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Colorado enacted a bill that limits the authority of physicians to recommend cannabis therapy to patients with which the doctor has had a prior counseling relationship.

At the same time, the State established provisions regulating medical cannabis dispensaries. The law requires medical marijuana dispensing facilities to obtain state and local licensing approval and to be in compliance with all local zoning codes. Dispensaries must pay a state licensing fee, shall be located no closer than 1,000 feet from a school or daycare (municipalities have the authority to issue exemptions to this rule), and operators must oversee the cultivation at least 70 percent of the marijuana dispensed at the center. Licensed dispensary owners will be required to undergo criminal background checks by the state.

 

Oregon requires that patients must be diagnosed by their physicians at least 12 months prior to an arrest in order to present an "affirmative defense“. It also dictates that an attending physician as "a physician who has established a physician/patient relationship with the patient; … is primarily responsible for the care and treatment of the patients; … has reviewed a patient’s medical records at the patient’s request, has conducted a thorough physical examination of the patient, has provided a treatment plan and/or follow-up care, and has documented these activities in a patient file."

 

Rhode Island lawmakers enacted legislation, ensuring the confidentiality of medical marijuana patients' records. The law states, in part, "Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and practitioners, are confidential and protected under the federal Health Insurance Portability and Accountability Act of 1996, and shall be exempt from the provisions of the RIGL chapter 38-2 et seq. the Rhode Island access to public records act and not subject to disclosure, except to authorized employees of the department as necessary to perform official duties of the department."

 

In Vermont, licensed physicians in neighboring states can legally recommend cannabis to Vermont patients.

 

Washington State allows naturopaths, physician’s assistants, osteopathic physicians, osteopathic physicians assistants, and advanced registered nurse practitioners to legally recommend marijuana therapy to their patients.

 

The above notes were taken from the NORML.org site. In light of what has happen in the past week, might these things happen in Michigan?

 

 

The Oregon law does not include a reciprocity provision. However, the Oregon Court of Appeals has ruled (and the Oregon Medical Marijuana Program has confirmed) that patients from out of state are permitted to register with the Oregon Medical Marijuana Program to obtain a registry identification card, the same as an Oregon resident, which will protect them from arrest or prosecution while in Oregon. These out of state patients are required to obtain a recommendation for the medical use of marijuana from an Oregon licensed physician. State v. Berringer, 229 P3d 615 (2010).

 

As used in Oregon’s 475.300

(1) "Attending physician" means a physician licensed under ORS chapter 677 who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.

 

(3) "Delivery" has the· meaning given that term in ORB 475.005.· "Delivery" does not include transfer of marijuana by a registry identification cardholder to another registry identification cardholder if no consideration is paid for the transfer.

(8) "Medical use of marijuana" means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of the person's debilitating medical condition.

 

(11) "Usable marijuana" means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORB 475.300 to 475.346. "Usable marijuana" does not include the seeds, stalks and roots of the plant.

 

475.304 (7) A registry identification cardholder or the designated primary caregiver of the cardholder may reimburse the person responsible for a marijuana grow site for the costs of supplies and utilities associated with the production of marijuana for the registry identification cardholder. No other costs associated with the production of marijuana for the registry identification cardholder, including the cost of labor; may be reimbursed.

[2005 ..822 §8; 2007 c.573 §2]

 

475.316 Limitations on cardholder's immunity from criminal laws involving marijuana. (1) No person authorized to possess, deliver or produce marijuana for medical use pursuant to ORS 475.300 to 475.346 shall be excepted from the criminal laws of this state or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production .of marijuana is an element if the person, in connection with the facts giving rise to such charges: (d) Delivers marijuana for consideration to any individual, even if the individual is in possession of a registry identification card;

 

475.324 Limits on confiscation of marijuana. A law enforcement officer who determines that a· registry identification cardholder is in possession of amounts of usable marijuana or numbers of marijuana plants in excess of the amount or number authorized by ORS 475.320 may confiscate

only any usable marijuana or plants that are in excess of the amount or number authorized.

[2005 0.822 §10J

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I would like to see these:

In Vermont, licensed physicians in neighboring states can legally recommend cannabis to Vermont patients.

 

Washington State allows naturopaths, physician’s assistants, osteopathic physicians, osteopathic physicians assistants, and advanced registered nurse practitioners to legally recommend marijuana therapy to their patients.

 

I didn't see anything else I liked.

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  • 1 month later...

Reading this, "The Oregon Court of Appeals has ruled (and the Oregon Medical Marijuana Program has confirmed) that patients from out of state are permitted to register with the Oregon Medical Marijuana Program to obtain a registry identification card, the same as an Oregon resident, which will protect them from arrest or prosecution while in Oregon. These out of state patients are required to obtain a recommendation for the medical use of marijuana from an Oregon licensed physician"; if a MI patient's p'wk is signed by a doctor who is also licensed in Oregon, can they apply in both States?

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I liked the oregon one, there are people that post on here frequenly that onyl got their card after they got caught, how are we supposed to take them serious if they just do it to get out of jail, they should be locked up for breaking the law and (I wish this was cause for arrest) abusing the medical marijuana system.

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I liked the oregon one, there are people that post on here frequenly that onyl got their card after they got caught, how are we supposed to take them serious if they just do it to get out of jail, they should be locked up for breaking the law and (I wish this was cause for arrest) abusing the medical marijuana system.

 

Isn't having the government determine who needs MMJ and who does not kind of a slippery slop? My guess is then no one would get it. Also the people here who got a card after getting busted may have a need but just did not get their card quick enough.

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I liked the oregon one, there are people that post on here frequenly that onyl got their card after they got caught, how are we supposed to take them serious if they just do it to get out of jail, they should be locked up for breaking the law and (I wish this was cause for arrest) abusing the medical marijuana system.

 

:unsure:

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I liked the oregon one, there are people that post on here frequenly that onyl got their card after they got caught, how are we supposed to take them serious if they just do it to get out of jail, they should be locked up for breaking the law and (I wish this was cause for arrest) abusing the medical marijuana system.

I'm having trouble following the logic here.

 

The only reason I got my card is to keep from going to jail.

 

Why did you get yours?

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I liked the oregon one, there are people that post on here frequenly that onyl got their card after they got caught, how are we supposed to take them serious if they just do it to get out of jail, they should be locked up for breaking the law and (I wish this was cause for arrest) abusing the medical marijuana system.

 

If you get stopped by LEO for an out headlight and they give you a fix-it ticket, do you still pay the fine?

 

The law is the law. If you qualify for MJ use, you qualify. I don't understand people who suggest otherwise.

 

Did you ever use cannabis before it was legal for you? If so, why don't you turn yourself in, do your time for past crimes, then move forward with life?

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If you get stopped by LEO for an out headlight and they give you a fix-it ticket, do you still pay the fine?

 

The law is the law. If you qualify for MJ use, you qualify. I don't understand people who suggest otherwise.

 

Did you ever use cannabis before it was legal for you? If so, why don't you turn yourself in, do your time for past crimes, then move forward with life?

 

because not everyone needs it, some people only even try to qualify to cover their donkey and it really is not that hard to qualify for it.

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