Greetings from OSGG.
We wish to thank our community for a productive meeting last night. We discussed the proposed changes to OMMP and have the following information for you to make comments:
Comments may be submitted on-line until January 29 as well as in person at the following meetings:
- Bend: January 25, 2016 at 1:00 p.m.
Deschutes Services Building, DeArmond Room
1300 NW Wall Street
Bend, OR 97701
- Medford: January 27, 2016 at 9:30 a.m.
Medford Public Library
205 S Central Avenue
Medford, OR 97501
- Written comment can be submitted to: [email protected]
These rules present a huge challenge for patients and growers alike and if implemented will change the OMMP beyond recognition.
New definitions create a system that will require anyone selling excess into a dispensary to establish an on-line account with OHA and begin making monthly reports. If transferring to a dispensary a grower must also meet ‘medical marijuana producer’ requirements for water rights, added security requirements including cameras, waste management and other requirements that I have listed at bottom*
We are providing talking points for several of the concerns we have with these proposed rules and asking every patient and grower to provide public comment either by coming to the hearings listed above or submitting written comments. Because of the extremely limited time to get our voice heard we have included some key talking points. Please don’t feel limited by them, include anything you feel is important. The most important thing is that you respond quickly.
The OMMP as we know it and all the good it’s doing for Oregonians is at risk.
Written comment can be submitted to this email address: [email protected]
The most recent draft of the proposed rules is at: http://www.oregon.gov/oha/mmj/Documents/Rulemaking/333-008-mm-patients-growers-processors-dispensaries-proposed-text.pdf
Brought over from statute:
- “Person designated to produce marijuana,” (PDPM) means a person designated to produce marijuana by a patient under ORS 475.304 who produces marijuana for that patient at an address: (a) Other than the address where the patient resides; or (b) Where more than 12 mature marijuana plants are produced.
Established by rule:
- “Person responsible for a grow site” or PRMG, means any person designating themselves or another person as a grower becoming a person responsible for a grow site.
- “Medical marijuana producer,” or MMP, means any person designated to produce marijuana by more than two patients and selling excess to a dispensary.
Problem: March 1 deadline for plant limits and grandfathering grow sites creates an undue burden on patients and an unrealistic expectation that OMMP will accomplish this by March 1.
Talking Point: Give this process more time by extending the effective date to January 2017. This deadline affects over 20,000 patients. The OMMP can’t even get patient cards done in 30 days. It is unrealistic to expect they will get this done by March 1.
Problem: Everyone growing marijuana under the OMMP must establish an on-line account with the OHA to provide monthly reports on plant count, harvests and transfers. 333-008-050(9).
- If they are a single person not transferring excess, they are exempt from reporting 333-008-0630(1).
- If they are transferring to dispensaries, they are in violation if they do not meet the requirements for a medical marijuana producer under rule. 333-008-0720(4).
Talking point: Any patient growing for themselves or themselves and one other patient or at an address with 12 plants or less must be exempted from these requirements. This is actually required by statute under HB 3400 Sec. 80(18).
Problem: The presumption that every grower is growing six plants for every patient they have.
Talking point: The legislature should clarify their intent. Many growers are providing for several patients and growing fewer than 6 plants for each patient. This allows them to provide medicine to more patients. Legislative intent was to limit plants per address not patients per address.
- This particular presumption impacts any patient designating a grower or growers trying to grandfather their addresses in where six plants will put the designated address over the new plant limits. Sec. 333-008-0025(5), 0520(2). This presumption is already being used by OMMP in reviewing and rejecting applications.
- (Example: any grower within city limits and zoned residential now limited to four patients max, cannot have any patient lists themselves as a grower because that would put the number of plants allowed over the 24 plant limit. They must designate a grower and that grower is now a “medical marijuana producer” and subject to all the new requirements).
Problem: New definitions and categories created by rule place an onerous burden on patients and small growers providing for 4 patients or less.
Talking point: Remove the definition of Medical Marijuana Producer entirely and create a definition for a single individual responsible for a grow site.
- (The new definition creating the category of “medical marijuana producer, (MMP).” Sec. 333-008-0010 (37). This definition means anyone designated by three or more patients and transferring their excess to dispensaries is now a medical marijuana producer and must meet water rights requirements, security, reporting and recording, pesticide, fertilizer and growing materials requirements and waste management. This basically turns anyone transferring to a dispensary into a mini-OLCC grower with the same types of requirements for tracking, reporting and security).
Problem: Until the OHA has on-line payment system in place, any patient designating a grower must pay the $200 grow site registration fee.
Talking point: Leave the current $50 grow site fee in place until it is clear who is going to actually be responsible for a grow site and if they have to pay a single or multiple fees. HB 3400 says the OHA “may” adopt a grow site registration fee not “must.”
- This is just a mess. Unless growing only for themselves a patient must pay the grow site registration fee until the on-line payment process is available. 333-008-0020(3)(d). The person then designated to grow for the patient must go on-line, register the grow site and pay the $200. It is unclear if that person will have to pay $200 for every patient designating them as a grower or just one fee for the entire address. It is further complicated when a patient designates themselves at a remote address because as a patient growing for themselves they are not required to pay a grow site registration fee.
*Requirements a for PRMG (Person Responsible for Marijuana Grow) and a MMP (Medical Marijuana Producer):
- PRMG must:
- Create an online account with OHA
- This account will be used to make monthly reports.
- Report: amount of seeds, immature marijuana plants and cannabis transferred to another patient.
- Pesticide and soil compliance
- Must use pesticides only in accordance with ORS chapter 634 and OAR chapter 603, division 57
- Must only use fertilizers, soil amendments and growing media in accordance with ORS chapter 633
- Indoor production or 8’ fence around outdoor production
- No inspections required unless a violation of rules is suspected
- Create an online account with OHA
- MMP must comply with all of the above and:
- Input reporting
- For any application of fertilizer or pesticide record: date of application, name of product, person applying, rate of application. Keep records for 2 years
- Plant count and transfers reporting
- On a monthly basis report: seed, immature plant, mature plant and usable cannabis transfers.
- High Security
- Complete 24/7 camera coverage with video backup for 2 years, motion detectors and alarm system, cannabis stored in a safe or vault, commercial grade locks, etc.
- Water Rights.
- Home wells not allowed. Must have documentation of an agricultural water source.
- Detailed Operating Procedures.
- Create, file, and maintain: cultivation plan, security plan, employment plan etc.
- Identify or segregate plants & usable marijuana by patient (must be in separate tote)
- Routine Inspections: at least yearly, and when a complaint is received or at the discretion of OHA
- Input reporting
GET EVERYONE YOU KNOW TO ACT NOW. THIS IS OUR CHANCE TO SAVE THE OMMP