SENATE COMMITTEE ON HUMAN SERVICES

 

 

June 01, 2005                                                                                                         Hearing Room C

3:00 P.M.                                                                                                                      Tapes 74 - 76

Corrected 9/20/2005

MEMBERS PRESENT:         Sen. Bill Morrisette, Chair

Sen. Jeff Kruse, Vice-Chair

Sen. Rick Metsger

Sen. Laurie Monnes Anderson

 

MEMBER EXCUSED:          Sen. Charles Starr

 

STAFF PRESENT:                 Rick Berkobien, Committee Administrator

Brittany Kenison, Committee Assistant

 

MEASURES/ISSUES HEARD:

HB 2254 – Public Hearing and Work Session

SB 772 – Work Session

 

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 74, A

003

Chair Morrisette

Calls the meeting to order at 3:08 p.m.  Opens a public hearing on HB 2254.

HB 2254 – PUBLIC HEARING

008

Rick Berkobien

Committee Administrator.  Provides an overview of HB 2254 and introduces the -1 amendments (EXHIBIT A).

015

Bruce Bishop

Oregon Association of Treatment Centers.  Testifies in support of HB 2254 with the -1 amendments.

030

Bill Wellard

The Child Center, Inc.  Submits and presents written testimony in support of HB 2254 with the -1 amendments (EXHIBIT B).

045

Sen. Monnes Anderson

Refers to page 1, line 18 of the -1 amendments.  States that ORS 657A.250 has been repealed and asks if that creates an issue.

052

Bishop

Responds that it does not affect him.

053

Sen. Monnes Anderson

Asks Wellard if a definition is needed for a “child care facility.”

055

Wellard

Responds.

058

Bishop

Responds that psychiatric day treatment centers are covered under page 1, lines 11 through 17 of the -1 amendments to HB 2254.

063

Sen. Monnes Anderson

Asks if it is the intent to cover child care facilities.

065

Berkobien

Answers question.

071

Sen. Monnes Anderson

States that it may not have been known that the statute was repealed.

075

Chair Morrisette

Stands the committee at ease to call Legislative Counsel office.

078

Chair Morrisette

Reconvenes the meeting.  States that the ORS was not repealed.  Closes the public hearing and opens a work session on HB 2254.

HB 2254 – WORK SESSION

085

Sen. Kruse

MOTION:  Moves to ADOPT HB 2254-1 amendments dated 4/29/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Metsger, C. Starr

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

SEN. MONNES ANDERSON will lead discussion on the floor.

098

Chair Morrisette

Closes the work session on HB 2254. Opens a work session on SB 772.

SB 772 – WORK SESSION

100

Rick Berkobien

Committee Administrator.  Submits and presents an overview of the -3 amendments to SB 772 (EXHIBIT C).

150

Katie Suver

Deputy District Attorney, Marion County, Oregon.  Oregon District Attorney’s Association.  Testifies in opposition to SB 772 and the -3 amendments.

195

Sen. Kruse

Discusses inspections of medical marijuana patients being complaint driven.

225

Suver

Responds to Sen. Kruse’s statement regarding inspections.

245

Sen. Kruse

Discusses alternative solutions to inspections.  Comments that not all issues of the bill can be agreed upon, but encourages other sections which have mutual agreement to pass.

270

Chair Morrisette

States that a work session will not be held today, but discussions will continue.  Explains that marijuana should be immediately delivered to the patient from the grower. Theorizes that there should not be any usable marijuana on site if the procedure is followed. Asks if there is disagreement of patients having up to 60 ounces.

294

Suver

Defers to Craig Durbin.

295

Craig Durbin

Lieutenant, Drug Enforcement, Oregon State Police.  Submits written testimony in opposition to SB 722 and the -3 amendments (EXHIBIT D) and a poster entitled, "Crunching the Numbers" (EXHIBIT E). Responds to the Chair’s question.

340

Chair Morrisette

States that annual grow sites are not being considered in the -3 amendments.  Discusses the issues of the number of plants per patient.

365

Durbin

Discusses the difficulty of determining the amount harvested per plant.  Recommends no more than three ounces per plant per harvest.  Discusses the issue of having unlimited amount of seedlings.  Recommends that there be a specific number of plants harvested, total amount of ounces and number of seedlings.

400

Durbin

Reiterates the issues of the -3 amendments.  Discusses the issue of patients having their cards with them in public.

TAPE 75, A

003

Sen. Kruse

Discusses the issue of the definitions of a caregiver and a grower.  Asks Durbin to comment on the creation of a new type of caregiver.

015

Durbin

Comments.  Provides recommendations

033

Chair Morrisette

States why a new definition is being considered.

047

Durbin

Suggests possible definitions for different types of caregivers.

063

Sen. Kruse

Discusses other reasons why patients need caregivers.  States that more work is needed for clarification of the duties of a caregiver and a grower.

087

Chair Morrisette

Recites the categories of patients, caregivers and growers for growing marijuana.

090

Berkobien

Presents that a patient and a grower could be one in the same.

092

Sen. Kruse

Interjects that the categories need to be mutually exclusive, just to be defined.

094

Chair Morrisette

Concludes testimony.

115

Richard Bayer

M.D.  Board Certified, American Board of Internal Medicine.  Filing Chief Petitioner, Oregon Medical Marijuana Act (1998).  Submits and presents written testimony regarding the -3 amendments to SB 772 (EXHIBIT F).

265

Leland Berger

Attorney.  Testifies regarding SB 772. Discusses why people are upset during today’s hearing.

270

Sen. Kruse

Notes that there have been two previous hearings where everyone was allowed to testify.

280

Leland Berger

Re-clarifies statement.  Provides recommendations to SB 772.

380

Berger

Continues to provide recommendations to SB 772.

TAPE 74, A

015

Chair Morrisette

Asks about a background check for prospected growers.

020

Berger

Responds.

027

Chair Morrisette

Notes the position of law enforcement regarding growers.  Discusses possible training program for new growers.

055

Berger

States that some advocacy groups have been providing training for growers.  Discusses growers abusing their duties.  Addresses law enforcement concerns.

080

Chair Morrisette

Discusses that the intent of the bill is to provide clarification for law enforcement, patients and growers.

090

Berger

Believes that background checks are not necessary.  Continues testimony.

105

Chair Morrisette

Discusses the reserve funds from the fees collected from the medical marijuana program.  Notes why Dr. Higginson assumed the fees were protected.  Provides recommendations for the fee based program.

175

Berger

States appreciation for work on SB 772.  Discusses capital improvements.  Continues testimony.

270

Chair Morrisette

States that the goal would be to federally reschedule Marijuana into Schedule III category.

275

Berger

Informs the committee that congress has rescheduled Merinol into a Schedule III category.  Adds that Merinol is synthetic delta-I-tetrahydrocannabinol (THC).  Questions why marijuana has not been rescheduled to a Schedule III category.

285

Brian Michaels

Attorney, Eugene, Oregon.  Submits and presents written testimony regarding the -3 amendments to SB 772 (EXHIBIT G).  Addresses the rationalization of rescheduling marijuana.

312

Chair Morrisette

Argues that it is difficult for law enforcement to differentiate between the conflicting state and federal laws.

328

Michaels

Retaliates that there are many drugs that are harmful, but are available through prescription.  Responds to the testimony of the law enforcement officials.  Continues testimony.

425

Michaels

Continues testimony.

TAPE 75, B

020

Michaels

Continues testimony.

055

Chair Morrisette

Asks if other states have reciprocity.

057

Michaels

Replies that he does not know.

065

Chair Morrisette

States that the issue of reciprocity will be examined further.

075

Michaels

Continues testimony.

115

Stormy Ray

Stormy Ray Cardholder Foundation.  Submits and presents written testimony regarding SB 772 and the -3 amendments (EXHIBIT H).

173

Chair Morrisette

Asks about the third location grow site, as stated in EXHIBIT H.

175

Jerry Wade

Secretary, Stormy Ray Cardholder Foundation.  Responds.  Explains the three different categories.

185

Chair Morrisette

Asks to clarify that that current law allows caregivers to grow marijuana for patients.

187

Wade

Responds, yes.  States that the -3 amendments include a third category that they feel is unnecessary.

189

Chair Morrisette

Counters that the -3 amendments do not include a new category.  Asks Sen. Kruse for comment.

190

Sen. Kruse

Suggests that the issue is a matter of semantics.  Assumes that most growers only grow and provide medicine for several patients without being a primary caregiver.

210

Wade

Affirms Sen. Kruse’s statement.

211

Sen. Kruse

Discusses the statute definition of a caregiver versus a proposed definition of a “grower.”

214

Wade

Discusses the annual grow site procedures.

215

Chair Morrisette

Clarifies that an annual grow site has been deleted from the bill.

218

Wade

Re-clarifies statement that the bill does not specifically state that a third party grower must give all of the medicine to the patient and can be shared.

223

Chair Morrisette

Clarifies that the annual grow site option has been deleted.

235

Wade

States that the option was not deleted.

237

Sen. Kruse

States that it is not clearly defined in the -3 amendments. 

240

Ray

Concludes testimony.

250

Chair Morrisette

Clarifies that there is no limit to the number of patients a caregiver can have under current law.

355

Ray

Answers, yes.

258

Chair Morrisette

Asks if there are enough caregivers for OMMP patients.

262

Ray

Responds, no. Explains.

285

Chair Morrisette

Discusses that there will always be people who are not honest and that is why law enforcement is needed.

300

Wade

Discusses the issues with the current law regarding caregivers not giving patients the medicine.

325

Chair Morrisette

Asks Wade for his opinion for a solution ensuring that patients receive their medicine from growers.

327

Wade

Provides recommendation.

345

Chair Morrisette

Discusses Wade’s recommendation.

350

Sen. Kruse

Clarifies Wade’s recommendation.

360

Wade

Emphasizes that authority needs to be performed “in-house.”

365

Sen. Kruse

States that Wade’s recommendation is similar to medical panels for malpractice.

367

Wade

Continues testimony.

404

Chair Morrisette

Clarifies that Wade recommends that people who choose not to hold a card, but use marijuana for medical use, are allowed affirmative defense in court.

410

Wade

Replies yes.

414

Sen. Kruse

Asks Wade to confirm that employers cannot call the health department to obtain information as to whether or not an employee has a OMMP card.

420

Wade

Responds, yes.  Continues testimony.

428

Chair Morrisette

Asks why people, who want to use marijuana for medical reasons, not apply for a card.

429

Wade

Responds.

430

Chair Morrisette

Discusses that there needs to be a clear distinction of who is a patient by having a card.  Discusses proposed house bill on employment and medical marijuana.

TAPE 76, A

005

Sen. Kruse

Clarifies the intent of the house bill.

007

Chair Morrisette

Questions the judgment involved by employers.

008

Wade

Discusses a court case relating to the house bill.

015

Sen. Kruse

Suggests that some types of employment should be avoided with the use of marijuana.

016

Wade

Agrees that there should be sensitive job positions.  Recommends that the Oregon Extension Office should be responsible for teaching people how to grow plants.

032

Sen. Kruse

States that the program is called the “Master Gardener Program.”

033

Chair Morrisette

Discusses the idea of a central grow site being managed by the Oregon Extension office.  Questions where the office would be able to accommodate people.

038

Wade

Notes that he has spoken with a Marion County official who stated that the Marion County head chief master gardener could be done with a mandate.

040

Chair Morrisette

States that the option will be further examined.

041

Wade

Provides recommendation for the medical marijuana patients.

053

Chair Morrisette

Asks about the procedure for new patients and what information is given.

057

Wade

Responds.

062

Chair Morrisette

Clarifies that there is not an adequate manual for patients.

063

Wade

Replies yes.

065

Chair Morrisette

Notes that is why the money collected from fees is needed.

068

Wade

Continues providing recommendations.

073

Chair Morrisette

Asks to clarify that he is referring to a caregiver as a grower.

074

Wade

Responds, yes.  Concludes testimony.  Thanks the committee for their work on SB 772.

095

Sen. Kruse

States appreciation to the proponents and opponents for the work put into the bill.

The following material is submitted for the record without public testimony:

 

Alice Ivany

Citizen, Lincoln County, Oregon.  Submits written testimony regarding SB 772 (EXHIBIT I).

100

Chair Morrisette

Closes the work session on SB 772 and adjourns the meeting at 5:17 p.m.

 

 

EXHIBIT SUMMARY

 

A.     HB 2254, -1 amendments, staff, 3 pp

B.     HB 2254, written testimony, Bill Wellard, 1 p

C.     SB 772, -3 amendments, staff, 13 pp

D.    SB 772, written testimony, Craig Durbin, 2 pp

E.     SB 772, poster, Craig Durbin, oversized exhibit

F.      SB 772, written testimony, Richard Beyer, 3 pp

G.    SB 772, written testimony, Brian Michaels, 6 pp

H.    SB 772, written testimony, Stormy Ray, 6 pp

I.       SB 772, written testimony, Alice Ivany, 2 pp