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The most frequently asked questions about the Oregon Medical Marijuana Program: 1.) Can you refer me to a doctor? No, because the names of doctors who have submitted forms or letters or chart notes for their patients are confidential, and no physician has requested to be on a referral list at this time. 2.) Where do I get the seeds or plants to start growing medical marijuana? The Oregon Health Division is not a resource for this process, and we do not have any information we can give out. 3.) I do not have the money for the fee. Is it a one-time payment? Can it be waived? Can I make installment payments? Will my insurance pay? The answer to all of these questions is "no." The Oregon Medical Marijuana Act was approved by voters in November of 1998 with the provision that the administration of the registry system would be supported by patient fees. We arrived at the current fee by taking our estimated annual budget and dividing it by the number of patients proponents of the Act told us to expect ($75,000/500 = $150 per patient). If other funds are provided by the legislature or outside foundations, or if program expenses are lower than anticipated, the fee may be reduced next year. In the meantime, we do not have any criteria for waiving the fee, and setting up a payment system would incur even higher administrative costs. Finally, at this time, we know of no insurance plan, including the Oregon Health Plan, which will pay for the fee. [Please note: if an application is denied, the fee is returned or refunded.] 4.) Why do I have to have a doctor sign the form or send a chart note? Why can't I just provide my medical records? According to the Oregon Medical Marijuana Act [Section 4 (2)(a)], and Oregon Administrative Rules 333-008-0020 (1)(a), a doctor must state in writing that the patient has a qualifying medical condition and that medical marijuana might mitigate the symptoms or effects of that condition. Sending medical records is fine as long as they clearly show the doctor is aware that medical marijuana is being used as a treatment, and he/she indicates it might be of some benefit. Otherwise, a written statement, form, or authorized chart note must be provided. Also, please be aware that a patient may have more than one "attending physician" (for example, an internist, a pain specialist, an oncologist, etc.). The Health Division will accept documentation from any physician who is treating the patient. We call each physician during the application process to verify that the patient is under the doctor's care, and that the patient's chart contains a copy of the documentation submitted with the application. 5.) Why are only M.D.'s (Medical Doctors) and D.O.'s (Doctors of Osteopathy) qualified to render the opinion? Why not chiropractors or naturopaths or nurse practitioners? Does the doctor have to be licensed in Oregon? The Oregon Medical Marijuana Act states that "Attending physician" means a physician licensed under ORS chapter 677. M.D.'s and D.O.'s are the doctors licensed under this chapter. The law also specifies that the doctor be licensed in Oregon. We verify with the Board of Medical Examiners that the doctor has a valid license and has no disqualifying restrictions. 6.) Why can't I go to a pharmacy to fill a prescription for medical marijuana? Pharmacies can only dispense medications that are prescribed. Marijuana is classified by the federal government as a Schedule I drug, which means it cannot be prescribed by any health care professional. The Oregon Medical Marijuana Act allows patients to grow their own medical marijuana for their private use. 7.) Is the Oregon Medical Marijuana Act recognized by other states? Can I travel to another state with an ounce of medical marijuana and my registration card? At this time, we do not know of any "reciprocity" arrangements with other states to honor the Oregon law. This even includes those states that have medical marijuana laws of their own, such as Washington and California. As far as we know, the Oregon Medical Marijuana Act is only recognized within our state. 8.) Is my confidentiality protected? Yes. No lists of patients or doctors are given out to anyone. Law enforcement may only call to verify a specific name or address, and we will tell them if that patient or address is registered, or if an application is in process. The data base cannot be accessed from the outside because it is a stand-alone system, and is not connected to any sort of computer network. Paper files are kept locked up when not in use. 9.) Why is getting the registration card important? If a patient is complying with all aspects of the Oregon Medical Marijuana Act, the registration card will prevent an arrest for possession of marijuana within the amounts specified in the law. Without the card, a patient may assert an "affirmative defense" before a trial, but may still be arrested and have his or her plants confiscated, as well as having to pay court costs and attorney's fees. 10.) What should I tell my employer when I am subjected to a drug test? The Act states that employers are not required to accommodate the use
of medical marijuana. However, we have heard that some employers do plan
to treat medical marijuana like any prescription drug which might impair
ability. We hope to develop guidelines for employers and patients to follow
in the near future. In the meantime, a patient may contact us stating that
we may release information about the patient's registration to an employer,
and we will do so.
Please remember that the Health Division's role is simply to administer the Oregon Medical Marijuana Act as approved by the voters of this state. We did not write the law and do not have any authority to change it or to disregard its provisions. We will do everything we can to make the registration process work smoothly and efficiently. |