1. Marijuana (Cannabis): Oregon Implementation Experience
Shannon O’Fallon, Sr. AAG
Oregon Department of Justice

2. So much to talk about, so little time
Oregon’s legal history with cannabis
Overview of the state system, medical & adult use
Possession limits
Labeling & Packaging
Concentration limits
Attending physicians
State cannabis laws applicable to health care providers & health care facilities

3. Marijuana: US Legal Status
US DEA Controlled Substances Act Schedule 1
High potential for abuse
No currently accepted medical use in US (federal level); clinical trials lacking
2018: State Laws
30 States Medical MJ
9 recreational

4. A Brief History of Cannabis in Oregon
1988 Oregon voters approved the Oregon Medical Marijuana Act
In 2004 & 2010 voters rejected ballot measures that would have allowed the retail sale of medical marijuana
2012 – voters reject legalization
2012 – legislature approves a medical marijuana dispensary program
2014 – voters say yes to legalization
Under OMMA in 1988, 4 immature plants, 3 mature plants, 1 oz. of MJ
2005 possession of up to 24 oz. of MJ, 6 mature plants, 18 seedlings or starts

5. Overview of state regulatory system
Oregon Liquor Control Commission (OLCC): adult use (recreational) businesses and worker permits
Oregon Health Authority (OHA): medical marijuana program, concentration limits and testing
Oregon Department of Revenue (DOR): tax collection
Oregon Department of Agriculture (ODA): commercial kitchens, scale certification, certain food handling activities, pesticides
Local jurisdictions: law enforcement, governing bodies, code enforcement

6. Basic Facts about legalization
Personal possession & use permitted without license/registration, within limits, as long as all aspects non-commercial.
To engage in any commercial activity involving cannabis, must be licensed or registered with the state.

7. What legalization did not do
Amend or affect state or federal employment law.
Prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession or use of marijuana to the extent necessary to satisfy federal requirements.
Prohibit a party to a federal contract or a person applying to be a party to a federal contract from prohibiting the manufacture, delivery, possession or use of marijuana to the extent necessary to comply with the terms and conditions of the contract or to satisfy federal requirements.
Require a person to violate a federal law.
Exempt a person from a federal law or obstruct enforcement of federal law.

8. Personal Possession Limits
One or more persons at least 21 years old in a household can have the following at any one time:
4 marijuana plants.
8 oz. of usable marijuana.
16 oz. of marijuana products in solid form.
72 oz. of marijuana products in liquid form.
16 oz. of concentrate.
1 oz. of purchased extract.

10. Oregon Liquor Control Commission
OLCC issues licenses/permits to and regulates
Producers
Processors
Wholesalers
Retailers
Labs
Workers ( worker permit required)
Tracks cannabis through METRC – a seed to sale tracking system
Establishes standards for packaging and labeling

11. OLCC Licensing Statistics
Totals as of September 13, 2018
Active and Approved Licenses
Laboratory 22
Processor
193
Producer
1091
Retailer
581
Wholesaler
131
Research
License Total
1,794
Active and Approved Permits
Worker Permits
51,895

12. Oregon medical Marijuana Program

13. Patients
Patient with qualifying debilitating condition must apply, pay fee ($200 but there are reduced fees), submit Attending Physician Statement annually.
Debilitating medical conditions include: Cancer, glaucoma, HIV or AIDS, severe pain, severe nausea, seizures, and PTSD.
Physicians do not prescribe, but recommend that cannabis may mitigate symptoms of debilitating medical condition.

14. Caregivers and Growers
Patient can designate caregiver & third-party grower, or can grow for themselves.
Caregiver is defined as “person with significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition”
Growers and grow sites must be registered and pay additional fee.
Can stack growers at an address.
No limits on where grow sites can be under state law.
Limits on the number of plants depending on where grow site is.

15. Oregon Medical Marijuana Possession Limits
Marijuana Item Type
Medical Program
Immature plants
2 or 6 times as many as mature depending on size
Mature plants 6
Usable marijuana
24 oz.
Products – solid
N/A so defaults to personal limit (16 oz.)
Products – liquid
N/A so defaults to personal limit (72 oz.)
Concentrates
Extracts
N/A so defaults to personal limit (1 oz.)

16. OMMP Registration Stats
Jan. 2015
July 2018
Patients
70,139
39,410
Caregivers
35,064
15,592
Growers
45,785
19,358
Grow sites
35,765
15,933
2016
July 2018
Dispensaries
Around 400 5
Processing Sites 3

17. Packaging Package cannot be attractive to minors No cartoons
No consumer products, symbols, or celebrities typically marketed towards minors
Package cannot contain any false or misleading statements
Health claims
Use of term “organic”
Child-Resistant Package OR Exit Package at point of sale
Child resistance is defined by 16 CFR 1700
Type of packaging will vary based on marijuana item
Label information on packages must be unobstructed and conspicuous

18. Labeling
Non-generic labels for marijuana items must be approved prior to sale.
As necessary to protect public health & safety, labels for marijuana items must have:
Health and safety warnings;
Potency and activation time, if applicable;
For cannabinoid products, concentrates and extracts, serving size and the number of servings included in a package; and
Content of the marijuana item.
For cannabinoid food and drinks, labels must meets applicable state food labeling requirements for the same type of non-cannabis food or drink.

19. Labeling Symbols
Universal Symbol
Medical Grade Symbol

20. Testing
OHA sets testing standards for both adult use and medical. Testing for:
Pesticides
Solvents
THC and CBD
Any lab doing cannabis testing must be accredited by OHA and licensed by OLCC
Sampling must be done by laboratories

21. Concentration Limits
Law requires OHA to establish “dosage” limits for maximum concentration of THC permitted in a single serving, and number of servings permitted for cannabinoid concentrates, extracts and products.

22. amount of THC per serving Max. Concentr.of THC/container
Concentration Limits
Type of Product
Retail
Concentration/
amount of THC per serving
Medical
Concentr./
Max. Concentr.of THC/container
Max. Concentr.of THC/
container
Edibles
5 mg
N/A
50 mg
100 mg
Topicals 6%
Tincture
1,000 mg
4,000 mg
Capsule
10 mg Mg
Suppositories
Defaults to edible limit
Transdermal Patches
Concentrates & Extracts
OHA required to establish:
Maximum THC level permitted in a single serving of a cannabinoid product, concentrate or extract; and
Number of servings permitted per package.

23. Attending physicians
Recommendation to use cannabis must come from physician.
21 physicians in Oregon account for 73% of physicians recommending medical cannabis.
Oregon Health Authority developed guidelines for physicians recommending medical use of marijuana.
Oregon Medical Board cannot take action against physician who provides medical advice about cannabis as long as advice based on person’s medical history and condition and risks discussed.

24. Organization as Cannabis Caregiver
An organization that provides hospice, palliative or home health care services, or a residential facility that has significant responsibility for managing the well-being of an OMMP patient may be designated as an additional caregiver for the patient.      
Such a designation allows the “organization” or residential facility to possess cannabis.
Organization or residential facility that is designated as a caregiver has all the duties, functions and powers of an individual caregiver.

25. Prohibition against taking disciplinary action against licensee
Oregon law prohibits a licensing board from imposing discipline against a licensee based on the licensee’s medical use of marijuana under the Oregon Medical Marijuana Act or actions taken by the licensee if the licensee is a designated caregiver.
Oregon law permits a licensed health care professional to administer medical marijuana to an OMMP patient in a licensed health care facility if the administration of pharmaceuticals is within the licensee’s scope of practice.
Can’t administer in a public place or in the presence of a person under 18 years of age.
If the medical marijuana administered is smoked, adequate ventilation must be provided. (Conflict with ICAA)
State law not does not require:
A licensed health care professional to administer medical marijuana; or
A licensed health care facility to make accommodations for the administration of medical marijuana.

26. Oregon Case Law re: Marijuana
Washburn v. Columbia Forest Products, 340 Or (2006): Medical marijuana user fired for testing positive for MJ, alleged disability-related discrimination in the workplace. Question was whether an employer was required to make a disability-related accommodation for the employee. Employer had policy that prohibits employees from reporting for work with controlled substance in their system. OR Supreme Court found that the individual was not disabled under Oregon law, and therefore, no duty to accommodate.

27. Oregon Case Law Continued
Emerald Steel Fabricators v. Bureau of Labor and Industries, 348 Or. 159 (2010): Employer wanted review of BOLI decision concluding that it had engaged in disability discrimination when it discharged employee due to med. MJ use.
Court found that OMMA affirmatively authorizing use of med. MJ was preempted by federal CSA which expressly prohibits use.
Therefore, OMMA users not protected by statute prohibiting disability discrimination.

28. The Challenges It’s illegal under federal law!
No guidance from CMS on the issue (something like the Cole Memo?)
Residential facilities – resident rights
Lack of research/data

29. Resources Oregon Health Authority Medical Marijuana Website:
sease/MedicalMarijuanaProgram/Pages/legal.aspx.
OLCC Recreational Marijuana Website:
Report on cannabis research; Legal barriers to cannabis research:
isease/MedicalMarijuanaProgram/Documents/sb844taskforce/ SB844Report.pdf.
Oregon Retail Marijuana Scientific Advisory Committee:
/Pages/Retail-Marijuana-Scientific-Advisory-Committee.aspx.

30. Oregon Laws
Oregon Revised Statutes (ORS) 475B: Cannabis Regulation ors475B.html (doesn’t contain all current laws)
ORS 475B is Oregon Medical Marijuana Act
ORS 475B is Recreational Cannabis
Oregon Administrative Rules
OHA, Chapter 333, Divisions 7 & 8
OLCC, Chapter 845, Division 25

31. Contact Information
Shannon O’Fallon Senior Assistant Attorney General Oregon Department of Justice