SENATE COMMITTEE ON HUMAN SERVICES

 

 

April 28, 2005                                                                                                         Hearing Room D

3:00 P.M.                                                                                                                      Tapes 70 - 73

 

MEMBERS PRESENT:         Sen. Bill Morrisette, Chair

Sen. Jeff Kruse, Vice-Chair

Sen. Rick Metsger

Sen. Laurie Monnes Anderson

Sen. Charles Starr

 

STAFF PRESENT:                 Rick Berkobien, Committee Administrator

Brittany Kenison, Committee Assistant

 

MEASURES/ISSUES HEARD:

SB 973 – Public Hearing and Work Session

SB 1026 – Public Hearing and Work Session

SB 329 – Public Hearing and Work Session

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 70, A

003

Chair Morrisette

Calls the meeting to order at 3:06 p.m.  Opens a public hearing on SB 973.

SB 973 - PUBLIC HEARING

020

Rick Berkobien

Committee Administrator.  Explains SB 973 and introduces the -2 amendments (EXHIBIT A).

037

Martha Pelliglino

Intern, Sen. Kate Brown, Senate District 21.  Testifies in support of SB 973 with the -2 amendments.

066

Hans Bernard

Legislative Aide, Sen. Kate Brown, Senate District 21.  Testifies in support of SB 973 with the -2 amendments on behalf of Sen. Kate Brown.

075

Kathy Ledesma

Adoption Manager, Office of Safety and Permanency for Children, Children, Adults and Families, Oregon Department of Human Services (DHS).  Submits and presents written testimony in support of SB 973 with the -2 amendments (EXHIBIT B).

115

Sen. Kruse

Commends DHS and Sen. Brown for working together to solve issues.

125

Robin Pope

Attorney, Portland, Oregon.  Testifies in support of SB 973 with the -2 amendments.

147

Chair Morrisette

Closes the public hearing and opens a work session on SB 973.

SB 973 – WORK SESSION

150

Sen. Kruse

MOTION:  Moves to ADOPT SB 973-2 amendments dated 4/27/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Monnes Anderson

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

155

Sen. Kruse

MOTION:  Moves SB 973 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Monnes Anderson

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

162

Chair Morrisette

Closes work session on SB 973 and opens public hearing on SB 1026.

SB 1026 – PUBLIC HEARING

165

Rick Berkobien

Committee Administrator.  Explains SB 1026 and introduces the -2 amendments (EXHIBIT C).

175

Chair Morrisette

Asks Berkobien if a fiscal statement has been issued.

177

Berkobien

Answers, no.

180

Sen. C. Starr

Submits and presents written testimony in support of SB 1026 with the -2 amendments (EXHIBIT D).

210

Chair Morrisette

Closes public hearing and opens work session on SB 1026.

SB 1026 – WORK SESSION

215

Sen. Metsger

MOTION:  Moves to ADOPT SB 1026-2 amendments dated 4/27/05.

216

 

VOTE:  3-1-1

AYE:               3 - Metsger, Starr C., Morrisette

NAY:               1 - Monnes Anderson

EXCUSED:     1 - Kruse

 

Chair Morrisette

The motion CARRIES.

SEN. C. STARR will lead discussion on the floor.

217

Chair Morrisette

Closes work session on SB 1026.  Opens public hearing on SB 329.

SB 329 – PUBLIC HEARING

235

Rick Berkobien

Committee Administrator.  Explains SB 329 and introduces the -3 amendments (EXHIBIT E).

275

Kathy Karppinen

Oregonians for Health Security.  Submits and presents written testimony in support of SB 329 (EXHIBIT F).

285

Shannon Callahan

Oregon State Public Interest Research Group (OSPIRG).  Testifies in support of SB 329 with the -3 amendments.

320

Rick Bennett

AARP.  Testifies in support of SB 329 with the -3 amendments.

340

Jim Gardner

PhRMA.  Testifies in opposition to SB 329.

400

Bruce Goldberg

Administrator, Office of Oregon Health Policy and Research.  Testifies in support of SB 329 with the -3 amendments.

TAPE 71, A

003

Lynn Lundquist

President, Oregon Business Association.  Submits and presents written testimony in support of SB 329 (EXHIBIT G).

020

Tim Nesbitt

President, American Federation of Labor – Congress of Industrial Organizations (AFL-CIO).  Testifies in support of SB 329 with the -3 amendments.

035

Nesbitt

Asks the committee if the -3 amendments of SB 329 would cover private sector plans.

038

Berkobien

Defers to Goldberg.

042

Goldberg

Responds to Nesbitt’s question.

046

Maribeth Healey

Executive Director, Oregonians for Health Security.  Submits and presents written testimony in support of SB 329 (EXHIBIT H) and an article regarding SB 329 (EXHIBIT I).

075

Chair Morrisette

Stands the committee at ease.

080

Chair Morrisette

Calls the meeting back to order.  Closes public hearing on SB 329 and opens public hearing on SB 772.

SB 772 – PUBLIC HEARING

085

Rick Berkobien

Committee Administrator.  Explains SB 772.

095

Chair Morrisette

Recesses the public hearing on SB 772 and opens a work session on SB 329.

SB 329 – WORK SESSION

096

Sen. Monnes Anderson

MOTION:  Moves to ADOPT SB 329-3 amendments dated 4/25/05.

 

 

VOTE:  5-0-0

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

101

Sen. Monnes Anderson

MOTION:  Moves SB 329 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-2-0

AYE:               3 - Metsger, Monnes Anderson, Morrisette

NAY:               2 - Kruse, Starr C.

 

Chair Morrisette

The motion CARRIES.

SEN. MORRISETTE will lead discussion on the floor.

109

Sen. Kruse

Serves notice of a potential minority report.

110

Chair Morrisette

Closes the work session on SB 329 and reconvenes the public hearing on SB 772.

SB 772 – PUBLIC HEARING

117

Rick Berkobien

Committee Administrator.  Provides an explanation of SB 772 and introduces the -2 amendments (EXHIBIT J).

190

Chair Morrisette

Comments on unresolved issues in the bill and in the -2 amendments.  Discusses the need to hear recommendations from testimonies.

270

Laird Funk

Citizen, Williams, Oregon.  Testifies regarding SB 772.

315

Chair Morrisette

Asks Funk to clarify statement regarding the number of patients per caregiver.

316

Funk

Responds.

317

Chair Morrisette

Asks Funk for his recommendation for the maximum number of plants for outdoor growers.

324

Funk

Responds.

329

Chair Morrisette

Clarifies Funk’s statement that each patient should have a limit of twenty-four (24) plants.

330

Funk

Comments that the limit of plants could be lower than twenty-four (24) plants.

342

Chair Morrisette

Asks for recommendations for total amount of plant weight for an annual grow site.

345

Funk

Answers question.  Concludes testimony.

357

Chair Morrisette

Discusses the different needs of people.

365

Funk

States concern regarding measure plant production.

368

Chair Morrisette

Clarifies statement.

370

Funk

Restates recommendations.

375

Chair Morrisette

Clarifies Funk’s recommendations.

380

Funk

Re-clarifies his recommendations.

396

Rick Bear

Internal Medicine Doctor.  Testifies regarding SB 772 and the -2 amendments.  States concerns of the bill.

425

Chair Morrisette

Asks question regarding the different stages of a plant.

429

Bear

Answers question.

TAPE 70, B

005

Chair Morrisette

Asks Berkobien to call Legislative Counsel regarding Bear’s concerns.

010

Bear

Continues to discuss concerns.

052

Leland Berger

Attorney, Oregon.  Testifies regarding SB 772 and the -2 amendments.

135

Chair Morrisette

Discusses the definition of a primary caregiver.

140

Berger

Comments as to how he drafted the Oregon Medical Marijuana Act (OMMA) to address caregivers.

145

Sen. Kruse

Provides examples of a primary caregiver and states that a new definition needs to be created for OMMA patient caregivers.

150

Chair Morrisette

Agrees to Sen. Kruse’s proposal.  Comments on not confusing the different types of caregivers.

155

Berger

States concern that the bill would create a third party that is currently not defined by statute.

160

Chair Morrisette

Agrees that a new definition needs to be created.

161

Berger

Provides recommendations for the maximum amount of cannabis. 

179

Chair Morrisette

Asks to confirm federal guidelines for converting cannabis.

180

Berger

Responds.  Concludes testimony.

230

Steve Dingle

Marion County District Attorney’s Office.  District Attorney’s Association.  Testifies in opposition to SB 772 and the -2 amendments.

248

Chair Morrisette

Discusses the need to address the lag time of patients receiving the OMMA card and the problems that are caused.

255

Dingle

Discusses concerns and solutions to the medical marijuana card.

270

Chair Morrisette

Asks what other cards a person must carry at all times.

280

Dingle

Responds.

285

Chair Morrisette

States that the cards Dingle provided are only carried under circumstances.  Asks which cards need to be with a person at all times.

293

Dingle

Responds.

310

Chair Morrisette

Asks Dingle how he inspects patients under the current OMMA.

313

Dingle

Responds.  Provides solutions for law enforcement to have a 24 hour verification system to access OMMA patient informational.

326

Chair Morrisette

Asks if law enforcement would randomly check OMMA patients or only for probable cause.

333

Dingle

Responds.

336

Chair Morrisette

Asks question regarding probable cause.

338

Dingle

Responds.

355

Craig Durbin

Lieutenant, Oregon State Police.  Oregon’s Chief of Police.  Oregon Sheriffs Association.  Testifies in opposition to SB 772 and the -2 amendments.

422

Chair Morrisette

Comments on inspections performed by law enforcement.  Comments on the reserve money available.

447

Durbin

States that he will submit a letter of recommendations.

450

Chair Morrisette

Comments on the importance of receiving the recommendations.

TAPE 71, B

005

Durbin

Concludes testimony.

017

John McAmos

Roseburg Forest Products, Douglas County, Oregon.  Testifies in opposition to SB 772.

030

Chair Morrisette

States that the amendments proposed would address McAmos’s concerns.

045

Todd Dalotto

Citizen, Oregon.  Testifies regarding SB 772.

085

Chair Morrisette

Asks Dalotto to confirm his statement regarding annual grow sites.

087

Dalotto

Responds.

090

Chair Morrisette

Asks to re-clarify recommendation regarding an annual grow site.

094

Dalotto

Provides clarification.

095

Chair Morrisette

Asks about a source being available for those OMMA patients whose supply diminishes before the year is over.

098

Dalotto

Responds.

100

Chair Morrisette

Discusses that adequate supply for OMMA patients be provided.

101

Dalotto

Discusses the difficulties for an annual grow site.

102

Chair Morrisette

Provides additional concerns of annual grow sites.

118

Dalotto

Continues testimony.

140

Chair Morrisette

Discusses the need for flexibility for annual grow sites.

152

Dalotto

States agreement.  Concludes testimony regarding SB 772.

178

Erin Hildebrandt

Citizen, Lafayette, Oregon.  Testifies regarding SB 772.

195

Chair Morrisette

Asks why affirmative defense is needed for annual outdoor grow sites.

199

Hildebrandt

States her understanding of affirmative defense.

201

Chair Morrisette

Discusses inspections for annual grow sites.

210

Hildebrandt

Asks if all outdoor growers would lose affirmative defense with the bill.

212

Chair Morrisette

Responds, no.

214

Hildebrandt

Asks if outdoor growers who do not have an annual grow site would keep their affirmative defense.

215

Chair Morrisette

Responds, yes.  Discusses the need to define an annual grow site.

225

Hildebrandt

Asks if the bill would preclude anyone from growing outdoors if they do not want to have an annual grow site.

226

Chair Morrisette

Answers, no.

227

Hildebrandt

States that she is opposed to affirmative defense being taken away.  Asks for section eight (8), number one (1), section E to be clarified.

246

Sen. Kruse

Provides clarification.

265

Hildebrandt

Asks to clarify the inspection process.

270

Chair Morrisette

Comments on the intent of having an annual grow site.  Asks if the caregivers are required to carry a card.

285

Hildebrandt

Responds that her husband is her caregiver, and carries a card.

287

Chair Morrisette

Asks if OMMA patients pick up the medicine from their caregiver, or if the caregiver delivers it.

288

Hildebrandt

Answers, both.

290

Chair Morrisette

Asks if caregivers carry a card.

292

Hildebrandt

Answers, yes.

295

Chair Morrisette

Discusses the options that patients have growing medical marijuana.

300

Hildebrandt

Asks to confirm that the bill would address a specific date and amount for annual grow sites.

301

Chair Morrisette

Responds.  Discusses a central grow site.

310

Hildebrandt

Asks if a central grow site would take away the need for OMMA patients to grow it at their home.

312

Chair Morrisette

Responds.

350

Sandy Burbank

Mothers Against Misuse and Abuse.  Patient, OMMA.  Caregiver, OMMA.  Testifies regarding SB 772.

405

Burbank

Asks question regarding the outcome of additional cannabis grown.

408

Chair Morrisette

States that Burbank’s concern was not addressed in the amendment.

415

Burbank

Discusses other concerns of the bill and amendments.

TAPE 72, A

010

Chair Morrisette

Asks how strains are protected through the winter season.

012

Burbank

Explains.  Continues testifying regarding SB 772.

030

Chair Morrisette

Asks question regarding the referrals that doctors write for patients.

035

Burbank

Responds.

040

Chair Morrisette

Asks how much money is in the reserves funding account.

041

Burbank

Answers question.

045

Chair Morrisette

Asks who makes the decision to lower the fees for OMMA patients.

048

Burbank

Responds.

049

Chair Morrisette

Discusses possible solutions using the Health Policy Commission.

054

Burbank

Emphasizes the need of the 24 hour verification system for law enforcement and that funds collected from fees could be used to maintain the program.  Suggests that caregivers be called “OMMP Caregiver.”

070

Chair Morrisette

Asks Burbank to submit solutions in writing to the committee.

075

Burbank

Continues to testify regarding SB 772 and the -2 amendments.

088

Chair Morrisette

Asks Grant Higginson if the reserve funds are under his department.

090

Grant Higginson

Oregon Department of Human Services (DHS).  Answers question.

115

Chair Morrisette

Asks Higginson if improvements to the program are legitimate expenditures.

127

Higginson

Responds.

132

Chair Morrisette

Asks for Higginson to comment on the turn around time for the application process and issuing cards

133

Higginson

Discusses an audit performed for card completion.

149

Chair Morrisette

Comments on the issue of turn around time with other state agencies.  Asks Higginson a question regarding the Ways and Means committee.

163

Higginson

Answers question.  Comments on the 24 hour verification system.

172

Chair Morrisette

Asks if the 24 hour verification system needs legislation.

173

Higginson

Answers that legislation would be helpful.

177

Sen. Kruse

Comments on inspections not being performed by law enforcement officials.  States that a fiscal estimate would be helpful.

189

Higginson

States that he would need time to create a fiscal estimate.

195

Sen. Kruse

Points out that certain resources need to be available.

198

Higginson

Comments on the issue of safety for inspectors who are not law enforcement officials.  Presents other solutions.

216

Chair Morrisette

Comments on why the issue of inspectors may not be included in the bill.

233

Higginson

Discuses issues heard in a medical marijuana work group.

248

Clifford Spencer

Patient, OMMA.  Testifies regarding SB 772.

300

Spencer

Continues to testify regarding SB 772.

386

Chair Morrisette

Asks what the rights are for law enforcement to perform inspections.

388

Spencer

Answers, a search warrant.

390

Chair Morrisette

Asks if law enforcement can obtain a search warrant because he is a medical marijuana patient.

392

Spencer

Responds, no.

396

Chair Morrisette

Verifies that law enforcement needs a probable cause to obtain a search warrant.

398

Spencer

Affirms.

400

Chair Morrisette

Asks if the bill would allow law enforcement to obtain a search warrant on medical marijuana patients without probable cause.

402

Spencer

Responds.

408

Chair Morrisette

Discusses probable cause and inspecting patients.  Asks if current law allows medical marijuana patients to have the right to privacy.

420

Spencer

Responds.  Continues testimony.

TAPE 73, A

003

Chair Morrisette

Comments on the intent of separate grow sites.

007

Spencer

Discusses patients without cognitive reasoning and the procedures involved.

020

Chair Morrisette

Comments on Spencer’s concerns.

025

Spencer

Concludes testimony.

028

Chair Morrisette

Asks Spencer to submit recommendations in writing.

030

Spencer

States that he will return the information to the committee.

035

Chair Morrisette

Comments on the variation of circumstances.

038

Alice Cannon

Lincoln County, Oregon.  Testifies regarding SB 772. 

050

Chair Morrisette

Asks Cannon which county she is a resident of.

052

Cannon

Answers.  Continues to testify regarding SB 772.

062

Chair Morrisette

Asks Cannon to submit concerns in writing.

065

Cannon

States that she will return the information to the committee.  Concludes testimony.

072

Jerry Wade

Secretary, Stormy Ray Foundation.  Testifies regarding SB 772.

160

Walther Hagen

Chaplin, Lower Columbia Blind Veterans Association.  Patient, OMMA.  Testifies regarding SB 772.

175

Stormy Ray

Stormy Ray Foundation.  Testifies regarding SB 772.

204

Chair Morrisette

Asks to clarify that an annual grow site of 28 or more plants is not appropriate.

208

Ray

Responds.

227

Chair Morrisette

Explains why there are blanks in the -2 amendments to SB 772.  Asks question regarding affirmative defense.

233

Ray

Answers question.

239

Chair Morrisette

Discusses that only patients who choose to do the annual grow would lose their affirmative defense.

242

Ray

States that all OMMA patients should have affirmative defense.

260

Chair Morrisette

Comments on new patients relying on current patients for medicine.  Asks if that is addressed under current statute.

263

Wade

Explains the current law.

283

Ray

Provides further explanation of current law relating to sharing of medicine between patients.  Concludes testimony.

295

Chair Morrisette

States that he wants to be sure that all issues were evaluated and addressed.

304

Wade

Comments on inspections not being performed by law enforcement officials.

311

Chair Morrisette

Asks question regarding the Public Health Department.

312

Wade

Responds.

314

Sen. Kruse

Comments on services from the Public Health Department.

315

Chair Morrisette

Discusses how possible involvement of the Public Health Department could have effective oversight.

340

Ray

Discusses that the ownership of the medicine would belong to registered OMMA patients.

343

Chair Morrisette

Advises Ray’s concern has been addressed in the bill.

344

Sen. Kruse

States that Ray’s concern has not been addressed very clearly in the bill.

345

Wade

Mentions why the Attorney General’s office would not comment on who the medicine belonged to.

349

Sen. Kruse

Discusses the issues that have not been addressed with an annual grow site.

355

Chair Morrisette

Discusses how state and federal laws contradict each other.

358

Wade

States that cannabis is now legally available for purchase in Canada for multiple sclerosis patients.

360

Chair Morrisette

Discusses how a child was diagnosed with bi-polar and how marijuana helped him.

380

Wade

Comments on the purposes of marijuana for different illnesses.

382

Chair Morrisette

Discusses the need of more studies to determine how marijuana helps each illness.  Closes the public hearing on SB 772 and adjourns the meeting at 6:03 p.m.

 

 

 

 

EXHIBIT SUMMARY

 

A.     SB 973, -2 amendments, staff, 6 pp

B.     SB 973, written testimony, Kathy Ledesma, 2 pp

C.     SB 1026. -2 amendments, staff, 1 p

D.    SB 1026, written testimony, Sen. Charles Starr, 3 pp

E.     SB 329, -3 amendments, staff, 4 pp

F.      SB 329, written testimony, Kath Karppinen, 1 p

G.    SB 329, written testimony, Lynn Lundquist, 1 p

H.    SB 329, written testimony, Maribeth Healey, 2 pp

I.       SB 329, article, Maribeth Healey, 1 p

J.      SB 772, -2 amendments, staff, 13 pp