe option to access medical marijuana for low income patients. Many sick Americans living in less progressive states are happy to spend hundreds of dollars in Oregon to obtain the medicine that saves their quality of life. Bad policies in non-medical marijuana states have forced patients to come to Oregon and have been funding the programs funded by the OMMP. Oregon has been cash strapped, and the millions of excess dollars have undoubtedly helped the people of our state.
  3. Allow untested medicine to be sold to consumers as long as the medicine is clearly marked as not being tested. It is reasonable to require OMMP budtenders to point out the testing that has been or has not been done. Many patients would take the chance of using untested medicine if that was all they could afford. We would rather people buy this medicine at dispensaries rather than the illicit market.
  4. We should not have to give up our home to be searched. The Oregon Medical Marijuana Act stated that we should not have to give up our 4th amendment right to be searched based on having an OMMP card. Cannabis is non-toxic, and not as dangerous as alcohol. Home brewers are not subject to search. Our medical marijuana grows should not be subject to search either. The original OMMP text is difficult to find online but thanks to ballotpedia posting the 1998 voter pamphlet, we can see on page 150 that the original text stated “SECTION 8. (1) Possession of a registry identification card or designated primary caregiver identification card pursuant to section 4 of this Act shall not alone constitute probable cause to search the person or property of the cardholder or otherwise subject the person or property of the cardholder to inspection by any governmental agency.” There is no good reason to overturn the voters decision to protect our 4th amendment rights.
  5. Establish due process if there is a complaint filed against an OMMP cardholder. As stated in the OHA recommendations, “The card should not be revoked based on one complaint without the ability to defend ourselves. Card revocation based on one complaint is un-American.”
  6. If the reason why plant number restrictions were put in HB 3400 because of environmental concerns, or bad neighbors that cause an uproar in their community then we should establish policies that address those concerns directly. The underground market does not exist because of the OMMP, it exists because of prohibition and will exist in Oregon until we can repeal prohibition everywhere.
  7. Allow the licensing of home commercial kitchens. If homes can have commercial kitchens for non-cannabis products, then we should allow cannabis products to be processed in home commercial kitchens.
  8. Do not allow localities to mandate expensive licenses over $500 annually. Only the state regulatory agencies should be allowed to enforce the state law. Having a local enforcement division and a state enforcement division increases the price of cannabis and fuels the illegal market.
  9. Allow patients to shop at dispensaries using “temporary paperwork packets” rather than having to wait on the state issued card so patients can get their medicine as soon as they have become a legal patient in the eyes of law enforcement.
  10. Pass a law that prohibits a doctor from withholding prescription medicine based on a person’s use of marijuana.
  11. Prohibit employers from firing an employee for testing positive for marijuana.
  12. Lower the application fees for patients and fund the OHA programs with the increased grower fees. The industry should be funding projects rather than the sickest and most hurt among us.
  13. Disallow cities and counties from being able to opt out of medical dispensaries and from creating regulations as to who can grow medical marijuana. Patients in Eastern Oregon have to drive hundreds of miles to have regulated safe access to medicine.
  14. A maximum setback requirement should be established. Our community needs time to discuss what is reasonable to do as a compromise to try to appease neighbors that do not want the smell of cannabis in their back yard. We also do not want to force people that would normally grow outdoors to be forced to grow indoors straining our natural resources further.
  15. As mentioned in the OHA regulation recommendations, patients who are minors, whose parents are growing for the patient should be allowed to be exempt from tracking and from the $200 grower fee because the patient is not allowed to be listed as the grower and they are not growing to be part of the industry.

These are the email addresses of all of the most powerful Oregon legislators and Oregon’s governor.

Rep.JenniferWilliamson@state.or.us,  Rep.TinaKotek@state.or.us, Rep.TobiasRead@state.or.ussen.ginnyburdick@state.or.us,Rep.PeterBuckley@state.or.usSen.JeffKruse@state.or.us,rep.andyolson@state.or.usrep.carlwilson@state.or.us,sen.tedferrioli@state.or.usSen.LeeBeyer@state.or.us,sen.floydprozanski@state.or.us,rep.kenhelm@state.or.usrep.annlininger@state.or.us, sen.petercourtney@state.or.us, Sen.DianeRosenbaum@state.or.us, rep.mikemclane@state.or.us Use this Contact Form to contact Governor Kate Brown

 

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