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Written by Sketchy Justin
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Thursday, 25 February 2010 16:20 |
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Important Note: I am not a Physician or a Lawyer. The content of this article should not be used as medical or legal advice.
It is difficult to find basic information on obtaining a Medical Marijuana card in the state of Oregon. But the process itself isn't difficult. I learned via trial and error, but you can obtain your card by simply following four simple steps.
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Determine whether you have a debilitating condition
Oregon law defines a "debilitating condition" as any of the following: Cancer; Glaucoma; agitation due to Alzheimer's disease; HIV or AIDS; or any medical condition that produces certain specific symptoms: loss of body mass that cannot be reversed nutritionally; severe pain; severe nausea (no definition for "severe" is provided); seizures; or persistent muscle spasms such as those caused by multiple sclerosis. Additionally, any person may submit a petition to the Oregon Health Authority requesting that a particular disease or condition be included as a qualifying condition.
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Obtain a recommendation from a qualified MD or DO
It is possible that your primary care physician will be willing to write you a recommendation for medical cannabis. This will avoid the extra fees charged by medical marijuana clinics, fees that are not going to be covered by your insurance. These fees are typically around $100 and are separate from any fees charged by the state.
However, for a variety of reasons many doctors will not be willing to write a recommendation for medical marijuana, even if they believe that the medication can help. As a result, there are several medical marijuana clinics in the Portland area that can assist you with obtaining a recommendation from a qualified physician. These clinics will also be able to tell you whether or not your condition qualifies.
These clinics may have different requirements. The THC Clinic requested that I arrive with a copy of my medical records documenting the condition I believed would be helped through the use of medical cannabis. They asked that the condition be documented by two separate physicians and that those doctors be either an M.D. or D.O. No faith healers or herbalists. Real, practicing, licensed physicians.
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Register with the State
You will need to take your recommendation to the State and pay them $100. While your application is pending approval--this process will take months--you will receive temporary papers. Congratulations! You're legal.
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Obtain medication!
There are three ways to obtain medical marijuana.
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Buy on the black market.
This route is for criminals. You're better than that now! It is illegal to sell marijuana to anyone in Oregon--including cardholders. You are not breaking the law by purchasing your medication, but the seller is by charging for it. This makes Oregon unique from states like California, where commercialization of marijuana has caused dispensaries to expand at a rate that would make Starbucks envious.
The black market is potentially dangerous and you have no recourse if the medication you purchase is no better than dried oregano. I only recommend the black market as an avenue of last resort. It's a shame that it has to exist at all.
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Find someone to grow for you.
On your medical marijuana application you may list three people: Yourself, a primary caregiver, and a person responsible for your grow site. You may fill in the caregiver and grower fields with anyone but that person must be approved by the state or you risk having your application denied--anyone with a narcotics conviction is not a good choice.
Your grower is allowed to charge you for the cost of supplies and electricity. They cannot charge you for your medication or even for labor. This makes it difficult to find someone to grow for you as there is little incentive for them to undertake such an expensive and time-consuming operation. For this reason, many growers sell your "extra" medication and only accept medical marijuana patients to cover their real business. This is something many patients may not want to be a part of. Escape the black market!
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Grow your own!
This is the ideal solution but it cannot work for everyone. Going the do-it-yourself route is challenging, fun, and safer than the other methods of obtaining medication. You will have a hundred percent control over your medication supply. There are downsides to keep in mind, however.
Growing marijuana can be expensive. Seeds, lights, nutrients, power--all these things cost money. It is very time-consuming to grow your own and will require a fair amount of empty space. It is possible to grow medical marijuana in a closet but your growth potential will be limited by the small amount of space available.
If you're interested in growing your own medical cannabis, the Oregon branch of the National Organization for the Reformation of Marijuana Laws--or NORML--provides low-cost classes for patients, caregivers, and growers that will instruct you in the art and science of growing medical cannabis. High Times Magazine produces instructional DVDs. There are a variety of books published on the subject. If you have the time, money, and motivation to grow your own, it is the safest and most reliable option available at this time.
Legal Issues
Once you have your recommendation, approval from the state, and medication in hand, there are some legal gray areas to keep in mind. Police officers may still cite you for smoking in public--disorderly conduct or disturbing the peace are potential charges. If you want to avoid trouble or being inconvenienced, smoke in the privacy of your own home. Or try your hand at baking...
Oregon law does not protect you from your employer. If drug tests are required and you test positive for marijuana, you can still be dismissed or have your application for employment rejected. If you rent, you can be evicted from your home for growing or using medical cannabis. And if your home is located around the corner from a school, growing marijuana could potentially get you in trouble. The law is very unclear on this subject.
Thankfully, on October 19th 2009, Attorney General Eric Holder issued a memo that stated the federal Justice Department will no longer prosecute Medical Marijuana patients who are complying with the laws of their state, even when those laws contradict federal law. This memo has made obtaining medical marijuana safer and easier.
Sketchy Justin is a Portland writer and medical marijuana patient. He can be reached at
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