Finer points of the OMMA law

UncleBuck

Well-Known Member
so, today i printed out ORS 475 in full and read it. i wanted to be sure of some things that i already knew, and i want everyone else to be aware as well.

my 3 favorites:

1) ORS 475.304, article 7: a registry identification cardholder or the designated primary caregiver of the cardholder may reimburse the person responsible for a marijuana grow site the costs of supplies and utilities associated with the production of marijuana for the registry identification cardholder. no other costs associated with the production of marijuana for the registry identification cardholder, including he cost of labor, may be reimbursed

translation: you can ask other patients to cover the costs of your grow such as electric, nutrients, soil, containers, grow space, pest prevention or eradication, and any other supplies or utilities used in growing.

you may not charge for things like labor, rental space on a storefront to sell it, or jars in which to store the harvest. jars aren't used to produce cannabis, they house it afterward.

2) ORS 475.323, article 1: possession of a registry identification card or designated primary caregiver identification card pursuant to ORS 475.309 does not alone constitute probable cause to search the person or the property of the cardholder or otherwise subject the person or property of the cardholder to inspection by any governmental agency.

translation: the police may not search you for simply having a card.

3) ORS 475.324: a law enforcement officer who determines that a registry identification cardholder is in possession of amounts of usable marijuana or numbers of marijuana plants in excess of the amount or number authorized by ORS 475.320 may confiscate only any usable marijuana or plants that are in excess of the amount authorized.

translation: if you have a few extra clones about, you will not go to jail. those extra plants will be taken away, and that is it.



i keep a copy of the law by my front door, just in case any law enforcement officer wants to try to disagree or trick me or blow smoke up my ass. it is a good idea, and i urge everyone to print up a copy of this and keep it right by your front door, or wherever you keep your "registry identification cards".

:eyesmoke:

please feel free to comment or add your own favorite parts of the law, like how they may not destroy any equipment if they seize it and must return it afterward (ors 475.323, article 2)
 

yum114

Active Member
I must spread rep. Nice post! But we all know, that in most cases the police break the laws to so called "enforce" them
 

mcpurple

Well-Known Member
it is a nice post, you forgot to add though to not even talk to them about it at all, unless they got a warrant dont say a dam thing, just tell them you want a lawyer and they will bounce unless they really are theri for something big, like a bust, and even then dont talk lawyer up.

and i wish i would have known a lil more about the very last part, they tore my shit up and left it a mess
 

mcpurple

Well-Known Member
it is a good to have a copy of all the laws on MMJ on stand by/ never know when youll need them
 

Luther

Active Member
Well, if one has been a bad little legal grower and has been selling it then you may be in deep kim chee. And if that is the case then the boys in blue are going to laugh if you contest going into their little pockets. Are you sliding your "extra" ganj off to non OMMP card holders for a fee?

Can you guess what could happen? Your fucking paperwork by your grow tent isn't going to save you then. It will probably go into an evidence bag with a bucket full of stupidity by you know who.

You catch more flies with honey. But you catch more jail time with honey oil in the wrong hands. :D
 

Nubby Tubbs

New Member
this is BS. when they bust those chinamen with 20,000 watt growrooms and 25 pounds of pot in PDX, theyre not just takin the bulk away and letting them keep the rest... those chinamen are in JAIL headed for PRISON.

nice try trying to confuse people, though. listening to you is a surefire way to the joint.
 

UncleBuck

Well-Known Member
Well, if one has been a bad little legal grower and has been selling it then you may be in deep kim chee. And if that is the case then the boys in blue are going to laugh if you contest going into their little pockets. Are you sliding your "extra" ganj off to non OMMP card holders for a fee?

Can you guess what could happen? Your fucking paperwork by your grow tent isn't going to save you then. It will probably go into an evidence bag with a bucket full of stupidity by you know who.

You catch more flies with honey. But you catch more jail time with honey oil in the wrong hands. :D
yes, it is not a good idea to interact with the non-medical community.

this is BS. when they bust those chinamen with 20,000 watt growrooms and 25 pounds of pot in PDX, theyre not just takin the bulk away and letting them keep the rest... those chinamen are in JAIL headed for PRISON.

nice try trying to confuse people, though. listening to you is a surefire way to the joint.
ummm, yeah. 25 pounds is not a good way to stretch the law. if you know how to read, i said "a few extra clones", but thanks for playing.

also, dude, chinaman is not the preferred nomenclature. asian-american, please.

 

dirk d

Active Member
so in part 1 it sais you can reimburse the growsite party. however is that only the growers own patients or any ommp patient can reimburse any legal ommp grower. had a discussion with a friend and he said that you are only allowed to reimburse your own grower. we went back and forth for about 30 min.

also jars are used in the production of mmj. without jars how are you going to cure and complete the process. anything used in the production of mmj you are allowed to be reimbursed.

also i was under the impression that a certain % of the grow space is allowed to reimbursed for rent as long as that area is dedicated to the grow op only and not normally an unusable part of the building. ie closet or small storage area in attic.
 

UncleBuck

Well-Known Member
so in part 1 it sais you can reimburse the growsite party. however is that only the growers own patients or any ommp patient can reimburse any legal ommp grower. had a discussion with a friend and he said that you are only allowed to reimburse your own grower. we went back and forth for about 30 min.

also jars are used in the production of mmj. without jars how are you going to cure and complete the process. anything used in the production of mmj you are allowed to be reimbursed.

also i was under the impression that a certain % of the grow space is allowed to reimbursed for rent as long as that area is dedicated to the grow op only and not normally an unusable part of the building. ie closet or small storage area in attic.
part 1 says clearly that the cardholder or caregiver may reimburse "the person responsible for a marijuana grow site". i think that means anyone, not just your grower. otherwise they would have said "the person responsible for YOUR marijuana grow site"

part 2 is debatable, i would think at that point the marijuana has been "produced" and is now being "refined".

part 3 you are correct, if your grow room takes up 10% of your property, you can factor that into costs. i was speaking of a store front like a dispensary that does not grow or produce in any way, that is not something you may factor into costs.
 

dirk d

Active Member
as long as we are talking about ommp law, ive had several discussions with people who said that in oregon you are allowed to have an unlimited amount of cuttings. but in the ommp it sais you may have 18 per patient. anyone know which it is?
 

UncleBuck

Well-Known Member
as long as we are talking about ommp law, ive had several discussions with people who said that in oregon you are allowed to have an unlimited amount of cuttings. but in the ommp it sais you may have 18 per patient. anyone know which it is?
the way i look at cuttings is this: plants have roots. if it does not have roots, it can not be counted as a plant.

once it has roots, it can be counted as a plant.

not sure if that would hold up to legal muster, just my humble opinion.
 

Nubby Tubbs

New Member
loopholes...
part 1: reimbursing the person responsible for the growsite...well, which grow site??? THE ONE ON YOUR PAPERWORK. thats why they ask u for one, dude. u cant put down one growsite and get all of your weed from another <---thats my all-pro interpretation of this.

can we gripe and complain about the number of plants youre allowed to have? SIX!!!??? dude.. i have a pot habit.. almost a QP a month (you know how WE do it). how the eff am i gonna pull a QP a month if i can only have 6 flowering at a time? that leaves no time for vegging, either, which fux me even more.

and for the people who are misinformed thinking that growers can have more than one patient, well you better axx someone.
 

46&2

Member
and for the people who are misinformed thinking that growers can have more than one patient, well you better axx someone.
It says you can grow for no more than 4 patients or primary care providers.
 

46&2

Member
(b) May possess up to six mature plants and up to 24 ounces of usable marijuana for each cardholder or caregiver for whom marijuana is being produced. (c) May produce marijuana for no more than four registry identification cardholders or designated primary caregivers concurrently.
 

Nubby Tubbs

New Member
this is where it gets ALL grey and people go to prison. im just saying err on the side of caution. i have heard of people growing for 4 people, but you cant have a pound and a half for each... its 24 oz. max.
 
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