Looking to Oregon - Part III
After the 60-day limits for medical marijuana patients were released last week (they were identical to Oregon's limits), I noted that it would be a good idea to look at what's happened in Oregon in order to determine whether or not the regulations would be workable here, or if we should expect problems. Here's what I've been able to find, with thanks to Russ Belville, Paul Stanford, and Martin Martinez for providing me with good information.
For the most part, patients in Oregon have been happy with the law. The 24 ounce limit works for nearly all patients, although as several doctors testified in the workshops, some patients do need more. The more problematic part of the regulations are the plant counts and how the regulations define "immature" plants. The law states that a single patient (or their designated grower) can have up to 6 fully grown "mature" plants, and eighteen "immature" plants. The definition for "immature" plants however, is the following:
In the end, this is the true test of the limits up here. There are a number of cases around the state where registered medical marijuana patients have been arrested. If this law sorts out the patients from those who are growing for profit, the limits are effective. Obviously, I think that no one should be arrested for growing marijuana, but that's a battle for another day, and one that won't be won in 2008. But for now, a single registered patient going to jail should be considered a failure for the State Department of Health.
A second issue involves cases where a doctor specifically prescribes an amount greater than 24 ounces for 60 days. This is allowed, however it's unclear how this would affect the plant count. If the plant count limits are not affected, it will make it extremely difficult for the patient to have the extra supply allowed by their doctor.
Beyond these issues, there are several differences between Oregon law and Washington law that will require some rethink in the DOH to make sure patients are protected as well as they are in Oregon.
First, we do not allow for a single grow location to provide for multiple patients. Oregon has a system where people can be designated as a "person responsible for a marijuana grow site" or "PRMGS." A single card-carrying PRMGS can provide for up to 4 patients. Here, I've already spoken to one person who essentially functions as a PRMGS who is worried that he will now have to choose one of his patients and tell the others to find another person to grow for them.
Second, Oregon allows for outdoor growing as long as it is not in plain view of the public. Indoor growing can be much more expensive than outdoor growing, but I'm definitely not an expert on the pros and cons of different growing techniques. Either way, Oregon's law does provide people with more options.
Finally, if a patient is in violation of the 24 ounces or 24 plant limits in Oregon, law enforcement is only allowed to seize the plants over the limit, but must leave the rest. This doesn't appear to be codified anywhere in Washington.
A follow-up hearing will be occurring on Monday, August 25 in Tumwater for the Department of Health to receive more feedback on the draft guidelines. Even before that point, several trials may be taking place across the state where these draft limits could be used either for or against patients who've been arrested in recent months. The Cannabis Defense Coalition hopes to have a calendar of court dates online soon to track when these trials will be taking place. In addition, I'm hearing word that a press conference will be happening on Tuesday morning and that a lawsuit against the State Department of Health will be filed. Hopefully, we'll be able to get these issues resolved without lawsuits, but that will require the Governor to finally stand up to the law enforcement union, who have continued to stand in the way of sound policy on this issue from the very beginning.
For the most part, patients in Oregon have been happy with the law. The 24 ounce limit works for nearly all patients, although as several doctors testified in the workshops, some patients do need more. The more problematic part of the regulations are the plant counts and how the regulations define "immature" plants. The law states that a single patient (or their designated grower) can have up to 6 fully grown "mature" plants, and eighteen "immature" plants. The definition for "immature" plants however, is the following:
Immature is defined as a non-flowering plants and less than 12" tall and 12" in diameter.The size regulations make it very difficult for growers to maintain a steady harvest cycle without violating the six "mature" plant limit. It's possible that once these regulations are in effect in Washington, people who are in violation of this loophole will be ignored, as appears to be the case in Oregon. But considering how much more aggressively our law enforcement has gone after medical marijuana patients, that may not be the case. In addition, growers and patients who have been arrested and are awaiting trial will find that this unrealistic plant count limit could make it harder for them to win in court, even if they've done nothing wrong.
In the end, this is the true test of the limits up here. There are a number of cases around the state where registered medical marijuana patients have been arrested. If this law sorts out the patients from those who are growing for profit, the limits are effective. Obviously, I think that no one should be arrested for growing marijuana, but that's a battle for another day, and one that won't be won in 2008. But for now, a single registered patient going to jail should be considered a failure for the State Department of Health.
A second issue involves cases where a doctor specifically prescribes an amount greater than 24 ounces for 60 days. This is allowed, however it's unclear how this would affect the plant count. If the plant count limits are not affected, it will make it extremely difficult for the patient to have the extra supply allowed by their doctor.
Beyond these issues, there are several differences between Oregon law and Washington law that will require some rethink in the DOH to make sure patients are protected as well as they are in Oregon.
First, we do not allow for a single grow location to provide for multiple patients. Oregon has a system where people can be designated as a "person responsible for a marijuana grow site" or "PRMGS." A single card-carrying PRMGS can provide for up to 4 patients. Here, I've already spoken to one person who essentially functions as a PRMGS who is worried that he will now have to choose one of his patients and tell the others to find another person to grow for them.
Second, Oregon allows for outdoor growing as long as it is not in plain view of the public. Indoor growing can be much more expensive than outdoor growing, but I'm definitely not an expert on the pros and cons of different growing techniques. Either way, Oregon's law does provide people with more options.
Finally, if a patient is in violation of the 24 ounces or 24 plant limits in Oregon, law enforcement is only allowed to seize the plants over the limit, but must leave the rest. This doesn't appear to be codified anywhere in Washington.
A follow-up hearing will be occurring on Monday, August 25 in Tumwater for the Department of Health to receive more feedback on the draft guidelines. Even before that point, several trials may be taking place across the state where these draft limits could be used either for or against patients who've been arrested in recent months. The Cannabis Defense Coalition hopes to have a calendar of court dates online soon to track when these trials will be taking place. In addition, I'm hearing word that a press conference will be happening on Tuesday morning and that a lawsuit against the State Department of Health will be filed. Hopefully, we'll be able to get these issues resolved without lawsuits, but that will require the Governor to finally stand up to the law enforcement union, who have continued to stand in the way of sound policy on this issue from the very beginning.
posted by thehim at 10:49 AM
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