2005 Senate Committee on Human Services

SENATE COMMITTEE ON HUMAN SERVICES

March 10, 2005 Hearing Room D

3:00 P.M. Tapes 32 - 34

MEMBERS PRESENT: Sen. Bill Morrisette, Chair

Sen. Jeff Kruse, Vice-Chair

Sen. Laurie Monnes Anderson

Sen. Charles Starr

MEMBER EXCUSED: Sen. Rick Metsger

STAFF PRESENT: Rick Berkobien, Committee Administrator

Brittany Kenison, Committee Assistant

MEASURES/ISSUES HEARD:

SB 772 – 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 32, A
003	Chair Morrisette	Calls the meeting to order at 3:03 p.m. Opens a public hearing on SB 772.
SB 772 – PUBLIC HEARING
010	Rick Berkobien	Committee Administrator. Explains the bill.
016	Rep. Steve March	House District 46. Testifies in support of SB 772.
048	Grant Higginson	MD, MPH, State Public Health Officer, Health Services, Oregon Department of Human Services. Submits and presents written testimony on the background of SB 772 (EXHIBIT A).
100	Higginson	Continues reviewing written testimony describing SB 772.
148	Sen. Kruse	Asks if the bill is under the Health Insurance Portability and Accountability Act (HIPAA).
151	Higginson	Responds that it is outside of HIPAA. Elaborates.
157	Chair Morrisette	Asks to explain HIPAA.
162	Sen. Kruse	Explains HIPAA. Asks if the federal level has concerns with the bill.
173	Higginson	Answers question.
182	Sen. Kruse	States possible concerns.
183	Higginson	Notes that there is no fiscal impact. Summarizes and concludes.
215	Brian Michaels	Attorney, Eugene, Oregon. Testifies in support of SB 772.
265	Michaels	Explains changes needed to the bill.
315	Michaels	Continues discussing changes needed to the bill.
325	Sen. Kruse	Comments that the drug schedule is federal. Asks how the state of Oregon complies with federal law since Marijuana is classified as Schedule I.
330	Michaels	Explains that Oregon has its own drug scheduling. Elaborates.
345	Sen. Kruse	Provides another example where Oregon is out of compliance with the federal schedule.
350	Michaels	Explains that Sen. Kruse’s comment is incorrect and explains.
354	Sen. Kruse	Asks if other states with a medical marijuana law have changed their state scheduling of Marijuana.
360	Michaels	Answers question.
362	Richard Bayer	MD, Fellow of the American College Physicians (FACP). Filing Chief Petitioner. Co-author, OMMA. Submits and presents written testimony providing background on SB 772 and changes needed (EXHIBIT B).
410	Bayer	Continues discussing changes needed for SB 772.
465	Craig Durbin	Lieutenant, Commander Oregon State Drug Enforcement Section. Submits and presents written testimony in opposition to SB 772 (EXHIBIT C).
TAPE 33, A
040	Chair Morrisette	Asks Durbin to explain Affirmative Defense.
043	Durbin	Explains.
050	Chair Morrisette	Asks how patients prove that they need more than the legal amount of plants.
058	Durbin	Answers inquiry.
060	Chair Morrisette	Clarifies that he wanted Affirmative Defense explained for the record.
063	Durbin	Continues discussing opposition to the bill.
110	Durbin	Summarizes and concludes.
120	Dewey Patten	Lieutenant, Jackson County Narcotic Enforcement Team (JACNET). Testifies in opposition to SB 772.
155	Chair Morrisette	Asks Durbin and Patten to provide recommendations for the bill.
160	Durbin	Provides recommendations.
183	Patten	Also provides recommendations.
190	Chair Morrisette	States that he would like to have witnesses submit written testimony of recommendations in a public work session.
230	Stormy Ray	Chief Petitioner, OMMA. Testifies in support of SB 772 and submits information from previous legislation (EXHIBIT D) and a summary of changes of the 2005 Legislative Session to the Medical Marijuana Act (EXHIBIT E). States that the medical Marijuana program needs education and has lack of information.
280	Ray	Continues to testify in support of SB 772.
330	Ray	Summarizes and concludes.
360	Chair Morrisette	Asks if Marijuana plants can be grown year round in a greenhouse.
363	Ray	Answers, yes. Elaborates.
366	Jerry Wade	Citizen, Oregon. Testifies in support of SB 772. Discusses experience as a disabled Veteran.
370	James Babcock	Citizen, Dundee, Oregon. Submits and presents written testimony in support of SB 772 (EXHIBIT F).
420	Babcock	Continues discussing SB 772.
TAPE 32, B
015	Chair Morrisette	Comments on commercialized business that could grow plants in compliance with Oregon laws.
020	Babcock	Comments on the Chair’s proposed idea.
023	Chair Morrisette	Comments on a business to supply plants and asks why it has not been done yet.
028	Babcock	Speculates.
032	Chair Morrisette	Discusses study that shows the medical benefits of Marijuana. Discusses how to get away from loop holes in the law. Discusses the need to take away temptation from producing Marijuana illegally.
048	Sen. C Starr	Asks to clarify that the drug level can vary per plant.
050	Babcock	Affirms. Discusses federal hearing for medical Marijuana.
080	Sen. Starr	Comments that the quantity needs to be addressed.
083	Babcock	Responds. Also states concern that it is not clear in law who owns the plant.
108	Chair Morrisette	Asks what the cost of the medical Marijuana card was originally.
110	Babcock	Answers question.
112	Chair Morrisette	Asks if it is against federal law to receive Marijuana from the cost of the card.
115	Babcock	Responds.
120	Chair Monnes Anderson	Re-clarifies question.
122	Babcock	Answers re-clarification.
125	Chair Morrisette	Discusses need to address law enforcements issues.
145	Sen. Kruse	Comments on doing experiments, but cannot because of restrictive laws.
160	Al Hayward	Former investigative reporter. Testifies in support of SB 772.
220	John Sajo	Former Director, Voter Power. Former Chief Petitioner, Measure 33. Submits and presents written testimony in support of SB 772 with proposed changes (EXHIBIT G).
270	Sajo	Continues to review proposed changes of SB 772.
300	Chair Morrisette	Requests specific changes from the public.
305	Linda Taylor	Citizen, Oregon. Testifies in support of SB 772.
365	Laird Funk	Former advocate that began the medical Marijuana law. Testifies in support of SB 772.
390	Lindsey Bradshaw	Citizen, Williams, Oregon. Testifies in support of SB 772.
440	Bradshaw	Continues to testify in support of SB 772.
460	Tim Mullins	Citizen, Sumpter, Oregon. Testifies in support of SB 772.
TAPE 33, B
010	Mullins	Continues to testify in support of SB 772.
020	Bradshaw	Adds comments about the procurement of the medicine as a group project.
035	Angelique Yeakle	Citizen, Oregon. Testifies in support of SB 772.
065	Teresa Sheffer	Citizen, Oregon. Testifies in support of SB 772.
090	Jennifer Abboud	Citizen, Oregon. Submits and presents written testimony in support of SB 772 (EXHIBIT H).
165	Muriel Hockett	Citizen, Salem, Oregon. Submits and presents written testimony in support of SB 772 (EXHIBIT I).
185	Greg Byers	Citizen, Salem, Oregon. Submits and presents written testimony in support of SB 772 (EXHIBIT J).
235	Ron Ayers	Citizen, Oregon. Testifies in support of SB 772.
265	Hal Ballard	Citizen, Oregon. Testifies in support of SB 772 but addresses concerns of the bill.
315	Ballard	Continues to address concerns of the bill.
345	Christopher Rich	Oregon Medical Marijuana Act (OMMA) Caregiver. Submits and presents written testimony in opposition to SB 772 (EXHIBIT K).
395	Chris Iverson	Director, Voter Power. Submits and presents written testimony in support of SB 772. (EXHIBIT L).
TAPE 34, A
015	Sen. Kruse	Comments on the number of Oregonians who voted for Measure 33 (2004).
020	Dr. Phillip Leveque	Forensic Toxicologist, Osteopathic Physician, Molalla, Oregon. Submits and presents written testimony in support of SB 772 (EXHIBIT M).
070	Erin Hilderbrandt	Citizen, Lafayette, Oregon. Submits and presents written testimony in support of SB 772 (EXHIBIT N).
087	Chair Morrisette	Notes that he needs to leave and Sen. Kruse will chair the remainder of the hearing.
090	Clifford Spencer	Citizen, Oregon. Submits and presents written testimony in support of SB 772 (EXHIBIT O).
140	Spencer	Continues to testify in support of SB 772.
190	Kristi Carrick	Citizen, Oregon. Testifies in support of SB 772.
210	Casey Ferguson	Citizen, Eugene, Oregon. Testifies in support of SB 772.
245	Leland Berger	Attorney, Portland, Oregon. Submits and presents written testimony in support of SB 772 (EXHIBIT P).
285	Vice-Chair Kruse	Asks Berger to submit proposed amendments to the committee administrator.
288	Berger	Notes that he attached it to the written testimony. States appreciation of the bill.
300	Walter Haggan	Citizen, Oregon. Testifies in support of SB 772.
335	Steve Dingle	Marion County Deputy District Attorney, on behalf of the Oregon District Attorney’s Association. Submits and presents written testimony in opposition to SB 772 (EXHIBIT Q).
The following material is submitted for the record without public testimony:
	John English	Citizen, Oregon. Submits an informational packet in support of SB 772 (EXHIBIT R).
	Rachel Rose	Patient, Medical Marijuana program. Citizen, Portland, Oregon. Submits written testimony in support of SB 772 (EXHIBIT S).
	Sandee Burbank	Director, Mothers Against Misuse and Abuse (MAMA). Submits written testimony without a stated position to SB 772 (EXHIBIT T).
380	Vice-Chair Kruse	Closes public hearing on SB 772 and adjourns meeting at 5:30 p.m.

EXHIBIT SUMMARY

A. SB 772, written testimony, Grant Higginson, 3 pp

B. SB 772, written testimony, Richard Byer, 2 pp

C. SB 772, written testimony, Craig Durbin, 3 pp

D. SB 772, informational packet, Stormy Ray, 12 pp

E. SB 772, summary of changes, Stormy Ray, 2 pp

F. SB 772, written testimony, James Babcock, 2 pp

G. SB 772, written testimony, John Sajo, 3 pp

H. SB 772, written testimony, Jennifer Abboud, 2pp

I. SB 772, written testimony, Muriel Hockett, 2 pp

J. SB 772, written testimony, Kenneth Byers, 3 pp

K. SB 772, written testimony, Christopher Rich, 3 pp

L. SB 772, written testimony, Chris Iverson, 1 p

M. SB 772, written testimony, Phillip Leveque, 1 p

N. SB 772, written testimony, Erin Hildebrandt, 2pp

O. SB 772, written testimony, Clifford Spencer, 2 pp

P. SB 772, written testimony, Leland Berger, 5 pp

Q. SB 772, written testimony, Steve Dingle, 6 pp

R. SB 722, written testimony, John English, 16 pp

S. SB 772, written testimony, Rachel Rose, 2 pp

T. SB 772, written testimony, Sandee Burbank, 13 pp