|Graphic: MERCY Centers|
Any eligible patient in the United States may now obtain a medical marijuana card in Oregon.
The Oregon Medical Marijuana Program (OMMP) may no longer require Oregon residency as a part of the medical marijuana permit application process, reports Rachel Cheeseman at The Oregon Politico.
Applicants formerly needed to supply proof of residency as well as Oregon identification as part of their application. However, OMMP was informed by the Department of Justice that such a requirement was inconsistent with the language of the bill.
Tawana Nichols, OMMP manager, said while the program was created with the intent of specifically benefiting Oregonians, there was no requirement of Oregon residency written into the bill, so they could not lawfully require it.
While Oregon residency will not, for now, be a requirement, patients still must be authorized to use medical marijuana by a licensed Oregon physician holding either an MD or a DO (doctor of osteopathy) and obtain their cannabis within the state.
The protection afforded by the program does not extend beyond Oregon’s borders.
OMMP had initially, on the advice of its counsel, refused to process out-of-state applications, reports “Radical” Russ Belville at The NORML Stash Blog. But on June 14, the Oregon Attorney General issued an opinion (PDF) concluding that:
(1) The OMMA contains no Oregon residency requirement for obtaining an Oregon registry identification card; and,
(2) The Oregon Legislature could limit eligibility for Oregon registry identification cards to Oregon residents without violating the federal constitutional right to travel.
In response, the OMMP has issued temporary administrative rules (PDF) amending Oregon Administrative Rule 333-00800020 to facilitate the processing of out-of-state applications.