Salem: OR: State lawmakers passed legislation last week amending Oregon’s six-year-old medical cannabis law. The law, originally passed by 55 percent of state voters in 1998, allows state-authorized patients to possess and grow marijuana medicinally for qualified illnesses.
Changes to the law offer a mixed bag to state-qualified patients. Most substantially, the amendments raise the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. However, those state-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an “affirmative defense” of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an “affirmative defense” at trial.
Other amendments to Oregon’s medical marijuana law redefine “mature plants” to include only those cannabis plants that are more than 12 inches in height and diameter, and establish a state-registry for those authorized to produce medical cannabis to qualified patients.
If signed by the Governor, the changes to the law will take effect January 1, 2006.
For more information, please contact either Paul Armentano, NORML Senior Policy Analyst, at (202) 483-5500 or Madeline Martinez, Executive Director of Oregon NORML, at (503) 239-6110. Full text of the amended legislation is available online at:
http://www.leg.state.or.us/05reg/measpdf/sb1000.dir/sb1085.en.pdf