OAR 333-008-0090
Addition of Qualifying Diseases or Medical Conditions

(1) For the purposes of this rule, the following definitions apply:
(a) DSM means the latest published edition of Diagnostic and Statistical Manual of Mental Disorders.
(b) ICD means the most recent revision of the International Classification of Diseases published by the United Nations-sponsored World Health Organization that provides codes, up to six characters long, to classify diseases and a variety of signs, symptoms, abnormal findings, complaints, social circumstances, and external causes of injury or disease.
(c) Peer-reviewed published scientific study means that a study has been cited by the Cochrane Review, the Institute of Medicine, or PubMed Central.
(d) Petitioner means an individual who has filed a petition in accordance with ORS 475B.946 (Petitioning for disease or condition to be included as debilitating medical condition) and this rule.
(e) State Public Health Officer (SPHO) means the individual appointed by the Director of the Authority in accordance with ORS 431.045 (Public Health Officer), or his or her designee.
(2) The Authority shall accept a written petition from any person requesting that a particular disease or condition be included among the diseases and conditions that qualify as a debilitating medical condition under ORS 475B.791 (Definitions for ORS 475B.785 to 475B.949).
(a) A petition may only request a single disease or condition be added as a debilitating medical condition. A separate petition must be submitted for each disease or condition proposed to be added as a debilitating medical condition.
(b) A petition must be submitted by mail using a form prescribed by the Authority and must include, along with the form, the following in an electronic format (e.g. compact disc (CD) or thumb drive):
(A) A specific description of the disease or condition proposed to be added and its characteristics, including the applicable ICD code or the specific diagnosis as described in the DSM;
(B) A general explanation of how or why the petitioner believes marijuana would mitigate the symptoms or effects of the disease or condition that is the subject of the petition; and
(C) At least one peer-reviewed published scientific study showing the efficacy in humans for use of medical marijuana for the disease or condition that is the subject of the petition.
(c) A petitioner may also include with the information required to be submitted in subsection (2)(b) of this rule letters of support from physicians or other licensed health care professionals knowledgeable about the disease or condition proposed to be added, and any other information the petitioner believes the SPHO should review in considering the petition.
(d) If a petitioner submits a petition to add the same or a substantially equivalent disease or condition that was the subject of a petition that was denied by the SPHO within the last five years from the date a new petition is submitted, a petitioner must submit at least one peer-reviewed published scientific study that was published since the date the SPHO denied the previous petition for the same or substantially equivalent disease or condition.
(e) A petition may not contain individually identifiable health information as that is defined in ORS 433.443 (Authority of Public Health Director during public health emergency) unless any individual identified in relation to health information submits an Authorization for Use and Disclosure of Information on a form prescribed by the Authority. A petition that contains individually identifiable health information that is submitted without the required authorization must be returned to the petitioner as incomplete.
(f) A petition that does not contain all the information required by section (2) of this rule shall be returned to the petitioner as incomplete. A petition returned as incomplete is not considered a denial for purposes of subsection (2)(d) of this rule.
(3) If the petitioner has submitted a petition with all the information required in section (2) of this rule, the SPHO must:
(a) Assign a petition number to the petition;
(b) Notify the petitioner by certified mail that the petition has been accepted;
(c) Post a notice, a copy of the petition and materials submitted by the petitioner on the Authority’s website announcing that the petition has been accepted and is under consideration, and solicit information from individuals or organizations concerning experts in cannabis therapeutics and scientific studies, including but not limited to peer-reviewed published scientific studies;
(d) Notify the Oregon Cannabis Commission (OCC)by electronic mail that the petition is under consideration, and request from the OCC recommendations regarding relevant experts and information pertinent to the petition;
(e) Conduct an investigation that may, as the SPHO determines necessary, include:
(A) Consulting with one or more experts in cannabis therapeutics and one or more experts on the disease or condition that is the subject of the petition;
(B) Requesting a literature review and a summary of peer-reviewed published scientific studies related to the use of marijuana for the disease or condition that is the subject of the petition, from neutral persons knowledgeable about conducting such reviews; and
(C) Gathering any other information the SPHO believes relevant to making a decision on the petition.
(f) Hold a public hearing at a time and place determined by the SPHO. At the public hearing the petitioner shall have the opportunity to address the SPHO in person or by telephone. Written comments shall be accepted by the SPHO for one week following the close of the public hearing.
(4) Following the investigation identified in subsection (3)(e) of this rule and the close of the public comment period specified in subsection (3)(f) of this rule, the SPHO must issue a Notice of Intent to either approve or deny the petition.
(a) The SPHO must issue a Notice of Intent to Approve the petition if, based on the evidence presented to and considered by the SPHO, the SPHO finds that:
(A) Marijuana is efficacious for the disease or condition that is the subject of the petition or marijuana may mitigate the symptoms or effects of the disease or condition that is the subject of the petition; and
(B) Any risk of physical or mental harm from using marijuana for the disease or condition that is the subject of the petition is outweighed by the physical or mental benefit of using marijuana for that disease or condition.
(b) The SPHO must issue a Notice of Intent to Deny the petition if the SPHO determines that the evidence presented to and considered by the SPHO does not meet the standards established in subsection (4)(a) of this rule.
(c) The Notice of Intent must be in writing and must describe all evidence and information upon which the decision of the SPHO is based, including the identity and credentials of all experts relied upon.
(d) If the Authority issues a Notice of Intent to Deny the petitioner is entitled to a contested case hearing as provided under ORS chapter 183. The petitioner has 30 days to request a hearing.
(5) At a contested case hearing, the petitioner has the burden of proving the decision of the SPHO was without a reasonable basis in fact.
(6) The SPHO must issue a final order within 180 days of receipt of a complete petition.
(7) A petitioner may withdraw his or her petition without prejudice at any time prior to the public hearing specified in subsection (3)(f) of this rule. A petition withdrawn after the public hearing specified in subsection (3)(f) of this rule shall be deemed denied for purposes of this rule.

Source: Rule 333-008-0090 — Addition of Qualifying Diseases or Medical Conditions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-008-0090.

333–008–0010
Definitions 333–008–0020
New Registry Identification Card Application Process 333–008–0021
Patient and PRMG New and Renewal Fees 333–008–0022
Proof of Residency 333–008–0023
Patient Application Review Process 333–008–0025
Person Responsible for a Marijuana Grow Site Criteria 333–008–0030
Approval of New and Renewal Patient Applications 333–008–0033
Approval of New or Renewal PRMG and Grow Site Application 333–008–0035
Denial of Patient Application 333–008–0037
Denial of Designation of Caregiver or Person Responsible for a Marijuana Grow Site 333–008–0040
Annual Renewal 333–008–0045
Notification of Changes 333–008–0047
Interim Addition or Change of Person Responsible for a Marijuana Grow Site or Grow Site Address 333–008–0049
Timely Submission to the Oregon Health Authority 333–008–0080
Permissible Amounts of Medical Marijuana for Patients and Caregivers 333–008–0085
Designated Primary Caregivers and Organization or Facility Caregivers 333–008–0090
Addition of Qualifying Diseases or Medical Conditions 333–008–0110
Oregon Cannabis Commission 333–008–0500
Request for Grandfathered Grow Site 333–008–0510
Review of Petition For Grandfathered Grow Site 333–008–0520
Approval of Petition for Grandfathered Grow Site 333–008–0530
Denial of Petition for Grandfathered Grow Site 333–008–0540
Requirements for Grandfathered Grow Sites 333–008–0550
General Person Responsible for a Marijuana Grow Site Requirements 333–008–0560
Grow Site Plant Limits 333–008–0570
Designation of Plants at Grow Site Address 333–008–0580
Usable Marijuana Possession Limits for a Person Designated to Produce Marijuana by a Patient 333–008–0585
Personal Agreement 333–008–0590
Permissible Transfers of Marijuana 333–008–0595
Transfers from Commission Licensees 333–008–0600
PRMG Labeling, Packaging and Testing Requirements 333–008–0630
PRMG Documentation Requirements 333–008–0635
Grow Site CTS Tracking 333–008–0638
Grow Site Administrators for CTS Tracking 333–008–0700
OMMP Monitoring, Investigation, and Enforcement: Monitoring and Investigations 333–008–0710
OMMP Monitoring, Investigation, and Enforcement: Grow Site Inspections 333–008–0720
OMMP Monitoring, Investigation, and Enforcement: Violations 333–008–0730
OMMP Monitoring, Investigation, and Enforcement: Suspension and Revocation 333–008–0740
OMMP Monitoring, Investigation, and Enforcement: Civil Penalties 333–008–0750
OMMP Monitoring, Investigation, and Enforcement: General Powers 333–008–1000
Medical Marijuana Dispensaries: Applicability 333–008–1010
Medical Marijuana Dispensaries: Definitions 333–008–1020
Medical Marijuana Dispensaries: Application for Medical Marijuana Dispensary Registration 333–008–1030
Dispensary Fees 333–008–1040
Medical Marijuana Dispensaries: Dispensary Application Review 333–008–1050
Medical Marijuana Dispensaries: Dispensary Pre-Approval Inspection 333–008–1060
Medical Marijuana Dispensaries: Denial of Dispensary Application 333–008–1063
Medical Marijuana Dispensaries: Withdrawal of Dispensary Application 333–008–1070
Expiration and Renewal of Dispensary Registration 333–008–1075
Medical Marijuana Dispensaries: PRD Criteria and Responsibilities 333–008–1078
Medical Marijuana Dispensaries: Removal, Addition, Change, Designation or Assignment of PRD 333–008–1110
Medical Marijuana Dispensaries: Locations of Medical Marijuana Dispensaries 333–008–1200
Medical Marijuana Dispensaries: Operation of Registered Dispensaries 333–008–1205
Registered Dispensary Signage 333–008–1230
Medical Marijuana Dispensaries: Transfers to a Registered Dispensary 333–008–1245
Transfers From a Registered Dispensary to a Patient or Designated Primary Caregiver 333–008–1247
Medical Marijuana Dispensaries: Registered Dispensary Record Keeping 333–008–1252
Dispensary CTS Tracking 333–008–1255
Medical Marijuana Dispensaries: Non-Profit Dispensaries 333–008–1600
Medical Marijuana Processors: Applicability 333–008–1610
Medical Marijuana Processors: Definitions 333–008–1620
Medical Marijuana Processors: Application for Medical Marijuana Processing Site Registration 333–008–1630
Medical Marijuana Processors: Processing Site Fees 333–008–1650
Medical Marijuana Processors: Processing Site Application Review 333–008–1660
Medical Marijuana Processors: Processing Site Pre-Approval Inspection 333–008–1670
Medical Marijuana Processors: Denial of Processing Site Application 333–008–1680
Medical Marijuana Processors: Withdrawal of Processing Site Application 333–008–1690
Medical Marijuana Processors: Expiration and Renewal of Registration for Processing Site 333–008–1700
Medical Marijuana Processors: Processing Site Endorsements 333–008–1710
Medical Marijuana Processors: PRP Criteria and Responsibilities 333–008–1720
Medical Marijuana Processors: Removal, Addition, Change, Designation or Assignment of PRP 333–008–1730
Medical Marijuana Processors: Registered Processing Site Premises Restrictions and Requirements 333–008–1740
Medical Marijuana Processors: Operation of Registered Processing Site 333–008–1750
Medical Marijuana Processors: Processor Training Requirements 333–008–1760
Medical Marijuana Processors: Transfers to a Registered Processing Site 333–008–1770
Medical Marijuana Processors: Transfers from a Registered Processing Site 333–008–1780
Medical Marijuana Processors: General Processing Site Health and Safety Requirements 333–008–1790
Medical Marijuana Processors: Cannabinoid Edible Processor Requirements 333–008–1800
Medical Marijuana Processors: Cannabinoid Concentrate and Extract Processor Requirements 333–008–1810
Medical Marijuana Processors: Cannabinoid Topical, Tincture, Capsule, Suppository or Transdermal Patch Processor 333–008–1820
Medical Marijuana Processors: Registered Processing Site Recordkeeping 333–008–1835
Medical Marijuana Processors: Processing Site CTS Tracking 333–008–2000
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Definitions 333–008–2010
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Communication with the Oregon Health Authority 333–008–2020
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Criminal Background Checks 333–008–2030
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Notification of Changes 333–008–2040
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Changing, Altering, or Modifying Licensed Premises 333–008–2050
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Change in Location 333–008–2060
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Secretary of State Registration Required 333–008–2070
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Advertising Restrictions 333–008–2080
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Security Requirements 333–008–2090
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Video Surveillance Equipment 333–008–2100
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Required Camera Coverage and Camera Placement 333–008–2110
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Video Recording Requirements 333–008–2120
General Requirements for Medical Marijuana Processing Sites and Dispensaries Location and Maintenance of Surveillance Equipment 333–008–2140
General Requirements for Medical Marijuana Processing Sites and Dispensaries: State and Local Safety Inspections 333–008–2150
General Requirements for Medical Marijuana Processing Sites and Dispensaries: General Sanitary Requirements 333–008–2160
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Foreclosure 333–008–2170
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Inspections 333–008–2180
Violations 333–008–2190
General Requirements for Medical Marijuana Processing Sites and Dispensaries Enforcement 333–008–2200
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Civil Penalties 333–008–2210
Penalty Matrix 333–008–3000
Medical Marijuana Records: Medical Marijuana Confidentiality 333–008–3010
Medical Marijuana Records: System to Allow Verification of Data at All Times By State and Local Law Enforcement 333–008–9905
OMMP Operations During Declared Emergency
Last Updated

Jun. 8, 2021

Rule 333-008-0090’s source at or​.us