RECOMMENDING CANNABIS IN OREGON

 

The Oregon Health Authority oversees the Oregon Medical Marijuana Program, established through the Oregon Medical Marijuana Act, passed in 1998.   Patients and their caregivers must be registered with the program to benefit from the rights and protections granted under these statutes. 

 

Under ORS 475C.777, an "attending provider" who may provide the written documentation required for OMMP registration must be one of the following Oregon-licensed practitioners who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition:

  • Physician (MD or DO) licensed 
  • Physician Associate (PA) licensed 
  • Nurse Practitioner (NP) licensed 
  • Clinical Nurse Specialist (CNS) licensed 
  • Certified Registered Nurse Anesthetist (CRNA) 
  • Naturopathic Physician (ND) licensed 

Note: The term "physician assistant" was changed to "physician associate" in Oregon statute effective 2023. The current statutory and programmatic term is "physician associate."

Note: Telemedicine-status licensees under ORS 677.141(2)(c) may not provide written documentation for OMMP registration purposes, per the Oregon Medical Board. Confirm current licensure status and category before certifying patients. See Oregon Medical Board guidance on medical cannabis.

Chiropractors are not among the eligible provider types and may not provide the APS.

"Primary responsibility" means the attending provider serves in one of the following roles for the patient, as described on the OMMP Attending Providers page:

  • Provides primary health care for the patient
  • Provides medical specialty care and treatment for the patient
  • Is a consultant who has been asked to examine and treat the patient by the patient's primary care physician, physician associate, or nurse practitioner

The attending provider must also have reviewed the patient's medical records, conducted a thorough physical examination, and provided or planned follow-up care, with these acts documented in the medical record.

Oregon does not require attending providers to register separately with the OMMP before certifying patients. There is no state provider registry for OMMP participating practitioners.

A debilitating medical condition includes the following:

  • Cancer
  • Glaucoma
  • A degenerative or pervasive neurological condition
  • Positive status for human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS), or side effects related to treatment
  • A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following symptoms: cachexia; severe pain; severe nausea; seizures, including seizures caused by epilepsy; or persistent muscle spasms, including spasms caused by multiple sclerosis
  • Any other medical condition or treatment side effect adopted by the Oregon Health Authority by rule, or approved by the authority pursuant to a petition filed under ORS 475C.913

For current program guidance and any conditions added by OHA rule, visit the Oregon Medical Marijuana Program.

To provide the written documentation necessary for a patient's OMMP registration, the attending provider must complete an Attending Provider's Statement (APS)

The APS must:

  • Be signed by the attending provider no more than 90 days before the date the OMMP receives the patient's application.
  • State that the attending provider has diagnosed the patient with a debilitating medical condition and that the medical use of cannabis may mitigate the symptoms or effects of that condition.
  • Be based on the attending provider's personal assessment of the patient's medical history and current medical condition.
  • Confirm that the attending provider has discussed with the patient the potential risks and benefits associated with the medical use of cannabis.

An attending provider who provides the APS in compliance with these requirements is protected from professional disciplinary action by their licensing board under ORS 475C.891 and ORS 475C.892.

Patient registry identification cards expire annually.

A new APS is required at each annual renewal, signed within 90 days of the OMMP receiving the renewal application. A new physical examination and an updated medical records review, consistent with the attending provider's standard of care, are expected as the basis for each annual recertification.

Qualifying veterans with a total disability rating of 100% or a total and permanent service-connected disability are exempt from submitting a new APS at renewal.

Medical professionals have a legal right to recommend cannabis as a treatment in any state, as protected by the Medical Marijuana and Cannabidiol Research Expansion Act (Title III section 301) which became law on December 2, 2022, and the First Amendment (established by a 2004 United States Supreme Court decision to uphold earlier federal court rulings that doctors, and their patients have a fundamental Constitutional right to freely discuss treatment options).

DOWNLOAD MEDICAL PROFESSIONALS, MEDICAL CANNABIS & THE LAW 

 

 

State-by-state compassionate use programs are not the ultimate goal for medical cannabis patients; they are a means to aid patients in finding safe cannabis products until federal laws change. Americans for Safe Access is working to create a national program that would include prescriptions, standardized products, and a pathway to insurance coverage. Learn more about ASA Campaigns.

 

*UPDATE: FEDERAL CANNABIS LAWS HAVE CHANGED AS OF APRIL 28, 2026: Learn more here.

More resources for medical professionals are available here.

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