walterpklondike
08-22-2006, 05:31 AM
I am pasting a e-mail i recieved from Norma Sapp, head of Normal for Oklahoma.
Med. Marijuana Supporters,
The Oklahoma Compassionate Care Campaign: Legislative Committee will be meeting Sat. Sept. 9, 2:15 pm - 4:45 pm, at the Edmond Public Library, 10 S. Boulevard, Edmond, Oklahoma.
The meeting will completely focus on coming to a consensus about the wording of the proposed legislation contributed by DPFOK member L. Bonnell.
All medical marijuana supporters are welcome to participate in this decision making process. Please review the proposed legislation, which I have pasted below, and bring your suggestions to the meeting.
Potential patients and doctors are urged to attend this meeting.
If you can't make the meeting, please forward all comments to [email protected]
Campaign phone number: 405-714-1236
Peace 2 ya,
Jeff Pickens
DPFOK:Cannabis Committee
OKLAHOMA COMPASSIONATE CARE CAMPAIGN'S PROPOSED LEGISLATION
State of Oklahoma
___________________________ SESSION
HOUSE BILL NO. ___________________ OR SENATE BILL NO. __________________
Introduced by:
1 FOR AN ACT ENTITLED, An Act to provide for certain medical uses of marijuana.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF OKLAHOMA
3 Section 1. Terms used in this Act mean:
4 (1) "Adequate supply," an amount of marijuana jointly possessed between the qualifying
5 patient and the primary caregiver that is not more than is reasonably necessary to
6 assure the uninterrupted availability of marijuana for the purpose of alleviating the
7 symptoms or effects of a qualifying patient's debilitating medical condition.
8 However, an adequate supply may not be construed to mean more than five ounces
9 of usable marijuana;
10 (2) "Debilitating medical condition," any of the following:
11 (a) Cancer, glaucoma, positive status for human immunodeficiency virus,
12 acquired immune deficiency syndrome, or the treatment of these conditions;
13 (b) A chronic or debilitating disease or medical condition or its treatment that
14 produces one or more of the following:
15 (i) Cachexia or wasting syndrome;
16 (ii) Severe pain;
17 (iii) Severe nausea;
18 (iv) Seizures, including those characteristic of epilepsy; or
19 (v) Severe and persistent muscle spasms, including those characteristic of
20 multiple sclerosis or Crohn's disease; or
21 (c) Any other medical condition approved by the Department of Health pursuant
22 to administrative rules in response to a request from a physician or potentially
23 qualifying patient;
24 (3) "Marijuana," as defined in 63 O.S. § ________;
25 (4) "Medical use," the acquisition, possession, cultivation, use, distribution, or
26 transportation of marijuana or paraphernalia relating to the administration of
27 marijuana to alleviate the symptoms or effects of a qualifying patient's debilitating
28 medical condition. For the purposes of this subdivision, the term, distribution, is
29 limited to the transfer of marijuana and paraphernalia from the primary caregiver to
30 the qualifying patient;
31 (5) "Physician," any person who is licensed pursuant to ___ O.S. § _____;
32 (6) "Primary caregiver," any person, other than the qualifying patient and the qualifying
33 patient's physician, who is eighteen years of age or older who has agreed to undertake
34 responsibility for managing the well-being of the qualifying patient with respect to
35 the medical use of marijuana. In the case of a minor or an adult lacking legal
36 capacity, the primary caregiver shall be a parent, guardian, or person having legal
37 custody;
38 (7) "Qualifying patient," any person who has been diagnosed by a physician as having
39 a debilitating medical condition;
40 (8) "Usable marijuana," the dried leaves and flowers of the plant Cannabis family
41 Moraceae, and any mixture or preparation thereof, appropriate for the medical use of
42 marijuana. The term does not include the seeds, stalks, and roots of the plant;
43 (9) "Written certification," the qualifying patient's medical records or a statement signed
44 by a qualifying patient's physician, stating that in the physician's professional opinion,
45 the qualifying patient has a debilitating medical condition and the potential benefits
46 of the medical use of marijuana would likely outweigh the health risks for the
qualifying patient.
47 Section 2. Notwithstanding any law to the contrary, the medical use of marijuana by a
48 qualifying patient is permitted, but only if:
49 (1) The qualifying patient has been diagnosed by a physician as having a debilitating
50 medical condition;
51 (2) The qualifying patient's physician has certified in writing that, in the physician's
52 professional opinion, the potential benefits of the medical use of marijuana would
53 likely outweigh the health risks for the particular qualifying patient; and
54 (3) The amount of marijuana retained for alleviation of the qualifying patient does not
55 exceed an adequate supply.
56 Section 3. The provisions of section 2 of this Act do not apply to a qualifying patient under
57 the age of eighteen years, unless:
58 (1) The qualifying patient's physician has explained the potential risks and benefits of the
59 medical use of marijuana to the qualifying patient and to a parent, guardian, or person
60 having legal custody of the qualifying patient; and
61 (2) The parent, guardian, or person who received the explanation consents in writing to:
62 (a) Allow the qualifying patient's medical use of marijuana;
63 (b) Serve as the qualifying patient's primary caregiver; and
64 (c) Control the acquisition of the marijuana, the dosage, and the frequency of the
65 medical use of marijuana by the qualifying patient.
66 Section 4. The authorization for the medical use of marijuana in this Act does not apply to:
67 (1) Any medical use of marijuana that endangers the health or well-being of another
68 person;
69 (2) Any medical use of marijuana:
70 (a) In a school bus, public bus, or any moving vehicle;
71 (b) In the workplace of the qualifying patient's employment;
72 (c) In any school or on any school grounds;
73 (d) At any public park, public beach, public recreation center, recreation, or youth
74 center; or
75 (e) Any other place open to and frequented by the public; and
76 (3) Any use of marijuana by a qualifying patient or primary caregiver for any purposes
77 other than medical use pursuant to this Act.
78 Section 5. Any physician who issues any written certification shall register the name,
79 address, patient identification number, and other pertinent identifying information of the
80 patient issued a written certification with the Department of Health.
81 Section 6. Any qualifying patient shall register with the Department of Health. Such
82 registration is effective until the expiration of the certificate issued by the physician. Every
83 qualifying patient shall provide sufficient identifying information to establish the personal
84 identity of the qualifying patient and the primary caregiver. Every qualifying patient shall
85 report any change in information within five working days. No qualifying patient may have
86 more than one primary caregiver at any given time. The department shall issue to the
87 qualifying patient a registration certificate and shall charge a fee of twenty dollars to be
88 deposited in the state general fund.
89 Section 7. Any primary caregiver shall register with the Department of Health. No primary
90 caregiver may be responsible for the care of more than one qualifying patient at any given
91 time.
92 Section 8. Upon an inquiry by a law enforcement agency, the Department of Health shall
93 verify whether the subject of the inquiry has registered with the department pursuant to this
94 Act and may provide reasonable access to the registry information for official law
95 enforcement purposes.
96 Section 9. The Department of Health may require that all written certifications comply with a
97 designated form.
98 Section 10. Written certifications are valid for only one year from the date of signing.
99 Section 11. Nothing in this Act may be construed to require insurance coverage for the
100 medical use of marijuana.
101 Section 12. If the qualifying patient and the primary caregiver strictly complied with the
102 requirements of this Act, either or both may assert the medical use of marijuana as an
103 affirmative defense to any prosecution involving marijuana under Oklahoma law.
104 Section 13. No qualifying patient or primary caregiver not complying with the permitted
105 scope of the medical use of marijuana may be afforded protection against searches and
106 seizures pertaining to the misapplication of the medical use of marijuana.
107 Section 14. No person is subject to arrest or prosecution for simply being in the presence or
108 vicinity of the medical use of marijuana as permitted under this Act.
109 Section 15. No physician is subject to arrest or prosecution, to be penalized in any manner,
110 or to be denied any right or privilege for providing written certification for the medical use
111 of marijuana for a qualifying patient, if:
112 (1) The physician has diagnosed the patient as having a debilitating medical condition,
113 as defined in this Act;
114 (2) The physician has explained the potential risks and benefits of the medical use of
115 marijuana, as required pursuant to this Act;
116 (3) The written certification is based upon the physician's professional opinion after
117 having completed a full assessment of the patient's medical history and current
118 medical condition made in the course of a bona fide physician-patient relationship;
119 and
120 (4) The physician has complied with the registration requirements of section 5 of this
121 Act.
122 Section 16. Any marijuana, paraphernalia, or other property seized from a qualifying patient
123 or primary caregiver in connection with a claimed medical use of marijuana under this Act
124 shall be returned immediately upon the determination by a court that the qualifying patient or
125 primary caregiver is entitled to the protections of this Act, as evidenced by a decision not to
126 prosecute, a dismissal of charges, or an acquittal. However, no law enforcement agency
127 seizing live plants as evidence is responsible for the care and maintenance of such plants.
128 Section 17. Any person who makes a fraudulent misrepresentation to a law enforcement
129 official of any material fact or circumstance relating to the medical use of marijuana to avoid
130 arrest or prosecution is guilty of the crime of Making False Declarations to a Police Officer,
131 22 O.S.§ _____.
132 Section 18. Any physician who makes a fraudulent misrepresentation to a law enforcement
133 official of any material fact or circumstance relating to the issuance of a written certificate is
134 guilty of the crime of Making False Declarations to a Police Officer, 22 O.S.§ _____.
Med. Marijuana Supporters,
The Oklahoma Compassionate Care Campaign: Legislative Committee will be meeting Sat. Sept. 9, 2:15 pm - 4:45 pm, at the Edmond Public Library, 10 S. Boulevard, Edmond, Oklahoma.
The meeting will completely focus on coming to a consensus about the wording of the proposed legislation contributed by DPFOK member L. Bonnell.
All medical marijuana supporters are welcome to participate in this decision making process. Please review the proposed legislation, which I have pasted below, and bring your suggestions to the meeting.
Potential patients and doctors are urged to attend this meeting.
If you can't make the meeting, please forward all comments to [email protected]
Campaign phone number: 405-714-1236
Peace 2 ya,
Jeff Pickens
DPFOK:Cannabis Committee
OKLAHOMA COMPASSIONATE CARE CAMPAIGN'S PROPOSED LEGISLATION
State of Oklahoma
___________________________ SESSION
HOUSE BILL NO. ___________________ OR SENATE BILL NO. __________________
Introduced by:
1 FOR AN ACT ENTITLED, An Act to provide for certain medical uses of marijuana.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF OKLAHOMA
3 Section 1. Terms used in this Act mean:
4 (1) "Adequate supply," an amount of marijuana jointly possessed between the qualifying
5 patient and the primary caregiver that is not more than is reasonably necessary to
6 assure the uninterrupted availability of marijuana for the purpose of alleviating the
7 symptoms or effects of a qualifying patient's debilitating medical condition.
8 However, an adequate supply may not be construed to mean more than five ounces
9 of usable marijuana;
10 (2) "Debilitating medical condition," any of the following:
11 (a) Cancer, glaucoma, positive status for human immunodeficiency virus,
12 acquired immune deficiency syndrome, or the treatment of these conditions;
13 (b) A chronic or debilitating disease or medical condition or its treatment that
14 produces one or more of the following:
15 (i) Cachexia or wasting syndrome;
16 (ii) Severe pain;
17 (iii) Severe nausea;
18 (iv) Seizures, including those characteristic of epilepsy; or
19 (v) Severe and persistent muscle spasms, including those characteristic of
20 multiple sclerosis or Crohn's disease; or
21 (c) Any other medical condition approved by the Department of Health pursuant
22 to administrative rules in response to a request from a physician or potentially
23 qualifying patient;
24 (3) "Marijuana," as defined in 63 O.S. § ________;
25 (4) "Medical use," the acquisition, possession, cultivation, use, distribution, or
26 transportation of marijuana or paraphernalia relating to the administration of
27 marijuana to alleviate the symptoms or effects of a qualifying patient's debilitating
28 medical condition. For the purposes of this subdivision, the term, distribution, is
29 limited to the transfer of marijuana and paraphernalia from the primary caregiver to
30 the qualifying patient;
31 (5) "Physician," any person who is licensed pursuant to ___ O.S. § _____;
32 (6) "Primary caregiver," any person, other than the qualifying patient and the qualifying
33 patient's physician, who is eighteen years of age or older who has agreed to undertake
34 responsibility for managing the well-being of the qualifying patient with respect to
35 the medical use of marijuana. In the case of a minor or an adult lacking legal
36 capacity, the primary caregiver shall be a parent, guardian, or person having legal
37 custody;
38 (7) "Qualifying patient," any person who has been diagnosed by a physician as having
39 a debilitating medical condition;
40 (8) "Usable marijuana," the dried leaves and flowers of the plant Cannabis family
41 Moraceae, and any mixture or preparation thereof, appropriate for the medical use of
42 marijuana. The term does not include the seeds, stalks, and roots of the plant;
43 (9) "Written certification," the qualifying patient's medical records or a statement signed
44 by a qualifying patient's physician, stating that in the physician's professional opinion,
45 the qualifying patient has a debilitating medical condition and the potential benefits
46 of the medical use of marijuana would likely outweigh the health risks for the
qualifying patient.
47 Section 2. Notwithstanding any law to the contrary, the medical use of marijuana by a
48 qualifying patient is permitted, but only if:
49 (1) The qualifying patient has been diagnosed by a physician as having a debilitating
50 medical condition;
51 (2) The qualifying patient's physician has certified in writing that, in the physician's
52 professional opinion, the potential benefits of the medical use of marijuana would
53 likely outweigh the health risks for the particular qualifying patient; and
54 (3) The amount of marijuana retained for alleviation of the qualifying patient does not
55 exceed an adequate supply.
56 Section 3. The provisions of section 2 of this Act do not apply to a qualifying patient under
57 the age of eighteen years, unless:
58 (1) The qualifying patient's physician has explained the potential risks and benefits of the
59 medical use of marijuana to the qualifying patient and to a parent, guardian, or person
60 having legal custody of the qualifying patient; and
61 (2) The parent, guardian, or person who received the explanation consents in writing to:
62 (a) Allow the qualifying patient's medical use of marijuana;
63 (b) Serve as the qualifying patient's primary caregiver; and
64 (c) Control the acquisition of the marijuana, the dosage, and the frequency of the
65 medical use of marijuana by the qualifying patient.
66 Section 4. The authorization for the medical use of marijuana in this Act does not apply to:
67 (1) Any medical use of marijuana that endangers the health or well-being of another
68 person;
69 (2) Any medical use of marijuana:
70 (a) In a school bus, public bus, or any moving vehicle;
71 (b) In the workplace of the qualifying patient's employment;
72 (c) In any school or on any school grounds;
73 (d) At any public park, public beach, public recreation center, recreation, or youth
74 center; or
75 (e) Any other place open to and frequented by the public; and
76 (3) Any use of marijuana by a qualifying patient or primary caregiver for any purposes
77 other than medical use pursuant to this Act.
78 Section 5. Any physician who issues any written certification shall register the name,
79 address, patient identification number, and other pertinent identifying information of the
80 patient issued a written certification with the Department of Health.
81 Section 6. Any qualifying patient shall register with the Department of Health. Such
82 registration is effective until the expiration of the certificate issued by the physician. Every
83 qualifying patient shall provide sufficient identifying information to establish the personal
84 identity of the qualifying patient and the primary caregiver. Every qualifying patient shall
85 report any change in information within five working days. No qualifying patient may have
86 more than one primary caregiver at any given time. The department shall issue to the
87 qualifying patient a registration certificate and shall charge a fee of twenty dollars to be
88 deposited in the state general fund.
89 Section 7. Any primary caregiver shall register with the Department of Health. No primary
90 caregiver may be responsible for the care of more than one qualifying patient at any given
91 time.
92 Section 8. Upon an inquiry by a law enforcement agency, the Department of Health shall
93 verify whether the subject of the inquiry has registered with the department pursuant to this
94 Act and may provide reasonable access to the registry information for official law
95 enforcement purposes.
96 Section 9. The Department of Health may require that all written certifications comply with a
97 designated form.
98 Section 10. Written certifications are valid for only one year from the date of signing.
99 Section 11. Nothing in this Act may be construed to require insurance coverage for the
100 medical use of marijuana.
101 Section 12. If the qualifying patient and the primary caregiver strictly complied with the
102 requirements of this Act, either or both may assert the medical use of marijuana as an
103 affirmative defense to any prosecution involving marijuana under Oklahoma law.
104 Section 13. No qualifying patient or primary caregiver not complying with the permitted
105 scope of the medical use of marijuana may be afforded protection against searches and
106 seizures pertaining to the misapplication of the medical use of marijuana.
107 Section 14. No person is subject to arrest or prosecution for simply being in the presence or
108 vicinity of the medical use of marijuana as permitted under this Act.
109 Section 15. No physician is subject to arrest or prosecution, to be penalized in any manner,
110 or to be denied any right or privilege for providing written certification for the medical use
111 of marijuana for a qualifying patient, if:
112 (1) The physician has diagnosed the patient as having a debilitating medical condition,
113 as defined in this Act;
114 (2) The physician has explained the potential risks and benefits of the medical use of
115 marijuana, as required pursuant to this Act;
116 (3) The written certification is based upon the physician's professional opinion after
117 having completed a full assessment of the patient's medical history and current
118 medical condition made in the course of a bona fide physician-patient relationship;
119 and
120 (4) The physician has complied with the registration requirements of section 5 of this
121 Act.
122 Section 16. Any marijuana, paraphernalia, or other property seized from a qualifying patient
123 or primary caregiver in connection with a claimed medical use of marijuana under this Act
124 shall be returned immediately upon the determination by a court that the qualifying patient or
125 primary caregiver is entitled to the protections of this Act, as evidenced by a decision not to
126 prosecute, a dismissal of charges, or an acquittal. However, no law enforcement agency
127 seizing live plants as evidence is responsible for the care and maintenance of such plants.
128 Section 17. Any person who makes a fraudulent misrepresentation to a law enforcement
129 official of any material fact or circumstance relating to the medical use of marijuana to avoid
130 arrest or prosecution is guilty of the crime of Making False Declarations to a Police Officer,
131 22 O.S.§ _____.
132 Section 18. Any physician who makes a fraudulent misrepresentation to a law enforcement
133 official of any material fact or circumstance relating to the issuance of a written certificate is
134 guilty of the crime of Making False Declarations to a Police Officer, 22 O.S.§ _____.