ORS Chapter 475c — Cannabis Regulation

ORS 475c.783. Registry identification cardholders; eligibility; fees; rules. (1) The Oregon Health Authority shall establish a program for the issuance of registry identification cards to applicants who meet the requirements of this section. (2) The authority shall issue a registry identification card to an applicant who is 18 years of age or older if the applicant pays a fee in an amount established by the authority by rule and submits to the authority an application containing the following information: (a) Written documentation from the applicants attending provider stating that the attending provider has diagnosed the applicant as having a debilitating medical condition and that the medical use of marijuana may mitigate the symptoms or effects of the applicants debilitating medical condition; (b) The name, address and date of birth of the applicant; (c) The name, address and telephone number of the applicants attending provider; (d) Proof of residency, submitted in a form required by the authority by rule; (e) The name and address of the applicants designated primary caregiver, if the applicant is designating a primary caregiver under ORS 475C.789; and (f) The information described in ORS 475C.792 (2), if the applicant is applying to produce marijuana or designate another person under ORS 475C.792 to produce marijuana. (3)(a) The authority shall issue a registry identification card to an applicant who is under 18 years of age if: (A) The applicant pays the fee and submits the application described in subsection (2) of this section; and (B) The custodial parent or legal guardian who is responsible for the health care decisions of the applicant signs and submits to the authority a written statement that: (i) The applicants attending provider has explained to the applicant and to the custodial parent or legal guardian the possible risks and benefits of the medical use of marijuana; (ii) The custodial parent or legal guardian consents to the medical use of marijuana by the applicant; (iii) The custodial parent or legal guardian agrees to serve as the applicants designated primary caregiver; and (iv) The custodial parent or legal guardian agrees to control the acquisition, dosage and frequency of the medical use of marijuana by the applicant. (b) An applicant who is under 18 years of age may not apply to produce marijuana under subsection (2)(f) of this section. (4) The authority shall: (a) On the date on which the authority receives an application described in subsection (2) of this section, issue a receipt to the applicant verifying that the authority received an application under subsection (2) or (3) of this section; and (b) Approve or deny an application received under subsection (2) or (3) of this section within 30 days after receiving the application. (5)(a) If the authority approves an application, the authority shall issue a serially numbered registry identification card to the applicant within five days after approving the application. The registry identification card must include the following information: (A) The registry identification cardholders name, address and date of birth; (B) The issuance date and expiration date of the registry identification card; (C) If the registry identification cardholder designated a primary caregiver under ORS 475C.789, the name and address of the registry identification cardholders designated primary caregiver; and (D) Any other information required by the authority by rule. (b) If the registry identification cardholder designated a primary caregiver under ORS 475C.789, the authority shall issue an identification card to the designated primary caregiver. The identification card must contain the information required by paragraph (a) of this subsection. (6) A registry identification cardholder shall: (a) In a form and manner prescribed by the authority, notify the authority of any change concerning the registry identification cardholders: (A) Name, address or attending provider; (B) Designated primary caregiver, including the designation of a primary caregiver made at a time other than at the time of applying for or renewing a registry identification card; or (C) Person responsible for a marijuana grow site, including the designation of a person responsible for a marijuana grow site made at a time other than at the time of applying for or renewing a registry identification card. (b) Annually renew the registry identification card by paying a fee in an amount established by the authority by rule and submitting to the authority an application that contains the following information: (A) Updated written documentation from the registry identification cardholders attending provider stating that the registry identification cardholder still has a debilitating medical condition and that the medical use of marijuana may mitigate the symptoms or effects of the registry identification cardholders debilitating medical condition; (B) The information described in subsection (2)(b) to (f) of this section; and (C) If the registry identification cardholder is under 18 years of age, a statement signed by the custodial parent or legal guardian of the registry identification cardholder that meets the requirements of subsection (3) of this section. (7) The authority shall: (a) On the date on which the authority receives an application described in subsection (2) of this section, issue a receipt to the applicant verifying that the authority received an application under subsection (6)(b) of this section; and (b) Approve or deny an application received under subsection (6)(b) of this section within 30 days after receiving the application. (8)(a) If the registry identification cardholders attending provider determines that the registry identification cardholder no longer has a debilitating medical condition, or determines that the medical use of marijuana is contraindicated for the registry identification cardholders debilitating medical condition, the registry identification cardholder shall return the registry identification card to the authority within 30 calendar days after receiving notice of the determination. (b) If, because of circumstances beyond the control of the registry identification cardholder, a registry identification cardholder is unable to obtain a second medical opinion about the registry identification cardholders continuing eligibility for the medical use of marijuana before having to return the registry identification card to the authority, the authority may grant the registry identification cardholder additional time to obtain a second medical opinion. (9)(a) The authority may deny an application for a registry identification card or an application to renew a registry identification card, or may suspend or revoke a registry identification card, if: (A) The applicant or registry identification cardholder does not provide the information required by this section; (B) The authority determines that the applicant or registry identification cardholder provided false information; or (C) The authority determines that the applicant or registry identification cardholder violated a provision of ORS 475C.770 to 475C.919 or a rule adopted under ORS 475C.770 to 475C.919. (b) If a registry identification card is revoked, any associated identification card issued under subsection (5)(b) of this section, or marijuana grow site registration card issued under ORS 475C.792 (6), shall also be revoked. (c) A person whose application is denied, or whose registry identification card is revoked, under this subsection may not reapply for a registry identification card for six months from the date of the denial or revocation unless otherwise authorized by the authority. (10)(a) The authority may deny a designation of a primary caregiver made under ORS