Oklahoma Compasionate Care Act (draft)

[PermaFried]

I found this outline of Oklahoma's MMJ Act on

OKLAHOMA COMPASSIONATE CARE CAMPAIGN'S PROPOSED LEGISLATION
FOR AN ACT ENTITLED, An Act to provide for certain medical uses of marijuana.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF OKLAHOMA

Section 1. Terms used in this Act mean:
(1) "Adequate supply," an amount of marijuana jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to assure the uninterrupted availability of marijuana for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition.
However, an adequate supply may not be construed to mean more than five ounces of usable marijuana; and/or twelve plants of the botanical genus Cannabis
(2) "Debilitating medical condition," any of the following:
(a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;
(b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
(i) Cachexia or wasting syndrome;
(ii) Severe pain;
(iii) Severe nausea;
(iv) Seizures, including those characteristic of epilepsy; or
(v) Severe and persistent muscle spasms, including those characteristic of
multiple sclerosis or Crohn's disease; or
(c) Any other medical condition for which a qualifying patient�s
physician has determined that the medical use of
marijuana is appropriate;
(3) "Marijuana," defined as any plant of the botanical genus Cannabis
(4) "Medical use," the acquisition, possession, cultivation, use, distribution, or
transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition. For the purposes of this subdivision, the term, distribution, is limited to the transfer of marijuana and paraphernalia from the primary caregiver to the qualifying patient;
(5) "Physician," any person who is licensed pursuant to 59 O.S. �725.2(C);
(6) "Primary caregiver," any person, other than the qualifying patient and the qualifying patient's physician, who is eighteen years of age or older who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of marijuana. In the case of a minor or an adult lacking legal capacity, the primary caregiver shall be a parent, guardian, or person having legal custody;
(7) "Qualifying patient," any person who has been diagnosed by a physician as having a debilitating medical condition;
(8) "Usable marijuana," the dried leaves, flowers and/or seeds of any plant of the botanical genus Cannabis, and any mixture or preparation thereof, appropriate for the medical use of marijuana. The term does not include the stems, stalks, and roots of the plant;
(9) "Written certification," the qualifying patient's medical records or a statement signed by a qualifying patient's physician, stating that in the physician's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.

Section 2. Notwithstanding any law to the contrary, the medical use of marijuana by a qualifying patient is permitted, but only if:
(1) The qualifying patient has been diagnosed by a physician as having a debilitating medical condition;
(2) The qualifying patient's physician has certified in writing that, in the physician's professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the particular qualifying patient; and
(3) The amount of marijuana retained for alleviation of the qualifying patient does not exceed an adequate supply.

Section 3. The provisions of section 2 of this Act do not apply to a qualifying patient under the age of eighteen years, unless:
(1) The qualifying patient's physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal custody of the qualifying patient; and
(2) The parent, guardian, or person who received the explanation consents in writing to:
(a) Allow the qualifying patient's medical use of marijuana;
(b) Serve as the qualifying patient's primary caregiver; and
(c) Control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient.

Section 4. Any physician who issues any written certification shall register the name, address, patient identification number, and other pertinent identifying information about the patient with the Department of Health.

Section 5. Any qualifying patient shall register with the Department of Health. Such registration is effective until the expiration of the certificate issued by the physician. Every qualifying patient shall provide sufficient identifying information to establish the personal identity of the qualifying patient and the primary caregiver. Every qualifying patient shall report any change in information within five working days. No qualifying patient may have more than one primary caregiver at any given time. The department shall issue to the qualifying patient a registration certificate and shall charge a fee of ($20) twenty dollars to be deposited in the state general fund.

Section 6. Any primary caregiver shall register with the Department of Health. No primary caregiver may be responsible for the care of more than one qualifying patient at any given time.

Section 7. Upon an inquiry by a law enforcement agency, the Department of Health shall verify whether the subject of the inquiry has registered with the department pursuant to this Act and may provide reasonable access to the registry information for official law enforcement purposes.

Section 8. The Department of Health may require that all written certifications comply with a designated form.

Section 9. Written certifications are valid for only one year from the date of signing.

Section 10. Nothing in this Act may be construed to require insurance coverage for the medical use of marijuana.

Section 11. If the qualifying patient and the primary caregiver strictly complied with the requirements of this Act, either or both may assert the medical use of marijuana as an affirmative defense to any prosecution involving marijuana under Oklahoma law.

Section 12. No qualifying patient or primary caregiver not complying with the permitted scope of the medical use of marijuana may be afforded protection against searches and seizures pertaining to the misapplication of the medical use of marijuana.

Section 13. No person is subject to arrest or prosecution for simply being in the presence or vicinity of the medical use of marijuana as permitted under this Act.

Section 14. No physician is subject to arrest or prosecution, to be penalized in any manner, or to be denied any right or privilege for providing written certification for the medical use of marijuana for a qualifying patient, if:
(1) The physician has diagnosed the patient as having a debilitating medical condition, as defined in this Act;
(2) The physician has explained the potential risks and benefits of the medical use of marijuana, as required pursuant to this Act;
(3) The written certification is based upon the physician's professional opinion after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship; and
(4) The physician has complied with the registration requirements of section 5 of this Act.

Section 15. Any marijuana, paraphernalia, or other property seized from a qualifying patient or primary caregiver in connection with a claimed medical use of marijuana under this Act shall be returned immediately upon the determination by a court that the qualifying patient or primary caregiver is entitled to the protections of this Act, as evidenced by a decision not to prosecute, a dismissal of charges, or an acquittal.

Section 16. Any person who makes a fraudulent misrepresentation to a law enforcement official of any material fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution is guilty of the crime of Obstruction of Public Officer, 21 O.S. �540.

Section 17. Any physician who makes a fraudulent misrepresentation to a law enforcement official of any material fact or circumstance relating to the issuance of a written certificate is guilty of the crime of Obstruction of Public Officer, 21 O.S. �540.
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[PermaFried]

Medical marijuana is "...one of the safest therapeutically active substances known to man." by the Honorable Francis Young, Administrative Law Judge Drug Enforcement Agency - 1989

 

[ac1610]

Has this proposal been put before legislation yet? Use for medicinal purposes have been approved by our neighbors Colorado and New Mexico. Personally, I have experienced cancer and extreme nausea combined with depression. When you are nauseated, you need something to calm everything down and keep it from coming up. Adding one more pill does not do that.
In Vancouver, I had the opportunity to legally smoke with an editor of a cannibis catalog.....superb!! I felt an immediate relaxation in all of my muscles and a drop in my blood pressure. I would rather watch someone smoke pot all night than drink alcohol. Pot smoker is going to go to sleep and the alcoholic is going to start drama. I've watched the alcoholics come in through large hospital emergency rooms and they are very difficult to talk to, reason with and are impulsive. Pot smokers either talk a lot or have very little to say. They are cooperative and I do not recall one violent episode.