Are you required to post OMMP patient numbers outside visible for the feds?

[BavarianFarmer]

Hi!
So a guy told me that you have to post my ommp patient numbers outside on a big board or something for when the cops come to "buzz?" fly over me they can check the numbers and be on their way. I looked everywhere in the handbook and it says nothing about this. He seems really sure though about it and does it himself. I dont really want to advertise to anything flying over for no reason. Thanks!
BF

 

[ganjherbsmoke]

that sounds really sketch lol
i think you should always have your paperwork on you and copies at your house
post em on your grow for sure but outside your house thats just insane bro
thats just asking for trouble imo

the way you guy's have it worded like they can come in at any moment just sounds scary to me like "when the cops come to buzz" how often does that happen
ive been a cg here for 2 years and dont even know a person whos had a visit is it really that sketch there?

 

[BavarianFarmer]

I only carry my med card, not my grow card, if I lose my wallet I dont want a free ticket to the address of my grow in it. I have never been buzzed and dont think I ever should be. I am pretty sure there is no one with the job title of going around to ommp addresses checking up on them. They would have to have a warrant. This guy sure thinks the other though. Maybe he is on the sketchy side of the law and they ARE checking up on him. Anyway, just though I'd see what some others said. I'm not posting outside until it shows up as a rule in the handbook. It's insane indeed
BF

 

[Sea Of Green]

I can tell you for sure that he's wrong on that one. Paranoid delusions. For one thing, any and all of one's medical information is strictly private. No one is under any obligation to divulge anything regarding the medications they take, or any medical conditions or illnesses they have. It's actually illegal for ANYONE to share ANY of your medical information with anyone else without your written consent. And NO ONE needs to know that you participate in a state sanctioned medical marijuana program, EXCEPT THE STATE. Whether you're a grower, caregiver, or a patient. That's NOBODY'S business but yours, and/or the patient's.

For another thing, "display the registration card at the marijuana grow site" does not mean it must be posted in public view. It can be displayed ANYWHERE at the grow site. "Displayed" means out in the open and easily viewed. Not hidden, like in a file cabinet, drawer, or underneath of anything. You can have it laying on the counter, shelf, table, floor, or hung on the wall(or on the ceiling for that matter), inside or outside. To display it outside for all to see however is definitely not required and is, quite frankly, asinine.

I keep mine hung on the wall, in plain view, in the first room you enter at my grow location. Directly upon entering you need only look to your right, and there it is on the wall posted at eye level for easy viewing. I've had police in there on several occasions, and they've never had a problem with the way I've displayed it. In fact, they've never said word to me about it, or the fact that there were marijuana plants growing in plain site there too. They've always acted as though it weren't even happening. Like the shit was invisible.

(3) A person who has been issued a marijuana grow site registration card under this section must display the registration card at the marijuana grow site at all times when marijuana is being produced.

 

[BavarianFarmer]

Thanks for the thorough explanation! I am going to have to fill him in on his stupidity. Cause he has preached to more than one person about posting everything up outside. Crazy...
BF

 

[PDX420Grower]

I heard of a guy that copied and enlarged his info (like a billboard) and put it on his roof. Said he grows huge trees outdoor and if the cops fly over they just fly off and don't even end up at his door. Personally, if my plant limits were cool, I wouldn't spend extra money to post up a huge "card". If they see the trees and wanna come out, let them waste their time. Better then advertising to everyone else who flies over you. -PDX

 

[Sea Of Green]

Here's something else that I found rereading the rules just now. Turns out I wasn't 100% right technically speaking, but my ethics were 100% sound atleast.

475.331
List of persons issued registry identification cards, designated primary caregivers and authorized grow sites; disclosure.
(1)
(a) The Department of Human Services shall create and maintain a list of the persons to whom the department has issued registry identification cards, the names of any designated primary caregivers and the addresses of authorized marijuana grow sites. Except as provided in subsection (2) of this section, the list shall be confidential and not subject to public disclosure.

(b) The department shall develop a system by which authorized employees of state and local law enforcement agencies may verify at all times that a person is a lawful possessor of a registry identification card or the designated primary caregiver of a lawful possessor of a registry identification card or that a location is an authorized marijuana grow site.

(2) Names and other identifying information from the list established pursuant to subsection (1) of this section may be released to:

(a) Authorized employees of the department as necessary to perform official duties of the department; and

(b) Authorized employees of state or local law enforcement agencies, only as necessary to verify that a person is a lawful possessor of a registry identification card or the designated primary caregiver of a lawful possessor of a registry identification card or that a location is an authorized marijuana grow site. Prior to being provided identifying information from the list, authorized employees of state or local law enforcement agencies shall provide to the department adequate identification, such as a badge number or similar authentication of authority.

(3) Authorized employees of state or local law enforcement agencies that obtain identifying information from the list as authorized under this section may not release or use the information for any purpose other than verification that a person is a lawful possessor of a registry identification card or the designated primary caregiver of a lawful possessor of a registry identification card or that a location is an authorized marijuana grow site. [1999 c.4 §12; 2005 c.822 §5]

So if cops want to find out if you're growing, caregiving, or authorized to use medicinally, they already can EASILY. They don't need your help in finding out.

 

[Apis]

It's protected health information under HIPAA regulations. This means that nobody can find out WHY you have the card (that's protected)...law enforcement CAN however, check to see if you are OMMP.

For example; Nosy Nelly neighbor calls the fuzz and says you are growing weed. Cops query the OMMP database set up for them to see if you are legal or not. If your name is on it then all is well (unless they have reason to think you are not following the rules). If you are not legal then they will kick your door in.

My understanding is they are not be privy to the qualifying condition that allows you to have your card (once gain protected under HIPAA). *I've been through many official HIPAA trainings*

Most Cops don't give a rats ass about med growers following the rules.

So the short answer is whoever told you that is full of dookie and by displaying a sign outside, in public, you are inviting thieves/robbers.

Oh and finally, to the Feds there is no legal medical marijuana. It's still against Federal law so it wouldn't make any difference to them.

 

[BavarianFarmer]

Thanks for all the info guys!

 

[Smokey503ski]

Rookies!

In Oregon, you do not have to have a giant sized poster of your cards.

If the Police suspect a grow, They are first to call DHS. When your name is proven that you are covered by the OMMP. They have no right to do anything.

With outdoor this can be different. There is not a specified number for how many growers can be at one site. You can put a few hundred growers on one site legally. But if they went over the 99 fed limit, well then it's fed time.

With the outdoor, when they fly over and see a large garden, first they count them, most growers usually have 4 cards, so 24 plants flowering. They call DHS, see how many cards are covered at the address.
Only time I have ever heard of someone getting messed with is when they had a odd number of plants. He had 7 plants. The Cops thought he was 1 over, so they went straight to his door w/o checking. All he had to do was show his cards and they left.

Now here is where the grower needs to watch his ass. Call DHS once a week to see how many patients you have. Some of them will switch grower from week to week trying to score as much weed as they can. While the whole time the grower thinks they are covered.

This happened to me once. First time taking a patient, gave him meds the first day. About a week later he came with the Cops to my house trying to get "his" 24 ounces and his 6 flowering plants. He tried telling the Cops that they are his and he is taking them.

I showed the cop my grow, I only had 6 plants. Showed him when I took him on as a patient. The Cop laughed at the patient for pretty much trying to rip me off.
The funny part is, the kids car would not start after the cop left. I think he got a few stitches "trying" to fix his car. He "slipped" and hit his head on the hood and put a nice sized dent in it.

Patients, Do not fuck your grower over. We have your address also!

 

[PDX420Grower]

Wow Smokey, Thats a TRUE a piece of sh!t. After hooking him up with meds, he comes over, with cops, to snatch your sh!t.. Wow, ballsy lil f*cker. I wonder how many other growers hes screwed over like that.

 

[Sea Of Green]

Now here is where the grower needs to watch his ass. Call DHS once a week to see how many patients you have. Some of them will switch grower from week to week trying to score as much weed as they can. While the whole time the grower thinks they are covered.

They probably won't do shit anyway, except possibly take whatever you have that is over the quantitative limits allowed for possession of usable marijuana or number of marijuana plants being grown. They have the right to do that. But unless you were grossly out of line, I don't think they'd prosecute IMO.

On a similar note, I had the police seize a small container with about ~2g in it a couple years back. The dickheads slapped cuffs on me so fast I couldn't even get the words "medical marijuana" out of my mouth. Then after stating it, they told me that since they already took it, I'd have to come get it at the station later. Well, that later was over a year later. Which was illegal, since they must return it to the patient for whom it was produced IMMEDIATELY. But, since it was nothing worth fighting about, I let them have their way. Which was to make me wait until all the charges against me had been resolved to get it back. I was never charged with any crimes, so I did eventually retrieve it, and some firearms they seized as well that day.:cool0041:

Being "legal" is good, but it isn't devoid of all hassles.

475.323
Effect of possession of registry identification card or designated primary caregiver card on search and seizure rights. (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 property of the cardholder or otherwise subject the person or property of the cardholder to inspection by any governmental agency.

(2) Any property interest possessed, owned or used in connection with the medical use of marijuana or acts incidental to the medical use of marijuana that has been seized by state or local law enforcement officers may not be harmed, neglected, injured or destroyed while in the possession of any law enforcement agency. A law enforcement agency has no responsibility to maintain live marijuana plants lawfully seized. No such property interest may be forfeited under any provision of law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense. Usable marijuana and paraphernalia used to administer marijuana that was seized by any law enforcement office shall be returned immediately upon a determination by the district attorney in whose county the property was seized, or the district attorney’s designee, that the person from whom the marijuana or paraphernalia used to administer marijuana was seized is entitled to the protections contained in ORS 475.300 to 475.346. The determination may be evidenced, for example, by a decision not to prosecute, the dismissal of charges or acquittal. [1999 c.4 §8; 1999 c.825 §5; 2005 c.22 §348]

475.324
Limits on confiscation of marijuana. 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 or number authorized. [2005 c.822 §10]

 

[BavarianFarmer]

Smokey! Thanks man! The guy I was talking to is a huge outdoor guy with 4 growers there. It makes sense now a little being that he is the guy that would always be right around 99 plants and they often buzz him to count. I still would never post patient numbers on a board especially since I am an indoor guy.
Thanks for the info!