HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

 

March 21, 2003   Hearing Room D

9:00 A.M.  Tapes 58 - 61

 

MEMBERS PRESENT:            Rep. Jeff Kruse, Chair

Rep. Carolyn Tomei, Vice-Chair

Rep. Gordon Anderson

Rep. Jeff Barker

Rep. Laurie Monnes Anderson

Rep. Ben Westlund

 

MEMBER EXCUSED:             Rep. Billy Dalto, Vice-Chair

 

STAFF PRESENT:                  Sandy Thiele-Cirka, Committee Administrator

Mara McGraw, Committee Assistant

 

MEASURES HEARD:                     HJM 3 – Public Hearing and Work Session

                                                HB 2325 – Work Session

                                                HB 2939 – Public Hearing

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 58, A

005

Chair Kruse

Calls meeting to order at 9:37 A.M. and opens public hearing on    HJM 3.

HJM 3 – PUBLIC HEARING

008

Thiele-Cirka

Administrator. Summarizes bill.

012

Rep. Tom Butler

House District 60. Offers history of bill.

036

Chair Kruse

Closes public hearing on HJM 3 and opens work session on HJM 3.

HJM 3 – WORK SESSION

039

Rep. Barker

MOTION:  Moves HJM 3 be sent to the floor with a BE ADOPTED recommendation.

042

 

VOTE:         6-0-1

AYE:            In a roll call vote, all members present vote AYE.

EXCUSED:  1 - Dalto

045

Chair Kruse

The motion CARRIES.

BULTER will lead discussion on the floor.

047

Chair Kruse

Closes public hearing on HJM 3 and opens work session on HB 2325.

HB 2325 – WORK SESSION

049

Thiele-Cirka

Summarizes bill and -2 amendments (EXHIBIT A).

066

Sue Wilson

Administrator, Health Licensing Office. Provides explanation and support of the -2 amendments.

072

Rep. Tomei

Inquires if hearing aid specialists’ is included in the amendment.

076

Wilson

States they are not included.

081

Rep. Westlund

MOTION:  Moves to ADOPT HB 2325-2 amendments dated 3/13/03.

083

 

VOTE:          6-0-1

EXCUSED:  1 - Dalto

084

Chair

Hearing no objection, declares the motion CARRIED.

085

Thiele-Cirka

Notes prior reference to Ways and Means.

086

Rep. Westlund

MOTION:  Moves HB 2325 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

092

Rep. Tomei

Comments on change from dealer to specialist.

100

Wilson

Explains role of dealers as specialists. Reports change reflects national model.

113

 

VOTE:         6-0-1

AYE:            In a roll call vote, all members present vote AYE.

EXCUSED:  1 - Dalto

117

Chair

The motion CARRIES.

118

Chair Kruse

Closes work session on HB 2325 and opens public hearing on HB 2939

HB 2939 – PUBLIC HEARING

121

Thiele-Cirka

Summarizes bill and -1 amendment (EXHIBIT B).

134

Rep. Steve March

House District 46. Submits written testimony in support of medical marijuana program (EXHIBIT C). Reports on use of medical marijuana with Alzheimer’s patients. Notes changes made in the -1 amendment.

169

Stormy Ray

Constituent. Expresses support of Oregon Medical Marijuana Act (OMMA). Submits written testimony in support of medical marijuana program (EXHIBIT D). Offers recommendations to improve OMMA.

290

Laird Funk

Constituent. Speaks to passage of original medical marijuana act. Notes number of card holders in program. Testifies in support of OMMA.

414

Craig Durben

Sergeant, State Police and Manager, Drug Enforcement Unit. Testifies in support of bill. Notes abuses of the program.

TAPE 59, A

029

Grant Higginson

State Public Health Officer, Health Services, Department of Human Services (DHS). Submits testimony in support of bill (EXHIBIT E). Offers history of medical marijuana act and department responsibilities in administering program. Comments on several issues regarding administration of program relating to changes in current statute. Explains -1 amendment (EXHIBIT E).  

170

Rep. Monnes Anderson

Inquires on patient access to educational materials.

181

Higginson

Reports primary caregiver can assist in compliance with educational component. Continues review of -1 amendment (EXHIBIT E).

260

Rep. Monnes Anderson

Inquires on prevention of discriminatory medical practice.

264

Higginson

Concurs intent of -1 amendment is to prevent discriminatory practices. Continues presentation.

284

Rep. Monnes Anderson

Inquires on multiple patients in use of medical marijuana.

290

Higginson

Explains role of primary caregiver in severe debilitation.

339

Rep. Monnes Anderson

Inquires on multiple caregivers versus primary caregiver.

345

Higginson

Explains limitation to one primary caregiver.

352

Rep. Monnes Anderson

Inquires on definition of primary caregivers.

359

Higginson

Explains designated primary caregiver relating to medical marijuana.

380

Rep. Monnes Anderson

Inquires on use of medical marijuana in correctional facilities.

396

Higginson

Explains institution needs to work with their own legal council.

407

Dale Penn

Marion County District Attorney, District Attorney Association. Explains issue of use in correctional facilities is not addressed in bill.

TAPE 58, B

010

Penn

Continues presentation on HB 2939. Explains reasons for prohibiting use of medical marijuana in correctional facilities. Testifies in support of -1 amendment and bill (EXHIBIT B). Reports need to address number of allowable patients per caregiver as they relate to grow locations.  

079

Hal Ballard

Voter Power Foundation and Life with Dignity Committee. Submits written testimony in opposition to bill (EXHIBIT F).

129

Larry Welty

Oregon Narcotics Enforcement Association. Testifies in support of bill. Discusses need to examine criminal backgrounds. Speaks to abuses related to manufacture and sales of marijuana while under program.

190

Rep. Anderson

Inquires on number of violations in last year.

193

Welty

Reports estimate.

200

Rep. Anderson

Inquires on number of medical card holders.

204

Welty

Reports figure.

210

Leland Berger

Attorney. Explains background with legal actions in Oregon related to use of medical marijuana. Testifies in opposition to -1 amendment (EXHIBIT B). Comments on previous witnesses reports of abuse. Continues presentation.

300

Berger

Continues presentation on opposition to -1 amendment (EXHIBIT B) language. Offers specific language of -1 amendment.

TAPE 59, B

030

Berger

Continues presentation on opposition to -1 amendment language. Notes draft of new OMMA initiative and suggests use as alternate amendment to bill. Speaks to issues regarding primary caregivers. Notes concern with emergency clause.

186

Rep. Barker

Inquires on abuses.

189

Berger

Offers examples of medical marijuana use and abuse. 

197

Rep. Barker

Restates question.

203

Berger

Concurs abusers seek other attorneys. Addresses issues with medical use and law enforcement. Summarizes presentation.

236

Todd Dalotto

Compassion Center. Submits written testimony in opposition to bill and amendment (EXHIBIT G). Highlights concerns with -1 amendment. Speaks to sharing of medical marijuana with other card holders, designated caregivers.

350

Dalotto

Continues presentation on designated caregivers, existing resources and growing medical marijuana.

TAPE 60, A

020

Dalotto

Continues presentation in opposition to the bill. Speaks to educational issues and grow sites regarding medical marijuana.

125

Dalotto

Continues presentation.

200

Sandee Burbank

Constituent and Director, Mothers Against Misuse and Abuse. Testifies in opposition to bill and -1 amendment. Offers history of OMMA. Expresses concern over state working with law enforcement rather than OMMA agencies. Speaks to benefits of medical marijuana over other medicinal drugs.

310

Burbank

Continues presentation on objection to -1 amendment language. Notes caregivers can not be paid, only reimburse for specific expenses. Reports caregivers are frequently used for security purposes. Addresses allowable amount of medical marijuana.

464

Rep. Tomei

Inquires on specific language opposed.

468

Burbank

Reports change on patients growing for other patients.

TAPE 61, A

029

Madeline Martinez

Multnomah Disability Services Advisory Council and Advisory Committee to DHS. Testifies in opposition to -1 amendment (EXHIBIT B). Comments on OMMA not working with advocates and program participants to resolve issues. Suggests education and training of law enforcement on OMMA guidelines. Notes educational materials should be in alternate format to support people with disabilities. Speaks to specific objections to -1 amendment language and notes federal guideline should be modified.

134

Vicki Jasper

Constituent. Speaks to lack of consistent medication and caregivers. Reports bill restricts access to medical marijuana for qualified patients. Speaks to confidentiality and privacy rights. Speaks to specific objections to bill and -1 amendment. 

199

Paul Antos

Constituent. Submits written testimony in opposition to bill (EXHIBIT H). Reports cost of medical marijuana use.

250

Chair Kruse

Submits written testimony from Michael James Long (EXHIBIT I).

259

Greg Byers

Constituent. Submits written testimony in opposition to HB 2939 (EXHIBIT J). Explains debilitating condition and OMMA participation. Relates examples of conditions requiring medical marijuana.

405

Edward Glick

Registered Nurse (RN). Submits testimony in opposition to bill (EXHIBIT K). Submits CD-ROM (EXHIBIT L). Speaks to specific objections with bill and -1 amendment language.

458

Rep. Tomei

Inquires on awareness of OMMA guidelines and law.

TAPE 60, B

028

Glick

Suggests educational materials and resource opportunities. Speaks to compliance issues. Points out mandatory guidelines are over reaching.

042

Rep. Tomei

Comment on responsibilities of patient to understand law.

046

Glick

Relates complexity of law relating to patient compliance and police interpretation. Objects to mandate. Reports effort to widen psychiatric uses. Speaks to physician responsibilities and confidentiality issues.

155

Kathy Larson

Constituent. Submits written testimony in opposition to bill (EXHIBIT M). Notes state funds saved by OMMA. Speaks to previous felony convictions as it relates to medical marijuana use. Provides personal testimony relating to growing medical marijuana. Details debilitating condition.

323

Chair Kruse

Closes public hearing on HB 2939 and adjourns meeting at 12:38 P.M.

 

EXHIBIT SUMMARY

 

A – HB 2325, -2 amendment, staff,

B – HB 2939, -1 amendment, staff, 2 pp.

C – HB 2939, written testimony, Rep. Steve March, 1 p.

D – HB 2939, written testimony, Stormy Ray, 2 pp.

E – HB 2939, written testimony, Grant Higginson, 2 pp.

F – HB 2939, written testimony, Hal Ballard, 2 pp.

G – HB 2939, written testimony, Todd Dalotto, 4 pp.

H – HB 2939, written testimony, Paul Antos, 1 p.

I – HB 2939, written testimony, Michael Long, 1 p.

J – HB 2939, written testimony, Greg Byers, 4 pp.

K – HB 2939, written testimony, Edward Glick, 4 pp.

L – HB 2939, oversized exhibit, CD-ROM, Edward Glick, 1 disc.

M - HB 2939, written testimony, Kathy Larson, 1 p.