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Caregiver / Patient Guidelines
The Law
* Costs
Medical Issues
Supply Shortfalls
Transportation
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The Law concerning OMMA (Oregon Medical Marijuana Act) - the Law itself and issues around it. 
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Caregiver/Patient Guidelines

The Oregon Medical Marijuana Act (OMMA) allows a qualified patient to designate any person to be their caregiver for the purposes of producing or using medical marijuana. This designated caregiver is then exempted from Oregon marijuana laws just as the patient is. There are various issues that need to be considered in this relationship. 

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The Law

Both patient and caregiver should be familiar with the provisions of OMMA. The full text of the law and related documents are provided by the Oregon Health Division with their information packet for patients. Contact the Oregon Medical Marijuana Program (OMMP) to request this information. 

If the garden is at the caregiver's residence, the caregiver can possess up to three dried ounces and the patient can possess up to one ounce at their residence. Either the patient or the caregiver can transport up to one ounce away from their residence. The garden can contain seven marijuana plants (3 mature). The garden must not be visible from a public place. 

Patients who exceed the explicit limits of the law may also be protected by an affirmative defense or choice of evils defense. There are many cases where strict compliance with the limits will cause patients to suffer because they are not using enough medicine. In such cases, patients should get a statement from their doctor stating that they require greater amounts. 

All participants should be aware that federal law still prohibits marijuana possession although it is unlikely that an OMMA cardholder would be prosecuted. OMMA does not allow sale of marijuana under any circumstances. 

Oregon - Legal Resources Oregon (OR) MJ LEGAL Resources, by NORML.  NORML Legal Committee members, and more for Oregon, by NORML - the National Organization for the Reform of Marijuana Laws.   ...   Visit - http://lawyers.norml.org/oregon.

Oregon - The Laws concerning marijuana The Laws concerning marijuana in Oregon.  By NORML, the National Organization for the Reform of Marijuana Laws. Visit: http://norml.org/laws/or for more.

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( Skip to next )   understanding what it takes ... ( previous ) 

Costs

There are costs associated with producing medical marijuana. Indoor gardens require lights, timers, fans, other equipment, and paying an electric bill. Outdoor gardens require soil, fertilizer, water, and other expenses. Costs vary greatly depending on individual circumstances and the size of the garden. OMMA does not allow the sale of marijuana under any circumstances but a patient paying the costs associated with a garden producing their medicine is not likely to be considered a sale. Patients and caregivers should agree on what, if any, contribution a patient will make towards expenses. 

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Medical Issues

The patient, in consultation with their physician, must ultimately be responsible for their own medical marijuana use. Caregivers can strive to provide a supply of high quality marijuana for patients to use; but they cannot take responsibility for the medical effects. Patients must inform themselves about the risks and benefits of using medical marijuana. 

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Supply Shortfalls

The grow-your-own system OMMA allows is much less dependable than a system allowing patients to buy medicine at a pharmacy or buyers club. It will take a caregiver 4-6 months to grow the first crop. Outdoor gardens will only produce one harvest each year. Indoor gardens can be subject to crop failures for a variety of reasons. Spider mites, over fertilizing, under fertilizing, and light cycle problems all can ruin a crop. The limit of three mature plants means there is no margin for error. 

Patients and caregivers should expect periods when they will have no medicine and should discuss some contingency plans. It can be helpful to be connected to a network of other patients and caregivers who might be able to help each other by providing a safety net. OMMA does allow any cardholder to give up to an ounce of marijuana to another cardholder. Some caregivers may purchase black market marijuana for patients, although this purchase is not fully protected by OMMA. 

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Transportation

Patients and caregivers should agree on who will transport the marijuana to the patient's residence. It is helpful if both parties have the same expectation about how this will occur. 

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( Skip to next )   possession issues (#2) ... ( previous ) 

Disputes

Patients and their caregivers should attempt to work out any disagreements themselves. MERCY can provide advice and information about the law, but we are not trained mediators and have no legal standing to intervene. The relationship is between two individuals. 

The most common reason for problems is the caregiver being unable to supply an adequate amount of medical marijuana for the patient's needs. Patients should try to estimate their needs and agree that a caregiver will make a good faith effort to produce this much. Both parties should be aware that patients often use more medicine once they have a steady affordable supply. Planning for this may help avoid problems. 

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( Skip to next )   making some changes ... ( previous ) 

Terminating the Relationship

Either party can terminate the relationship at any time. However, termination puts the caregiver in a problematic situation because their garden ceases to be exempted from laws prohibiting marijuana. Changes in the relationship should be thoroughly considered. 

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Monday, September 2, 2013 at 09:27 PM:
Jeffrey from CyberSpace wrote:
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