Medical Marijuana Frequently Asked Questions
Seeking a Medical Marijuana Card?The Oregon Medical Marijuana Program is open to patients with medical records documenting the conditions of:
Out-of-State Patient? Call us!Oregon does not recognize medical marijuana cards from other states. However, residents of any state can get an Oregon card - find out how Patients may also qualify if medications they require for another condition cause any of the above symptoms. Please call if you have any questions. |
- ARREST: Does the medical marijuana card protect me from arrest?
- BEHAVIOR: Where, when, and how can I use my medical marijuana?
- CHANGES: I need to change my address, caregiver, and/or grower...
- CONDITIONS: What medical conditions qualify me for medical marijuana?
- DELAYED CARD: It's taking forever to get my card from OMMP... am I still legal?
- DISCLOSURE: How do I get my medical records without letting my doctor know it is for medical marijuana?
- DISPENSARIES: How do I get my medical marijuana? Is there a dispensary?
- EMPLOYMENT: Will my OMMP Card protect me from workplace drug testing?
- FEES: Can OMMP waive the application fee or accept payments?
- FELONS: Can ex-convicts who've served their time get a medical marijuana card?
- GROW SITES: Where and how can I grow cannabis?
- HOUSING: Do I have to tell my landlord that I'm a patient?
- LIMITS: How much medicine / how many plants can I have?
- MINORS: Can people under age 18 qualify for medical marijuana?
- MONEY: My caregiver/grower wants to charge me for my medicine? Is that legal?
- NATUROPATHS: Can my naturopath / nurse practitioner sign for my card?
- NO DOCTOR: I don't really have a doctor, or haven't seen one lately. Can I still get a card?
- OUT-OF-STATE: What about patients from outside Oregon?
- TRAVEL: Does my Oregon Medical Marijuana Card work in other medical marijuana states?
- WALK-INS: Does AMC accept "walk-in" or "same day" patients?
ARREST: Does the medical marijuana card protect me from arrest?
At the state level, yes. The Oregon Medical Marijuana Act (OMMA) protects medical marijuana users who comply with it’s requirements from state criminal prosecution for production, possession, or delivery of marijuana.
However, The Oregon Department of Justice has advised DHS that the OMMA neither protects marijuana plants from seizure nor individuals from prosecution if the federal government chooses to take action against patients or caregivers under the federal Controlled Substances Act.
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BEHAVIOR: Where, when, and how can I use my medical marijuana?
Only a medical marijuana patient can consume cannabis and that must be done "out of public view". That literally means "where people can see you" whether or not they can see you at the moment.
For example, many a patient has consumed cannabis in a parking lot in their car. This is illegal, as you can theoretically be seen through your windshield by someone with binoculars from across the lot. But if you're in the back of a camper with the curtains pulled and cannot physically be seen, you'd be within your rights to consume.
So no smoking a joint while taking a walk in the wilderness, for example, as you could come upon someone who could see you, even if it is only the remotest possibility. But if you set up a tent in the wilderness that was not see-through, you'd be OK once again.
Nothing requires you to cover up public smell of cannabis use. It only matters that the public cannot possibly see you using cannabis. It is a sad consequence of marijuana prohibition that forces such absurd restrictions on medical marijuana patients.
Of course you cannot drive while impaired by medical marijuana. For other restrictions and expectations of behavior, read the Oregon Medical Marijuana Act.
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CHANGES: I need to change my address, caregiver, and/or grower...
Then you need to fill out a Change Request Form and:
- mail it to DHS/OMMP at PO Box 14450, Portland, OR 97293-0450, or
- deliver it to 800 NE Oregon St, 2nd Floor, Portland, or
- fax it to 971-673-1278
You must turn this form in within 30 days of the change.
If you are changing caregiver and/or grower, you should also notify them. DHS/OMMP will also mail them a notice after receipt of your Change Request Form and request they return their OMMP cards to the department.
ORS 475.309(10) A registry identification cardholder has the primary responsibility of notifying the primary caregiver and person responsible for the marijuana grow site that produces marijuana for the cardholder of any change in status of the cardholder. If the authority is notified by the cardholder that a primary caregiver or person responsible for a marijuana grow site has changed, the authority shall notify the primary caregiver or the person responsible for the marijuana grow site by mail at the address of record confirming the change in status and informing the caregiver or person that their card is no longer valid and must be returned to the authority.
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CONDITIONS: What medical conditions qualify me for medical marijuana?
The Oregon Medical Marijuana Program is open to patients with medical records documenting the conditions of:- cancer,
- glaucoma,
- agitation due to Alzheimer’s disease,
- positive status for human immunodeficiency virus or acquired immune deficiency syndrome (HIV/AIDS).
- cachexia,
- severe pain;
- severe nausea
- seizures, including but not limited to seizures caused by epilepsy;
- persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis.
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DELAYED CARD: It's taking forever to get my card from OMMP... am I still legal?
Yes! The moment you turn your application over to the Department of Human Services OMMP offices (800 NE Oregon St, Portland, OR), you are protected from arrest. Just be sure you keep a copy of your application and receipt from DHS on your person at all times.
ORS 475.309(9) A person who has applied for a registry identification card pursuant to this section but whose application has not yet been approved or denied, and who is contacted by any law enforcement officer in connection with the person’s administration, possession, delivery or production of marijuana for medical use may provide to the law enforcement officer a copy of the written documentation submitted to the authoritypursuant to subsection (2) or (3) of this section and proof of the date of mailing or other transmission of the documentation to the authority. This documentation shall have the same legal effect as a registry identification card until such time as the person receives notification that the application has been approved or denied.
If you are mailing your application (DHS/OMMP - PO Box 14450 Portland, OR 97293-0450) be sure to send it by Certified Mail so that you have proof of the date of mailing.
(When you think of it, your card being delayed is almost a good thing. It is a hassle to carry around the bulky paperwork, to be sure. But when you turn in your $200 application fee in January and OMMP doesn't get your card to you until, say, April, that card will be dated in April and will expire a year from April. In essence, you just got 15 months of protection for the price of 12.)
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DISCLOSURE: How do I get my medical records without letting my doctor know it is for medical marijuana?
You do not need to tell you doctor the reason you are requesting your medical records. It is your right to have a copy of them. You can simply say that you are requesting records for a another medical clinic, if you wish, or you can say you'd like to keep the matter private.
Or you can authorize Alternative Medical Choices to request your medical records for you. This can sometimes lead to faster turn-around times, as clinics are accustomed to sending records to other clinics. Nothing we send to your clinic will ever have the words "marijuana" or "cannabis" on them. We know you have to maintain a continuing relationship with your doctor and you may not wish to disclose your medical cannabis use.
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DISPENSARIES: How do I get my medical marijuana? Is there a dispensary?
At this time, there are no legal medical marijuana dispensaries in the State of Oregon. This leaves Oregon patients with the following options for acquiring medical cannabis:
Receive it from another OMMP Cardholder. Any OMMP Cardholder is allowed to give medicine and plants to any other OMMP Cardholder, so long as there is no consideration for the transfer. That means Cardholder A may give cannabis to Cardholder B, but Cardholder A may not sell, barter, trade, loan, or transfer anything of value to Cardholder B in exchange for medicine, including labor.
Activist groups provide cardholder-only meetings, patient lounges and cooperatives where patients, caregivers, and growers can network to build relationships that facilitate the distribution of excess medicine and plants to patients in need.
Grow it. All OMMP patients must list a single address where their medical marijuana will be grown, even if there is no immediate intention to actually grow cannabis there. The patient may choose to grow it him/herself, the patient may have a designated caregiver grow the cannabis, or the patient may designate a person responsible for a marijuana grow site to grow it for him/her.
Buy it. The selling of cannabis is strictly illegal in the State of Oregon. Anyone who sells cannabis - even if they have an OMMP card - will be prosecuted under criminal law in Oregon. However, OMMP cardholders are exempt from criminal prosecution for the possession of up to 24 ounces of cannabis and there are no criminal penalties for buying cannabis, only for possessing it. So while the person selling the cannabis can be arrested, the cardholder buying it cannot.
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EMPLOYMENT: Will my OMMP Card protect me from workplace drug testing?
No. Unfortunately the Oregon Supreme Court ruled in Washburn v. Columbia Forest Products that...
...where an individual’s symptoms can be mitigated so that they are not substantially limited in a major life activity then that person is not a “disabled individual” as defined by Oregon law. The Court found that Mr. Washburn was able to mitigate his spasms and obtain a regular night’s sleep through the use of medication. Thus he was not substantially limited in any major life activity and, thus, not disabled. (ACLU of Oregon)
Translation: you cannot claim your employer is discriminating against your disability for punishing your medical marijuana use if your medical marijuana use alleviates your disability.
Read that again and see if you can keep your head from spinning. Because your use of medical marijuana helps your condition, you're not disabled enough to protect yourself from discrimination for using it.
Then the Oregon Supreme Court ruled in Emerald Steel Fabricators v. Bureau of Labor and Industries that...
...the state law voters approved in 1998 – which shields possession, growth and distribution of medical marijuana from state criminal liability – does not override a federal law that classifies marijuana as illegal.
The decision means companies consistently can enforce zero-tolerance drug policies – and strikes a blow against medical marijuana advocates. Emerald Steel brings Oregon in line with both California and Washington rulings that say employers have no duty to accommodate medical marijuana use. (Inc.)
Translation: because marijuana is federally illegal, Oregon employers can discriminate against you, even though Oregon law says marijuana is to be "treated like other medicines".
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FEES: Can OMMP waive the application fee or accept payments?
No. The application fee cannot be waived. Partial payments cannot be accepted. Credit card payments are not accepted. A 10-day hold will be placed on all issuance of cards when the application is paid by personal check.
The fee to register with the State of Oregon is $200, or $20 for those who can demonstrate financial hardship. To be eligible for the reduced fee of $20, a patient must provide current proof that he or she receives Supplemental Security Income (SSI) benefits. The patient must provide a current eligibility statement at the time he or she is submitting his or her medical marijuana application.
Programs that DO NOT qualify for a reduced fee are as follows but not limited to: Social Security Disability Insurance (SSDI), Social Security Benefits (SSB), Food Stamps, Oregon Health Plan, or Medicare.
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FELONS: Can ex-convicts who've served their time get a medical marijuana card?
Depends on the card. Everybody can qualify for a patient card, regardless of felony convictions. And by felony convictions, OMMP specifically means...
(Not murder, rape, theft, burglary, fraud, and child abuse, mind you - those felonies won't impact your medical marijuana card at all. Just the felonies that involve growing and selling marijuana or drugs.)...a Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II convicted after January 1, 2006.
Patient Card: If you have that sort of felony conviction since 2006, you still can get your patient card, but you will be limited to just one ounce of marijuana for a period of five years from the date of conviction.
Caregiver Card: Your felony does not impact the right of a patient to name you as a caregiver. You are, however, subject to that same one ounce limitation as listed for the patient card above.
Grower Card: Your felony for growing or selling marijuana since 2006 means you cannot get a grower card or produce medical marijuana for a patient for five years following your conviction.
If you have two felonies for growing or selling marijuana since 2006, you can never get a grower card.
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GROW SITES: Where and how can I grow cannabis?
Every Oregon patient must designate an Oregon address as the site to grow the patient's cannabis, even if there is no intent to ever grow cannabis there. The patient can grow their own cannabis at that site. The patient's caregiver can grow cannabis at that site. The patient can designate a grower to grow at that site.
You cannot grow in more than one location. Thus a patient could not tend seedlings at home while her grower tends mature plants in another location. All plants must be at the grow site.
Cannabis grow sites can be indoor or outdoor, but they cannot be open to public view. This means high fences, greenhouses, and screens outdoors and no windows indoors where plants could possibly be seen.
Nobody dictates how you grow your cannabis. Soil, hydroponics, and aeroponics are all acceptable ways to grow cannabis.
You must post your grow site registration card in a visible location within your grow site near your plants.
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HOUSING: Do I have to tell my landlord that I'm a patient?
Nothing in the OMMA requires you to tell anyone about your participation in the medical marijuana program. However, nothing in the OMMA protects you from eviction for your medical use of cannabis, even if you strictly follow the OMMA. It is up to every patient to decide whether to inform their landlord, especially if they intend on growing cannabis in the home. It is wise to consult with an attorney* familiar with the OMMA before making that decision.
In the case of federally-subsidized housing, the OMMA does nothing to protect you, as the federal government does not recognize any state's medical marijuana laws. Oregon patients have been evicted from their housing in these circumstances.
It is truly a shame that some patients must make the agonizing choice of effective, safe and natural healthcare vs. risking their housing. Some must forgo cannabis and continue with debilitating pharmaceuticals and substandard relief because they have no other place to go or means to get there. Alternative Medical Choices will continue to fight for better legal protections for vulnerable patients.
*NORML provides a list of attorneys on the NORML Legal Committee who are specialists in marijuana law.
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LIMITS: How much medicine / how many plants can I have?
Between the patient, the caregiver, and the person responsible for a marijuana grow site ("grower"), there may be up twenty-four (24) ounces of dried, usable cannabis. Maybe the patient holds all 24 ounces. Maybe the patient hold 4 ounces, the caregiver holds 8 ounces, and the grower stores 12 ounces - regardless of the distribution, the total amount cannot exceed 24 ounces.
The patient may also own up to six (6) mature cannabis plants and eighteen (18) cannabis seedlings. However, maturity is not determined solely by the plant producing usable flowers. Rather, any cannabis plant is considered "mature" if it:- produces flowers, regardless of overall plant size;
- is larger than 12 inches in any direction, regardless of flowering.
All cannabis plants and seedlings must be kept at the address the patient listed as their grow site! This means if you receive a seedling at an activist meeting, you must deliver that plant to your grow site address immediately. Stopping elsewhere and leaving that plant at another location, even temporarily, is technically in violation of the OMMA.
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MINORS: Can people under age 18 qualify for medical marijuana?
Yes. So long as the parent or custodial guardian of the minor approves of the medical marijuana recommendation and agrees to serve as the minor's primary caregiver, a minor can register with the Oregon Medical Marijuana Prorgam.
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MONEY: My caregiver/grower wants to charge me for my medicine? Is that legal?
Not really. All of the dried, usable medicine and all plants, mature and seedling, are always the property of the patient. The grower does not own any of it, therefore, it is not his/hers to sell to you. In fact, at any time, the patient may demand the return of all medicine and plants from his/her caregiver/grower:
ORS 475.304(5) All usable marijuana, plants, seedlings and seeds associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site are the property of the registry identification cardholder and must be provided to the registry identification cardholder upon request.However...
ORS 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.
Note the use of the word "may", as in "if the patient chooses to do so". It is not "shall" or "will". A grower has no right to demand reimbursement for his/her supplies and utilities, but a patient may decide to reimburse his/her grower to foster a good working relationship.
Examples of supplies and utilities might include (but are not necessarily limited to):
- Lighting, ballasts, and fans for indoor growing;
- Soil, nutrients, and fertilizer;
- Electricity bill (the portion that is the justifiable cost of running lights and fans);
- Water bill (the portion that is the justifiable cost of watering the plants);
- Heating bill (the percentage of the overall total that covers the grow area);
- Pots, implements, building materials, anything required to build the grow area;
It is in the best interest of all parties involved to write out an agreement concerning reimbursement. There should never be a fixed cost for reimbursement on a per-weight basis (e.g., "How about you reimburse me for $300 per ounce?") as this represents a consideration based on the exchange of medicine, not a reimbursement for expenses incurred. Expenses will vary and production yield will vary, so it is impossible to derive a single, per weight fixed cost.
An example spreadsheet (download your own copy here) can give you an idea how a sample accounting of grow expenses might be calculated. Note that each harvest would produce different yield amounts and heat, water, and lights could vary from month to month, meaning the eventual reimbursement cost would always vary (and would be considerably less than $300 per ounce!)
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NATUROPATHS: Can my naturopath / nurse practitioner sign for my card?
No. Your physician must be a Medical Doctor (MD) or Doctor of Osteopathy (DO) licensed to practice medicine in Oregon. You must have an established patient/physician relationship with your “attending physician.” Naturopaths, chiropractors, and nurse practitioners cannot sign the documentation.
The State of Washington has recently amended its law to allow for medical professionals other than a MD or DO to recommend medical marijuana. Unfortunately, Oregon law has not been amended in that manner... yet.Return to Top
NO DOCTOR: I don't really have a doctor, or haven't seen one lately. Can I still get a card?
Oregon law requires there to be official chart notes and medical records from a medical doctor or doctor of osteopathy documenting your qualifying condition in order to apply for a medical marijuana card. These visits and records need to be within the past three years, so if you haven't seen a physician in that time to document your condition, we cannot help you acquire a medical marijuana recommendation.
This means even if you were to walk into our clinic clearly suffering from cancer, emaciated from cachexia, and moaning in severe pain, we could not give you a recommendation for medical marijuana, unless you have paper from a doctor that proves any of those conditions. It is an absurd and unfortunate consequence of marijuana prohibition that puts bureaucracy above patient care, but we must follow the law, much like the DMV requires medical documentation from amputees before giving them a handicapped parking placard.
If you can schedule appointments with your own doctor to document your qualifying condition(s), you can then submit those records to us (see Qualifying for Medical Marijuana) in order to verify your eligibility for medical marijuana. You can also see our Primary Care doctors to begin documenting your medical conditions.
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OUT-OF-STATE: What about patients from outside Oregon?
The Oregon Court of Appeals has recently ruled that there is no residency requirement for patients written into the Oregon Medical Marijuana Act. Thus, the court has ordered the Oregon Medical Marijuana Program to begin accepting patients from out-of-state.
Out-of-state patients will still need to visit an Oregon doctor; however, patient records documenting their condition may come to that Oregon doctor from the patient's primary care physician(s) from any state.
Alternative Medical Choices can help out-of-state patients get their Oregon medical marijuana card. Your Oregon card will only be valid in the state of Oregon and in medical marijuana states that recognize other states' cards (currently Montana, Michigan, and Rhode Island). See our Qualifying for Medical Marijuana page to begin the process of getting your recommendation for medical marijuana in Oregon.
Out-of-state patients will be required to designate an Oregon address as the location of their grow site (whether or not cannabis is actually grown there) and may designate a primary caregiver and a person responsible for a marijuana grow site, who also are not required to be Oregon residents.
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TRAVEL: Does my Oregon Medical Marijuana Card work in other medical marijuana states?
Some. Arizona, Maine, Michigan, and Rhode Island practice reciprocity - meaning they will honor a state-issued medical marijuana card from any state.
Unfortunately, Oregon patients are not protected when they head north or south on the West Coast, as neither California nor Washington will recognize an Oregon medical marijuana card.
We have been advised by patient advocates that Portland International Airport (PDX) will recognize the right of patients and caregivers to carry their medicine within the airport, so long as it is in a sealed, opaque container. Federal law still prohibits any marijuana for any use, so a cardholder's legality only applies while the cardholder is still in the airport. Once on the plane, taxing, in the air, or landing, a cardholder is under federal jurisdiction where medical marijuana is not recognized. Furthermore, if the cardholder is landing in any state but the ones practicing reciprocity listed above, the cardholder will be breaking state laws regarding cannabis possession. Also, the states that practice reciprocity have much lower possession limits than does Oregon. As always, consult your attorney before leaving the state with your medicine.
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WALK-INS: Does AMC accept "walk-in" or "same day" patients?
Sometimes. Usually Monday-Friday we book appointments in advance, but occasionally we will have Saturday clinics and sometimes we will accept same day appointments, but you should always call in advance. Please refer to our Calendar of Events to find our clinic schedules.
