ORS 475C.777
Definitions for ORS 475C.770 to 475C.919

Text
Annotations 1

As used in ORS 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919):

(1)

“Attending provider” means one of the following health care providers who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition:

(a)

A physician licensed under ORS chapter 677;

(b)

A physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees);

(c)

A nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs);

(d)

A clinical nurse specialist licensed under ORS 678.370 (Clinical nurse specialists) and 678.372 (Rules for clinical nurse specialists);

(e)

A certified registered nurse anesthetist as defined in ORS 678.245 (Definitions for ORS 678.245 to 678.285); or

(f)

A naturopathic physician licensed under ORS chapter 685.

(2)

“Cannabinoid” means any of the chemical compounds that are the active constituents of marijuana.

(3)

“Cannabinoid concentrate” means a substance obtained by separating cannabinoids from marijuana by:

(a)

A mechanical extraction process;

(b)

A chemical extraction process using a nonhydrocarbon-based solvent, such as vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol;

(c)

A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or

(d)

Any other process identified by the Oregon Health Authority, in consultation with the Oregon Liquor and Cannabis Commission, by rule.

(4)

“Cannabinoid edible” means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried leaves or flowers of marijuana have been incorporated.

(5)

“Cannabinoid extract” means a substance obtained by separating cannabinoids from marijuana by:

(a)

A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane;

(b)

A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or

(c)

Any other process identified by the Oregon Health Authority, in consultation with the Oregon Liquor and Cannabis Commission, by rule.

(6)

“Debilitating medical condition” means:

(a)

Cancer, glaucoma, a degenerative or pervasive neurological condition, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or a side effect related to the treatment of those medical conditions;

(b)

A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

(A)

Cachexia;

(B)

Severe pain;

(C)

Severe nausea;

(D)

Seizures, including seizures caused by epilepsy; or

(E)

Persistent muscle spasms, including spasms caused by multiple sclerosis;

(c)

Post-traumatic stress disorder; or

(d)

Any other medical condition or side effect related to the treatment of a medical condition adopted by the Oregon Health Authority by rule or approved by the authority pursuant to a petition filed under ORS 475C.913 (Petitioning for disease or condition to be included as debilitating medical condition).

(7)

Intentionally left blank —Ed.

(a)

“Delivery” has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).

(b)

“Delivery” does not include transfer of marijuana by a registry identification cardholder to another registry identification cardholder if no consideration is paid for the transfer.

(8)

Intentionally left blank —Ed.

(a)

“Designated primary caregiver” means an individual:

(A)

Who is 18 years of age or older;

(B)

Who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition; and

(C)

Who is designated as the person responsible for managing the well-being of a person who has been diagnosed with a debilitating medical condition on that person’s application for a registry identification card or in other written notification submitted to the authority.

(b)

“Designated primary caregiver” does not include a person’s attending provider.

(9)

“High heat” means a temperature exceeding 180 degrees.

(10)

“Immature marijuana plant” means a marijuana plant that is not flowering.

(11)

Intentionally left blank —Ed.

(a)

“Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.

(b)

“Marijuana” does not include:

(A)

Industrial hemp, as defined in ORS 571.269 (Definitions for ORS 571.260 to 571.348); or

(B)

Prescription drugs, as that term is defined in ORS 689.005 (Definitions), including those containing one or more cannabinoids, that are approved by the United States Food and Drug Administration and dispensed by a pharmacy, as defined in ORS 689.005 (Definitions).

(12)

“Marijuana grow site” means a location registered under ORS 475C.792 (Marijuana grow site registration system) where marijuana is produced for use by a registry identification cardholder.

(13)

“Marijuana processing site” means a marijuana processing site registered under ORS 475C.815 (Marijuana processing site registration system) or a site for which an applicant has submitted an application for registration under ORS 475C.815 (Marijuana processing site registration system).

(14)

“Mature marijuana plant” means a marijuana plant that is not an immature marijuana plant.

(15)

Intentionally left blank —Ed.

(a)

“Medical cannabinoid product” means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to a person’s skin or hair, that contains cannabinoids or dried leaves or flowers of marijuana.

(b)

“Medical cannabinoid product” does not include:

(A)

Usable marijuana by itself;

(B)

A cannabinoid concentrate by itself;

(C)

A cannabinoid extract by itself; or

(D)

Industrial hemp, as defined in ORS 571.269 (Definitions for ORS 571.260 to 571.348).

(16)

“Medical marijuana dispensary” means a medical marijuana dispensary registered under ORS 475C.833 (Medical marijuana dispensary registration system) or a site for which an applicant has submitted an application for registration under ORS 475C.833 (Medical marijuana dispensary registration system).

(17)

“Medical use of marijuana” means the production, processing, possession, delivery or administration of marijuana, or use of paraphernalia used to administer marijuana, to mitigate the symptoms or effects of a debilitating medical condition.

(18)

“Person designated to produce marijuana by a registry identification cardholder” means a person designated to produce marijuana by a registry identification cardholder under ORS 475C.792 (Marijuana grow site registration system) who produces marijuana for a registry identification cardholder at an address other than the address where the registry identification cardholder resides or at an address where more than 12 mature marijuana plants are produced.

(19)

“Process” means the compounding or conversion of marijuana into medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts.

(20)

“Production” means:

(a)

Planting, cultivating, growing, trimming or harvesting marijuana; or

(b)

Drying marijuana leaves or flowers.

(21)

“Registry identification card” means a document issued by the Oregon Health Authority under ORS 475C.783 (Registry identification cardholders) that identifies a person authorized to engage in the medical use of marijuana and, if the person has a designated primary caregiver under ORS 475C.789 (Designated primary caregivers), the person’s designated primary caregiver.

(22)

“Registry identification cardholder” means a person to whom a registry identification card has been issued under ORS 475C.783 (Registry identification cardholders).

(23)

Intentionally left blank —Ed.

(a)

“Usable marijuana” means the dried leaves and flowers of marijuana.

(b)

“Usable marijuana” does not include:

(A)

The seeds, stalks and roots of marijuana; or

(B)

Waste material that is a by-product of producing marijuana.

(24)

“Written documentation” means a statement signed by the attending provider of a person diagnosed with a debilitating medical condition or copies of the person’s relevant medical records. [Formerly 475B.791]

Source: Section 475C.777 — Definitions for ORS 475C.770 to 475C.919, https://www.oregonlegislature.gov/bills_laws/ors/ors475C.html.

Law Review Citations

52 WLR 1 (2015)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 475C.777 Definitions for ORS 475C.770 to 475C.919

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(e)

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(24)

Law Review Citations

ORS 475C.777
Definitions for ORS 475C.770 to 475C.919