Oregon Revised Statutes
The People of the State of Oregon declare that the purposes of ORS 475C.005 to 475C.525 are: To eliminate the problems caused by the prohibition and uncontrolled manufacture, delivery and possession of marijuana within this state; To protect the safety, welfare, health and peace of the people of this state by prioritizing this state’s limited law enforceme…
ORS 475C.005 to 475C.525 shall be known and may be cited as the Adult and Medical Use of Cannabis Act.
As used in ORS 475C.005 to 475C.525: “Adult use cannabinoid” includes, but is not limited to, tetrahydrocannabinols, tetrahydrocannabinolic acids that are artificially or naturally derived, delta-8-tetrahydrocannabinol, delta-9- tetrahydrocannabinol, the optical isomers of delta-8-tetrahydrocannabinol or delta-9-tetrahydrocannabinol and any artificially der…
ORS 475C.005 to 475C.525 may not be construed: To amend or affect state or federal law pertaining to employment matters; To amend or affect state or federal law pertaining to landlord-tenant matters; To prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession or use of marijuana to …
The Oregon Liquor and Cannabis Commission has the duties, functions and powers specified in ORS 475C.005 to 475C.525 and 475C.540 to 475C.586 and the powers necessary or proper to enable the commission to carry out the commission’s duties, functions and powers under ORS 475C.005 to 475C.525 and 475C.540 to 475C.586. The jurisdiction, supervision, duties, fun…
Subject to any applicable provision of ORS chapter 183, the Oregon Liquor and Cannabis Commission may purchase, possess, seize, transfer to a licensee or dispose of marijuana items as is necessary for the commission to ensure compliance with and enforce the provisions of ORS 475C.005 to 475C.525 and 475C.540 to 475C.586 and any rule adopted under ORS 475C.00…
The Oregon Liquor and Cannabis Commission may, by rule or order, provide for the manner and conditions under which: Marijuana items left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed. The business of a deceased, insolvent or bankrupt licensee may be …
The Oregon Liquor and Cannabis Commission shall by rule develop uniform standards for minor decoy operations used to investigate persons selling, transferring or delivering industrial hemp products that contain cannabinoids and are intended for human or animal consumption or use in this state for violations of the laws of this state prohibiting sales of adul…
The Oregon Liquor and Cannabis Commission may limit the quantity of marijuana items transferred to a consumer or other individual if the commission determines that the limitation is necessary to prevent the resale of marijuana items. (Application Process and Licenses)
An applicant for a license or renewal of a license issued under ORS 475C.005 to 475C.525 shall apply to the Oregon Liquor and Cannabis Commission in the form required by the commission by rule, showing the name and address of the applicant, location of the premises that is to be operated under the license and other pertinent information required by the commi…
The Oregon Liquor and Cannabis Commission may not license an applicant under the provisions of ORS 475C.005 to 475C.525 or 475C.548 if the applicant is under 21 years of age. The commission may refuse to issue a license or may issue a restricted license to an applicant under the provisions of ORS 475C.005 to 475C.525 or 475C.548 if the commission makes a fi…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Liquor and Cannabis Commission may require the fingerprints of any individual listed on an application submitted under ORS 475C.033. The powers conferred on the commission under this section include the power to require the fingerprints of: If the appli…
A license issued under ORS 475C.005 to 475C.525 or 475C.548: Is a personal privilege. Is renewable in the manner provided in ORS 475C.033 or 475C.548, except for a cause that would be grounds for refusal to issue the license under ORS 475C.037. Is revocable or suspendible as provided in ORS 475C.265. Is transferable from the premises for which the licens…
The Oregon Liquor and Cannabis Commission may adopt rules to establish a term for a license issued under ORS 475C.065, 475C.085, 475C.093, 475C.097 or 475C.548 that is up to five years if the commission finds that adoption of such a rule is consistent with public safety and the objectives of the licensing requirements. The rules adopted under this section ma…
Subject to ORS 475C.155, the Oregon Liquor and Cannabis Commission shall approve or deny an application to be licensed under ORS 475C.005 to 475C.525. Except as provided in subsection (2) of this section, upon receiving an application under ORS 475C.033, the commission may not delay processing, approving or denying the application or, if the application is a…
Prior to receiving a license under ORS 475C.065, 475C.085, 475C.093, 475C.097 or 475C.548, an applicant shall request a land use compatibility statement from the city or county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use wi…
The Oregon Liquor and Cannabis Commission may not issue a marijuana production license under ORS 475C.065 or a marijuana processor license under ORS 475C.085 unless the applicant submits with the application a statement accurately identifying the legal address and owner of the premises to be licensed and the requirements of subsections (2) and (3) of this se…
Licensees and licensee representatives may produce, deliver and possess marijuana items subject to the provisions of ORS 475C.005 to 475C.525 and rules adopted under ORS 475C.005 to 475C.525. The production, delivery or possession of marijuana items by a licensee or a licensee representative in compliance with ORS 475C.005 to 475C.525 and rules adopted under…
A person may hold: Multiple licenses to conduct at different premises the same activity for which a license is required under ORS 475C.005 to 475C.525; and Multiple types of licenses to conduct at the same or different premises different activities for which a license is required under ORS 475C.005 to 475C.525. A person that holds a license issued under O…
The production of marijuana is subject to regulation by the Oregon Liquor and Cannabis Commission. A marijuana producer must have a production license issued by the commission for the premises at which the marijuana is produced. To hold a production license issued under this section, a marijuana producer: Must apply for a license in the manner described in…
The requirement under ORS 475C.053 to obtain a land use compatibility statement as a condition of receiving a license under ORS 475C.065 does not apply to an applicant if: The applicant is applying for a license at an address where a marijuana grow site registered under ORS 475C.792 is located; The address is outside of city limits; At least one person re…
A premises for which a marijuana producer holds a production license issued under ORS 475C.065 and that is located in an area subject to the jurisdiction of a city or county that has adopted a prohibition under ORS 475C.950 on marijuana production, or has adopted or amended a county or local ordinance that causes marijuana production to be a nonconforming la…
Subject to subsection (3) of this section, the Oregon Liquor and Cannabis Commission shall adopt rules restricting the size of marijuana plant grow canopies at premises for which a license has been issued under ORS 475C.065. In adopting rules under this subsection, the commission shall: Limit the size of marijuana plant grow canopies, for premises where mar…
A marijuana producer that holds a license issued under ORS 475C.065 may deliver to or receive from a marijuana processor that holds a license issued under ORS 475C.085: Cannabinoid products, cannabinoid extracts and cannabinoid concentrates processed by the marijuana processor from marijuana produced by the marijuana producer and that do not contain marijua…
A marijuana producer that holds a license issued under ORS 475C.065 may provide to the holder of a permit issued under ORS 475C.273 who performs work for or on behalf of the marijuana producer: Samples of immature marijuana plants produced by the marijuana producer; and Seeds of marijuana plants produced by the marijuana producer or that the marijuana prod…
The processing of marijuana items is subject to regulation by the Oregon Liquor and Cannabis Commission. A marijuana processor must have a processor license issued by the commission for the premises at which marijuana items are processed. To hold a processor license under this section, a marijuana processor: Must apply for a license in the manner described…
Notwithstanding ORS 475C.085, a marijuana producer that holds a license issued under ORS 475C.065 and has a mature marijuana plant grow canopy described in subsection (2) of this section may process marijuana into a cannabinoid concentrate if the process involves separating cannabinoids from marijuana by: A mechanical process; or An extraction process usin…
The wholesale sale of marijuana items is subject to regulation by the Oregon Liquor and Cannabis Commission. A marijuana wholesaler must have a wholesale license issued by the commission for the premises at which marijuana items are received, stored or delivered. To hold a wholesale license under this section, a marijuana wholesaler: Must apply for a licen…
The retail sale of marijuana items is subject to regulation by the Oregon Liquor and Cannabis Commission. A marijuana retailer must have a retail license issued by the commission for the premises at which marijuana items are sold. To hold a retail license under this section, a marijuana retailer: Must apply for a license in the manner described in ORS 475C…
Notwithstanding ORS 475C.097 (2)(d), a marijuana retailer may be located within 1,000 feet of a building described in ORS 475C.097 (2)(d) if: The marijuana retailer is not located within 500 feet of: A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or A private or parochial elementary or secondary school, teach…
If a building described in ORS 475C.097 (2)(d) that has not previously been attended by children is established within 1,000 feet of a premises for which a license has been issued under ORS 475C.097, the marijuana retailer located at that premises may remain at that location unless the Oregon Liquor and Cannabis Commission revokes the license of the marijuan…
The Oregon Liquor and Cannabis Commission may adopt rules establishing the circumstances under which the commission may require a marijuana retailer that holds a license issued under ORS 475C.097 to use an age verification scanner or any other equipment used to verify a person’s age for the purpose of ensuring that the marijuana retailer does not sell mariju…
The governing body of a city or county may adopt ordinances that allow the delivery of marijuana items to consumers located within the jurisdiction of the city or county from an adjacent city or county. If the governing body of a city or county adopts an ordinance under this section, the governing body must provide the text of the ordinance to the Oregon Li…
A marijuana retailer that holds a license issued under ORS 475C.097 may make deliveries to a consumer pursuant to the consumer’s bona fide order received by the marijuana retailer. The delivery of marijuana items under this section may be made to a consumer: Within the same city or unincorporated area of the county in which the marijuana retailer is located…
The Oregon Liquor and Cannabis Commission shall designate any marijuana producer that holds a license issued under ORS 475C.065 and that is registered under ORS 475C.137 as an exclusively medical licensee if the marijuana producer attests, in a form and manner prescribed by the commission, to: Producing marijuana only for medical purposes; and Transferring…
The Oregon Liquor and Cannabis Commission shall designate any marijuana processor that holds a license issued under ORS 475C.085 and that is registered under ORS 475C.141 as an exclusively medical licensee if the marijuana processor attests, in a form and manner prescribed by the commission, to: Processing marijuana only for medical purposes; Receiving usa…
The Oregon Liquor and Cannabis Commission shall designate any marijuana wholesaler that holds a license issued under ORS 475C.093 and that is registered under ORS 475C.145 as an exclusively medical licensee if the marijuana wholesaler attests, in a form and manner prescribed by the commission, to: Selling marijuana items only for medical purposes; Receivin…
The Oregon Liquor and Cannabis Commission shall designate any marijuana retailer that holds a license issued under ORS 475C.097 and that is registered under ORS 475C.149 as an exclusively medical licensee if the marijuana retailer attests, in a form and manner prescribed by the commission, to: Selling marijuana items only for medical purposes; Receiving us…
To produce marijuana for medical purposes, a marijuana producer that holds a license issued under ORS 475C.065 must register with the Oregon Liquor and Cannabis Commission under this section. The commission shall register a marijuana producer for the purpose of producing marijuana for medical purposes if the marijuana producer: Holds a license issued under…
To process marijuana for medical purposes, a marijuana processor that holds a license issued under ORS 475C.085 must register with the Oregon Liquor and Cannabis Commission under this section. The commission shall register a marijuana processor for the purpose of processing marijuana for medical purposes if the marijuana processor: Holds a license issued u…
To sell marijuana items at wholesale for medical purposes, a marijuana wholesaler that holds a license issued under ORS 475C.093 must register with the Oregon Liquor and Cannabis Commission under this section. The commission shall register a marijuana wholesaler for the purpose of selling marijuana items at wholesale for medical purposes if the marijuana wh…
To sell marijuana items at retail for medical purposes, a marijuana retailer that holds a license issued under ORS 475C.097 must register with the Oregon Liquor and Cannabis Commission under this section. The commission shall register a marijuana retailer for the purpose of selling marijuana items at retail for medical purposes if the marijuana retailer: H…
Notwithstanding the provisions of ORS 475C.770 to 475C.919, rules adopted by the Oregon Health Authority under ORS 475C.770 to 475C.919 must allow for the provision, transfer and sale of usable marijuana as described in ORS 475C.137. (Powers and Duties of Oregon Liquor and Cannabis Commission with Respect to Licensees)
The Oregon Liquor and Cannabis Commission may not accept an application for a new license under ORS 475C.065, 475C.085, 475C.093 or 475C.097 unless: For a production license under ORS 475C.065, there is not more than one active license per 7,500 residents in this state who are 21 years of age or older. For a processor license under ORS 475C.085, there is n…
The Oregon Liquor and Cannabis Commission may, after 72 hours’ notice, make an examination of the books of a licensee for the purpose of determining compliance with ORS 475C.005 to 475C.525 and 475C.540 to 475C.586 and rules adopted under ORS 475C.005 to 475C.525 and 475C.540 to 475C.586. The commission may at any time make an examination of a premises for …
As is necessary to protect the public health and safety, the Oregon Liquor and Cannabis Commission may require a premises licensed under ORS 475C.005 to 475C.525 to be segregated into separate areas: For conducting the activities permitted under each license, if the licensee holds more than one license issued under ORS 475C.005 to 475C.525 for the same prem…
As is necessary to protect the public health and safety, the Oregon Liquor and Cannabis Commission may require a licensee to maintain general liability insurance in an amount that the commission determines is reasonably affordable and available for the purpose of protecting the licensee against damages resulting from a cause of action related to activities u…
The Oregon Liquor and Cannabis Commission shall adopt by rule procedures by which: A person responsible for a marijuana grow site registered under ORS 475C.792, or, if multiple persons responsible for a marijuana grow site registered under ORS 475C.792 are located at the same address, each person responsible for a marijuana grow site located at the address,…
In adopting rules related to industry best practices under ORS 475C.065, 475C.085, 475C.093 and 475C.097, the Oregon Liquor and Cannabis Commission may establish merit-based criteria for licensure or renewal of licensure, including, but not limited to, possession of a developed business plan, access to sufficient capital, offering living wages and benefits t…
The Oregon Liquor and Cannabis Commission shall develop and maintain a system for tracking the transfer of marijuana items between premises for which licenses have been issued under ORS 475C.005 to 475C.525 or 475C.548. The purposes of the system developed and maintained under this section include, but are not limited to: Preventing the diversion of mariju…
Except as otherwise provided by law, the Oregon Liquor and Cannabis Commission has any power, and may perform any function, necessary for the commission to prevent the diversion of marijuana from licensees to a source that is not operating legally under the laws of this state.
The Legislative Assembly finds and declares that the unregulated commerce of marijuana items constitutes a serious danger to public health and safety. A person may not produce, process, transport, deliver or sell a marijuana item unless the person holds a valid license issued under ORS 475C.005 to 475C.525 or a registration issued under ORS 475C.770 to 475C…
The Oregon Liquor and Cannabis Commission may require a licensee or applicant for a license under ORS 475C.005 to 475C.525 to submit, in a form and manner prescribed by the commission, to the commission a sworn statement showing: The name and address of each person that has a financial interest in the business operating or to be operated under the license; …
Notwithstanding the lapse, suspension or revocation of a license issued under ORS 475C.005 to 475C.525, the Oregon Liquor and Cannabis Commission may: Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license; or Revise or render void an order suspending or revoking the license. In cases involving…
Notwithstanding the lapse, suspension or revocation of a permit or temporary permit issued under ORS 475C.273, the Oregon Liquor and Cannabis Commission may: Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the permit or temporary permit; Revise or render void an order suspending or revoking the permi…
Except for the power to adopt rules, the Oregon Liquor and Cannabis Commission may delegate to the administrator appointed under ORS 471.720 any of the commission’s functions, duties and powers as prescribed by ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648, 475C.770 to 475C.919 and 475C.950 or any other law of the state related to the …
The Oregon Liquor and Cannabis Commission may adopt rules to establish a program to assign expired, relinquished or otherwise suspended licenses issued under ORS 475C.005 to 475C.525 to qualified applicants. In establishing and operating the program described in subsection (1) of this section, the commission may consult with other state agencies, including …
Except as provided in ORS 475C.137 and 475C.850 and rules adopted pursuant to ORS 475C.065, a marijuana producer that holds a license issued under ORS 475C.065, marijuana processor that holds a license issued under ORS 475C.085 or marijuana wholesaler that holds a license issued under ORS 475C.093 may deliver marijuana items only to or on a premises for whic…
In order to transport marijuana items, a licensee must create a manifest that contains the following information: The name of the driver of the transport vehicle; Identifying information for the driver’s permit or temporary permit issued under ORS 475C.273; The license plate number, make and model of the transport vehicle; The name of the licensee from w…
A marijuana producer that holds a license issued under ORS 475C.065, a marijuana processor that holds a license issued under ORS 475C.085, a marijuana wholesaler that holds a license issued under ORS 475C.093 and a marijuana retailer that holds a license issued under ORS 475C.097 may provide to the holder of a permit issued under ORS 475C.273 who performs wo…
Except for a marijuana retailer registered under ORS 475C.149 to sell or deliver marijuana items to a registry identification cardholder who is 18 years of age or older or as allowed pursuant to ORS 475C.770 to 475C.919, a person may not sell or deliver an adult use cannabis item to a person under 21 years of age.
Subject to subsection (2) of this section, a licensee or licensee representative, before selling or providing a marijuana item to another person, must require the person to produce one of the following pieces of identification: The person’s passport, issued by the United States or a foreign government. The person’s driver license, issued by the State of Or…
As used in this section, “information that may be used to identify a consumer” means information that may be acquired through the production of a piece of identification as described in ORS 475C.217, whether the information is contained in a piece of identification described in ORS 475C.217 or in a different document or record. A consumer may not be require…
A licensee may not employ a person under 21 years of age at a premises for which a license has been issued under ORS 475C.005 to 475C.525 or 475C.548. During an inspection of a premises for which a license has been issued under ORS 475C.005 to 475C.525 or 475C.548, the Oregon Liquor and Cannabis Commission may require proof that a person performing work at …
For purposes of this section: “Export” includes placing a marijuana item in any mode of transportation for hire, such as luggage, mail or parcel delivery, even if the transportation of the marijuana item is intercepted prior to the marijuana item leaving this state. “Marijuana item” includes an industrial hemp commodity or product that exceeds the greater …
A licensee may not use or allow the use of a mark or label on the container of a marijuana item that is kept for sale if the mark or label does not precisely and clearly indicate the nature of the container’s contents or if the mark or label in any way might deceive a customer about the nature, composition, quantity, age or quality of the container’s content…
A marijuana item may not be sold or offered for sale within this state unless the marijuana item complies with the minimum standards prescribed by the statutory laws of this state. The Oregon Liquor and Cannabis Commission may prohibit the sale of a marijuana item by a marijuana retailer for a reasonable period of time for the purpose of determining whether…
Except for a marijuana producer that holds a license issued under ORS 475C.065 or licensee representative of a marijuana producer that holds a license issued under ORS 475C.065, a licensee or licensee representative may not possess a mature marijuana plant. A licensee or licensee representative may not sell a mature marijuana plant.
A person may not make false representations or statements to the Oregon Liquor and Cannabis Commission in order to induce or prevent action by the commission. A licensee may not maintain a noisy, lewd, disorderly or insanitary establishment or supply impure or otherwise deleterious marijuana items. A licensee may not misrepresent to a customer or to the pu…
A license issued under ORS 475C.005 to 475C.525 or 475C.548: Is issued for both adult use purposes and medical use purposes; and Serves the purpose of exempting the person that holds the license from the criminal laws of this state for possession, delivery or manufacture of marijuana items, provided that the person complies with all state laws and rules ap…
An industrial hemp product or commodity offered for sale by a marijuana retailer that holds a license issued under ORS 475C.097 must carry a label that clearly identifies whether the product or commodity is derived from hemp or marijuana. The Oregon Liquor and Cannabis Commission may inspect the premises of a marijuana retailer that holds a license issued u…
As used in this section: “Consumer” means a person who purchases, acquires, owns, holds or uses marijuana items other than for the purpose of resale. “Marijuana item” includes an industrial hemp commodity or product that exceeds: The concentration of adult use cannabinoids established by the Oregon Liquor and Cannabis Commission, in consultation with the …
The Oregon Liquor and Cannabis Commission shall establish by rule a schedule outlining the numbers and types of violations described in ORS 475C.265 that, if committed within a two-year period by an applicant for a license issued under ORS 475C.005 to 475C.525 or 475C.548 or a licensee indicate a disregard for the law or a failure to control the premises for…
Subject to subsection (3) of this section, the Oregon Liquor and Cannabis Commission may revoke, suspend or restrict a license issued under ORS 475C.005 to 475C.525 or 475C.548 or require a licensee or licensee representative to undergo training if the commission finds or has reasonable ground to believe that the licensee or licensee representative: Has vio…
An individual who performs work for or on behalf of a licensee or a laboratory licensed under ORS 475C.548 must have a valid permit or temporary permit issued by the Oregon Liquor and Cannabis Commission under ORS 475C.273 if the individual participates in: The delivery, possession, production, propagation, processing, sampling, securing, selling or testing…
The Oregon Liquor and Cannabis Commission shall issue permits to qualified applicants to perform work described in ORS 475C.269. The commission shall adopt rules establishing: The qualifications for performing work described in ORS 475C.269; The term of a permit issued under this section; Procedures for applying for and renewing a permit issued under this…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Liquor and Cannabis Commission may require the fingerprints of any individual listed on an application submitted under ORS 475C.273.
An employee of a licensee has the right to form, join and participate in the activities of a labor organization of the employee’s own choosing for the purpose of securing representation and collective bargaining for matters concerning employment relations with the licensee. For purposes of this section, the provisions of ORS chapters 661 to 663 apply to rel…
It is an unlawful employment practice for a licensee to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the licensee with regard to promotion, compensation or other terms, conditions or privileges of employment on the basis that the employee has in good faith reported information to the Oregon Liquor and Cannabis …
As used in this section, “law enforcement agency” has the meaning given that term in ORS 471.271. An employee or worker at a premises licensed under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 shall: Report to a law enforcement agency and to the Oregon Liquor and Cannabis Commission if the employee or worker has a reasonable belief that sex traffickin…
The Oregon Liquor and Cannabis Commission, in consultation with the Oregon Health Authority and the State Department of Agriculture, shall establish a program for the purpose of identifying and certifying private and public researchers of cannabis. The authority shall assist the commission in identifying candidates for certification under this section with …
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Liquor and Cannabis Commission may require the fingerprints of any individual listed on an application submitted under ORS 475C.289. The powers conferred on the commission under this section include the power to require the fingerprints of: If the appli…
The Marijuana Control and Regulation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Marijuana Control and Regulation Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Liquor and Cannabis Commission to administer and enforce ORS 475C.005 to 475C.52…
In addition to the duties, functions and powers described in ORS 471.775, and subject to subsection (2) of this section, a regulatory specialist, as defined in ORS 471.001, has the authority as provided in ORS 133.005 to 133.400, 133.450, 133.525 to 133.703, 133.721 to 133.739, 161.233, 161.245, 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C…
ORS 475C.017, 475C.021, 475C.025, 475C.029, 475C.033, 475C.037, 475C.041, 475C.045, 475C.049, 475C.053, 475C.057, 475C.061, 475C.065, 475C.077, 475C.085, 475C.093, 475C.097, 475C.105, 475C.109, 475C.113, 475C.117, 475C.137, 475C.141, 475C.145, 475C.149, 475C.157, 475C.161, 475C.165, 475C.173, 475C.177, 475C.205, 475C.213, 475C.217, 475C.225, 475C.233, 475C.2…
A person may not produce, process, possess or store homegrown marijuana, cannabinoid products or cannabinoid concentrates if the homegrown marijuana, cannabinoid products or cannabinoid concentrates can be seen by normal unaided vision from a public place. A person may not possess or store a cannabinoid extract if the cannabinoid extract can be seen by norm…
A person other than a marijuana processor that holds a license issued under ORS 475C.085 may not process cannabinoid extracts into a cannabinoid product. A person may not produce, process or store homemade industrial hemp extracts. Violation of this section is a Class A misdemeanor. (Prohibited Conduct)
A person under 21 years of age may not possess, attempt to purchase or purchase a marijuana item. For purposes of this subsection, purchasing a marijuana item includes accepting a marijuana item, and possessing a marijuana item includes consuming a marijuana item, provided that the consumption of the marijuana item occurred no more than 24 hours before the …
A person may not produce any piece of identification that falsely indicates the person’s age. Violation of this section is a Class A misdemeanor. If a piece of identification is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a marijuana item to a person under 21 years of age…
When a person is ordered to undergo assessment and treatment as provided in ORS 475C.317, the court shall require the person to do all of the following: Pay to the court the fee described under ORS 813.030 in addition to any fine imposed under ORS 475C.850. Complete an examination by an agency or organization designated by the court to determine whether th…
A person may not sell, give or otherwise make available a marijuana item to a person who is visibly intoxicated. A person who exercises control over private real property may not knowingly allow a person under 21 years of age to consume a marijuana item on the property, or allow another person under 21 years of age to remain on the property if the person un…
A marijuana item may not be given as a prize, premium or consideration for a lottery, contest, game of chance, game of skill or competition of any kind. Violation of this section is a Class A misdemeanor.
Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, it is unlawful for any person 21 years of age or older to possess, knowingly or intentionally: An amount of plants in the genus Cannabis within the plant family Cannabaceae in excess of the amount allowed …
Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, it is unlawful for any person under 21 years of age to possess, knowingly or intentionally: An amount of plants in the genus Cannabis within the plant family Cannabaceae in excess of the amount allowed und…
Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, and except for a person acting within the scope of and in compliance with ORS 475C.305, it is unlawful for any person to deliver a marijuana item. Except as provided in subsection (3) of this section, unla…
Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, and except for a person acting within the scope of and in compliance with ORS 475C.305, it is unlawful for any person to manufacture a marijuana item. Except as provided in subsection (3) of this section, …
Except as provided in subsections (3), (5) and (6) of this section, a felony under ORS 475C.337 or 475C.341 shall be classified as crime category 1 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. Except as provided in subsections (3), (5) and (6) of this section, a felony under ORS 475C.345 or 475C.349 shall be classified as cri…
As used in this section: “Property” has the meaning given that term in ORS 164.005. “Property of another” and “protected property” have the meanings given those terms in ORS 164.305. A person commits the crime of arson incident to manufacture of a cannabinoid extract in the first degree if, by knowingly engaging in the manufacture of a cannabinoid extract…
As used in this section: “Property” has the meaning given that term in ORS 164.005. “Property of another” and “protected property” have the meanings given those terms in ORS 164.305. A person commits the crime of arson incident to manufacture of a cannabinoid extract in the second degree if, by knowingly engaging in the manufacture of a cannabinoid extrac…
As used in this section: “Crime of violence” has the meaning given that term in ORS 475.908. “Ingest” means to consume or otherwise deliver a cannabinoid into the body of a person. “Ingest” does not include the inhalation of smoke, aerosols or vapors created by smoking, aerosolizing or vaporizing a marijuana item. A person commits the offense of causing …
Except as authorized under ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648 and 475C.770 to 475C.919 and rules adopted under ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648 and 475C.770 to 475C.919, it is unlawful for a person to intentionally administer a marijuana item to the body of another person who is under 18 y…
As used in this section, “marijuana paraphernalia” means an object that is marketed to be used for, or that is designed for, planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhal…
It is unlawful for any person to engage in the use of marijuana items in a public place. A violation of subsection (1) of this section is a Class B violation.
A person commits the crime of unlawful production of marijuana if the person produces marijuana or industrial hemp: At a location that is not confirmed by the Oregon Health Authority, the Oregon Liquor and Cannabis Commission or the State Department of Agriculture to be the location of an industrial hemp operation registered or licensed under ORS 571.281, a…
A person who, in good faith, makes a report of a violation of ORS 475C.005 to 475C.525, and who has reasonable grounds for making the report, is immune from any civil or criminal liability that otherwise might be incurred or imposed with respect to making the report or to the content of the report. The person has the same immunity with respect to participati…
If a crime described in ORS 475C.005 to 475C.525 is a crime under federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. [Formerly 475B.389] Note: Section 127, chapter 21, Oregon Laws 2017, provides: Sec. 127. Sections 3 to 7, 9, 9a, 11, 12, 14…
As used in this section, “cannabis-related overdose” means an acute condition, including mania, hysteria, extreme physical illness, coma or death, resulting from the consumption or use of cannabis, or another substance with which cannabis was combined, that a person would reasonably believe requires medical attention. A person who contacts emergency medical…
It is an affirmative defense to a charge of violating ORS 475C.337, 475C.345 or 475C.349 that: The defendant had held a license issued under ORS 475C.005 to 475C.525, or was performing work for or on behalf of a person that had held a license issued under ORS 475C.005 to 475C.525; The violation concerned an activity for which the license exempts the person…
Notwithstanding ORS 137.225, a person with a qualifying marijuana conviction may apply to the court in which the judgment of conviction was entered for entry of an order setting aside the conviction as provided in this section. The person may file a motion under this section at any time following entry of judgment of conviction for a qualifying marijuana co…
For purposes of ORS 475C.005 to 475C.525, the provisions of ORS 183.440 apply to subpoenas issued by the Oregon Liquor and Cannabis Commission and to subpoenas issued by an authorized agent of the commission.
In addition to any other liability or penalty provided by law, the Oregon Liquor and Cannabis Commission may impose for each violation of a provision of ORS 475C.005 to 475C.525 or a rule adopted under ORS 475C.005 to 475C.525 a civil penalty that does not exceed $10,000 for each violation. The commission shall impose civil penalties under this section in th…
If the owner of a building or premises knowingly has used the building or premises for, or allowed the building or premises to be occupied for, the production, processing, sale or use of marijuana items contrary to the provisions of ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648 or 475C.770 to 475C.919, or contrary to the provisions of …
The law enforcement officers of this state may enforce ORS 475C.005 to 475C.525 and assist the Oregon Liquor and Cannabis Commission in detecting violations of ORS 475C.005 to 475C.525 and apprehending offenders. A law enforcement officer who has notice, knowledge or reasonable ground of suspicion of a violation of ORS 475C.005 to 475C.525 shall immediately …
When a law enforcement officer arrests a person for violating ORS 475C.005 to 475C.525, the law enforcement officer may take into possession all marijuana items and other property that the arrested person has in possession, or that is on the premises, that apparently is being used in violation of ORS 475C.005 to 475C.525. If a person arrested as described i…
The county courts, district attorneys and municipal authorities, immediately upon the conviction of a licensee of a violation of ORS 475C.005 to 475C.525, or of a violation of any other law of this state or ordinance of a city or county located in this state an element of which is the possession, delivery or manufacture of a marijuana item, shall notify the …
Subject to ORS 153.022, violation of a rule adopted under ORS 475C.017 (2)(c) is a Class C violation. (Regulation by Cities and Counties of Cannabis for Adult Use)
The provisions of ORS 475C.005 to 475C.525 are designed to operate uniformly throughout the state and are paramount and superior to and fully replace and supersede any municipal charter amendment or local ordinance inconsistent with the provisions of ORS 475C.005 to 475C.525. Amendments and ordinances that are inconsistent with the provisions of ORS 475C.005…
The governing body of a city or a county, when a petition is filed as provided in this section, shall order an election on the question as to whether the operation of premises for which a license has been issued under ORS 475C.005 to 475C.525 should be prohibited in the city or county. Except as otherwise provided in this section, the requirements for prepa…
In each county or city that returns a majority vote for or against prohibition, the law shall take effect on January 1 following the day of election.
As used in this section, “designated primary caregiver,” “immature marijuana plant,” “marijuana,” “medical cannabinoid product” and “registry identification cardholder” have the meanings given those terms in ORS 475C.777. A city or county may not adopt an ordinance, by referral or otherwise, that prohibits or otherwise limits: The privileges described in O…
ORS 475C.433 does not prevent any person residing in the county or city from having, for personal use, a marijuana item purchased from a marijuana retailer licensed under ORS 475C.097.
For purposes of this section, “reasonable regulations” includes: Reasonable conditions on the manner in which a marijuana producer that holds a license issued under ORS 475C.065 may produce marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475C.289 may produce marijuana or propagate immature marijuana plants; Reasonab…
Except as expressly authorized by this section, the authority to impose a tax or fee on the production, processing or sale of marijuana items in this state is vested solely in the Legislative Assembly. Except as expressly authorized by this section, a county, city or other municipal corporation or district may not adopt or enact ordinances imposing a tax or…
The governing body of a city or county may repeal an ordinance that prohibits the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county: Marijuana processing sites registered under ORS 475C.815; Medical marijuana dispensaries registered u…
As used in this section: “Cleanup” means the removal, disposal and remediation, by an owner or an agent of an owner, of waste from a site in conformance with applicable law. “Cleanup costs” means reasonable costs that are associated with or attributable to cleanup. “Law enforcement agency” has the meaning given that term in ORS 181A.010. “Owner” means a …
The Oregon Health Authority shall assist and cooperate with the Oregon Liquor and Cannabis Commission and the State Department of Agriculture to the extent necessary for the commission and the department to carry out the duties of the commission and the department under ORS 475C.005 to 475C.525.
The State Department of Agriculture shall assist and cooperate with the Oregon Liquor and Cannabis Commission and the Oregon Health Authority to the extent necessary for the commission and the authority to carry out the duties of the commission and the authority under ORS 475C.005 to 475C.525.
The State Department of Agriculture may possess, test and dispose of marijuana items.
The Oregon Liquor and Cannabis Commission, the State Department of Agriculture and the Oregon Health Authority may not refuse to perform any duty under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 on the basis that manufacturing, distributing, dispensing, possessing or using marijuana is prohibited by federal law. The commission may not revoke or refuse…
A person may not sue the Oregon Liquor and Cannabis Commission or a member of the commission, the State Department of Agriculture or the Oregon Health Authority, or any employee of the commission, department or authority, for performing or omitting to perform any duty, function or power of the commission, department or authority set forth in ORS 475C.005 to …
Subject to any applicable provision of ORS chapter 131A or 183, any state officer, board, commission, corporation, institution, department or other state body, and any local officer, board, commission, institution, department or other local government body, that is authorized by the statutory laws of this state to perform a duty, function or power with respe…
In case of invasion, disaster, insurrection or riot, or imminent danger of invasion, disaster, insurrection or riot, the Governor may, for the duration of the invasion, disaster, insurrection or riot, or imminent danger, immediately and without notice suspend, in the area involved, any license, certificate or permit issued under ORS 475C.005 to 475C.525 or 4…
Marijuana is: A crop for the purposes of “farm use” as defined in ORS 215.203; A crop for purposes of a “farm” and “farming practice,” both as defined in ORS 30.930; A product of farm use as described in ORS 308A.062; and The product of an agricultural activity for purposes of ORS 568.909. Notwithstanding ORS chapters 195, 196, 197, 197A, 215 and 227, t…
Notwithstanding the authority granted to the State Department of Agriculture under ORS chapters 571, 618 and 633 and ORS 632.275 to 632.290, 632.450 to 632.490, 632.516 to 632.625, 632.705 to 632.815, 632.835 to 632.849 and 632.900 to 632.985, the department may not exercise authority over marijuana items or a licensee, except that ORS 618.121 to 618.161, 61…
Except for ORS 475C.489 and 475C.493, ORS 475C.005 to 475C.525: Do not apply to the extent a person acts within the scope of and in compliance with the Oregon Medical Marijuana Act; and Do not amend or affect duties, functions and powers of the Oregon Health Authority under the Oregon Medical Marijuana Act.
Any room, house, building, boat, structure or place of any kind where marijuana items are sold, manufactured, bartered or given away in violation of the laws of this state, or where persons are permitted to resort for the purpose of using marijuana items in violation of the laws of this state, or any place where marijuana items are kept for sale, barter or g…
A contract is not unenforceable on the basis that manufacturing, distributing, dispensing, possessing or using marijuana is prohibited by federal law.
The Oregon Liquor and Cannabis Commission shall maintain a telephone hotline for the following persons to inquire if an address is the location of a premises for which a license has been issued under ORS 475C.005 to 475C.525 or 475C.548 or is the location of a premises for which an application for licensure has been submitted under ORS 475C.033 or 475C.548: …
Notwithstanding ORS 475C.205 or any other provision prohibiting the transportation of marijuana items to or from a location for which a license has not been issued under ORS 475C.005 to 475C.525 or prohibiting the possession of marijuana items at a location for which a license has not been issued under ORS 475C.005 to 475C.525, a licensee may transport marij…
At a trade show or similar temporary event registered with the Oregon Liquor and Cannabis Commission: A marijuana producer that holds a license issued under ORS 475C.065, a marijuana processor that holds a license issued under ORS 475C.085, a marijuana wholesaler that holds a license issued under ORS 475C.093 and a marijuana retailer that holds a license is…
Subject to subsection (2) of this section, information is exempt from public disclosure under ORS 192.311 to 192.478 if the information is: The address of a premises for which a license has been issued or for which an applicant has proposed licensure under ORS 475C.065, 475C.085, 475C.093 or 475C.548; Related to the security plan or the operational plan fo…
The Governor, or the Governor’s designee, may enter into an agreement with the governing body of a federally recognized Indian tribe located in this state for the purpose of cross-jurisdictional coordination and enforcement of marijuana-related businesses licensed to conduct business on tribal trust land by the governing body of the federally recognized Indi…
The State Department of Agriculture, in consultation with the Oregon Health Authority and the Oregon Liquor and Cannabis Commission, shall establish a cannabis reference laboratory to provide regulatory and technical support in the enforcement of ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648, 475C.770 to 475C.919 and 571.260 to 571.348…
If any section, subsection, paragraph, phrase or word of ORS 475C.005 to 475C.525 is held to be unconstitutional, void or illegal, either on its face or as applied, that holding does not affect the applicability, constitutionality or legality of any other section, subsection, paragraph, phrase or word of ORS 475C.005 to 475C.525. To that end, the sections, s…
As used in this section: “Industrial hemp” has the meaning given that term in ORS 571.269. “Marijuana” has the meaning given that term in ORS 475C.009. The Oregon Liquor and Cannabis Commission shall, with the assistance of the State Department of Agriculture, create and continually update a map of the following: Premises for which a license has been iss…
As used in this section, “marijuana” and “marijuana item” have the meanings given those terms in ORS 475C.009. On or before February 1 of each odd-numbered year, the Oregon Liquor and Cannabis Commission shall report to the Legislative Assembly in the manner required by ORS 192.245, the approximate amount of marijuana produced by marijuana producers that ho…
The Illegal Marijuana Market Enforcement Grant Program is established to assist cities and counties with the costs incurred by local law enforcement agencies and community-based organizations in addressing unlawful marijuana cultivation or distribution operations. The Oregon Criminal Justice Commission shall administer the grant program described in subsect…
Not later than January 1 of each year, the Oregon Criminal Justice Commission shall submit a report in the manner provided in ORS 192.245 on the status and effectiveness of the Illegal Marijuana Market Enforcement Grant Program established under ORS 475C.531 to the interim committees of the Legislative Assembly related to the judiciary. Not later than Janua…
The Illegal Marijuana Market Enforcement Grant Program Fund is established in the State Treasury separate and distinct from the General Fund. Moneys in the Illegal Marijuana Market Enforcement Grant Program Fund are continuously appropriated to the Oregon Criminal Justice Commission for the purposes of carrying out the provisions of ORS 475C.531. Interest ea…
As used in ORS 475C.540 to 475C.586: “Adult use cannabinoid” includes, but is not limited to, tetrahydrocannabinols, tetrahydrocannabinolic acids that are artificially or naturally derived, delta-8-tetrahydrocannabinol, delta-9- tetrahydrocannabinol, the optical isomers of delta-8-tetrahydrocannabinol or delta-9-tetrahydrocannabinol and any artificially der…
As is necessary to protect the public health and safety, and in consultation with the Oregon Liquor and Cannabis Commission and the State Department of Agriculture, the Oregon Health Authority shall adopt rules: Establishing standards for testing marijuana items and industrial hemp-derived vapor items. Identifying appropriate tests for marijuana items and …
A laboratory that conducts testing of marijuana items or industrial hemp-derived vapor items as required by ORS 475C.544 must have a license to operate at the premises at which the marijuana items or industrial hemp-derived vapor items are tested. For purposes of this section, the Oregon Liquor and Cannabis Commission shall adopt rules establishing: Qualif…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Liquor and Cannabis Commission may require the fingerprints of any individual listed on an application submitted under ORS 475C.548. The powers conferred on the commission under this section include the power to require the fingerprints of: If the appli…
The Oregon Liquor and Cannabis Commission may require a licensee or applicant for a license under ORS 475C.548 to submit, in a form and manner prescribed by the commission, to the commission a sworn statement showing: The name and address of each person that has a financial interest in the business operating or to be operated under the license; and The nat…
A laboratory that conducts testing of marijuana items or industrial hemp-derived vapor items as required by ORS 475C.544 must be accredited under ORS 438.605 to 438.620 and meet other qualifications as established by the Oregon Health Authority under this section. In addition to other qualifications required pursuant to ORS 438.605 to 438.620, the authority…
ORS 475C.540 to 475C.586 do not apply to: A person responsible for a marijuana grow site under ORS 475C.792 if the person is transferring usable marijuana or an immature marijuana plant, as defined in ORS 475C.009, to: A person who holds a registry identification card under ORS 475C.783 and who designated the person responsible for the marijuana grow site …
Subject to the applicable provisions of ORS chapter 183, if an applicant or licensee violates a provision of ORS 475C.540 to 475C.586 or a rule adopted under a provision of ORS 475C.540 to 475C.586, the Oregon Liquor and Cannabis Commission may refuse to issue or renew, or may suspend or revoke, a license issued under ORS 475C.065, 475C.085, 475C.093 or 475C…
Notwithstanding the lapse, suspension or revocation of a license issued under ORS 475C.548, the Oregon Liquor and Cannabis Commission may: Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license; or Revise or render void an order suspending or revoking the license. In cases involving the propose…
Subject to the applicable provisions of ORS chapter 183, if a person violates a provision of ORS 475C.540 to 475C.586 or a rule adopted under a provision of ORS 475C.540 to 475C.586, the Oregon Health Authority may: Refuse to register the person under ORS 475C.770 to 475C.919; Suspend activities conducted by a registrant pursuant to ORS 475C.770 to 475C.91…
In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of ORS 475C.540 to 475C.586, or a rule adopted under a provision of ORS 475C.540 to 475C.586, a civil penalty that does not exceed $500 for each day that the violation occurs. The authority shall impose civil penalties unde…
If a person violates a provision of ORS 475C.540 to 475C.586 or a rule adopted under ORS 475C.540 to 475C.586 with regard to an industrial hemp-derived vapor item: The State Department of Agriculture may impose disciplinary action described in ORS 571.285 and impose a civil penalty under ORS 571.348 if the person is a grower or handler licensed under ORS 57…
A person who holds a license under ORS 475C.548, and an employee of or other person who performs work for a person who holds a license under ORS 475C.548, are exempt from the criminal laws of this state for possession, delivery or manufacture of marijuana, aiding and abetting another in the possession, delivery or manufacture of marijuana, or any other crimi…
The Oregon Liquor and Cannabis Commission shall establish an advisory committee to advise the commission, the Oregon Health Authority and the State Department of Agriculture on establishing and maintaining standards for testing the potency of marijuana and marijuana items, as those terms are defined in ORS 475C.009. The members of the committee must include …
As used in ORS 475C.600 to 475C.648: “Adult use cannabinoid” includes, but is not limited to, tetrahydrocannabinols, tetrahydrocannabinolic acids that are artificially or naturally derived, delta-8-tetrahydrocannabinol, delta-9- tetrahydrocannabinol, the optical isomers of delta-8-tetrahydrocannabinol or delta-9-tetrahydrocannabinol and any artificially der…
As is necessary to protect the public health and safety, and in consultation with the Oregon Health Authority and the State Department of Agriculture, the Oregon Liquor and Cannabis Commission shall adopt rules establishing standards for the labeling of marijuana items and inhalant delivery systems that contain industrial hemp-derived vapor items, including …
As used in this section: “Licensee” has the meaning given that term in ORS 475C.009. “Registrant” means a person registered under ORS 475C.770 to 475C.919. The Oregon Liquor and Cannabis Commission may by rule require a licensee or person responsible for the labeling of an inhalant delivery system that contains an industrial hemp-derived vapor item, and t…
As is necessary to protect the public health and safety, and in consultation with the Oregon Health Authority and the State Department of Agriculture, the Oregon Liquor and Cannabis Commission shall adopt rules establishing standards for the packaging of marijuana items, including but not limited to: Ensuring that cannabinoid concentrates and extracts, cann…
As used in this section: “Licensee” has the meaning given that term in ORS 475C.009. “Registrant” means a person registered under ORS 475C.770 to 475C.919. The Oregon Liquor and Cannabis Commission may by rule require a licensee, and the Oregon Health Authority may by rule require a registrant, to submit packaging intended for a marijuana item for preappr…
The Oregon Liquor and Cannabis Commission, in consultation with the Oregon Health Authority and the State Department of Agriculture, shall adopt rules establishing: The maximum concentration of total delta-9-THC that is permitted in a single serving of a cannabinoid product or cannabinoid concentrate or extract; The maximum concentration of adult use canna…
ORS 475C.600 to 475C.648 do not apply to: A person responsible for a marijuana grow site under ORS 475C.792 if the person is transferring usable marijuana or an immature marijuana plant, as defined in ORS 475C.009, to: A person who holds a registry identification card under ORS 475C.783 and who designated the person responsible for the marijuana grow site …
To ensure compliance with ORS 475C.600 to 475C.648 and any rule adopted under ORS 475C.600 to 475C.648, the Oregon Liquor and Cannabis Commission may inspect the premises of a person that holds a license under ORS 475C.065, 475C.085, 475C.093 or 475C.097.
To ensure compliance with ORS 475C.600 to 475C.648 and any rule adopted under ORS 475C.600 to 475C.648, the Oregon Health Authority may inspect the premises of: A medical marijuana dispensary registered under ORS 475C.833; and A person that processes marijuana to test cannabinoid products or cannabinoid concentrates or extracts for the purpose of transferr…
Subject to the applicable provisions of ORS chapter 183, if the applicant or licensee violates a provision of ORS 475C.600 to 475C.648 or a rule adopted under a provision of ORS 475C.600 to 475C.648, the Oregon Liquor and Cannabis Commission may refuse to issue or renew, or may suspend or revoke, a license issued under ORS 475C.065, 475C.085, 475C.093 or 475…
Subject to the applicable provisions of ORS chapter 183, if a person violates a provision of ORS 475C.600 to 475C.648 or a rule adopted under a provision of ORS 475C.600 to 475C.648, the Oregon Health Authority may: Refuse to register a person under ORS 475C.770 to 475C.919; Suspend activities conducted by a registrant pursuant to ORS 475C.770 to 475C.919;…
In addition to any other liability or penalty provided by law, the Oregon Liquor and Cannabis Commission may impose for each violation of a provision of ORS 475C.600 to 475C.648, or a rule adopted under a provision of ORS 475C.600 to 475C.648, a civil penalty that does not exceed $500 for each day that the violation occurs. The commission shall impose civil…
If a person violates a provision of ORS 475C.600 to 475C.648 or a rule adopted under ORS 475C.600 to 475C.648 with regard to an industrial hemp-derived vapor item: The State Department of Agriculture may impose disciplinary action described in ORS 571.285 and impose a civil penalty under ORS 571.348 if the person is a grower or handler licensed under ORS 57…
As used in ORS 475C.670 to 475C.734: “Cannabinoid concentrate,” “cannabinoid edible,” “cannabinoid extract,” “cannabinoid product,” “consumer,” “immature marijuana plant,” “marijuana flowers,” “marijuana items,” “marijuana leaves,” “marijuana processor,” “marijuana producer,” “marijuana retailer” and “usable marijuana” have the meanings given those terms in…
A tax is hereby imposed upon the retail sale of marijuana items in this state. The tax imposed by this section is a direct tax on the consumer, for which payment upon retail sale is required. The tax shall be collected at the point of sale of a marijuana item by a marijuana retailer at the time at which the retail sale occurs. The tax imposed under this sec…
As used in this section, “designated primary caregiver,” “registry identification card” and “registry identification cardholder” have the meanings given those terms in ORS 475C.777. Notwithstanding ORS 475C.674: A tax is not imposed upon the retail sale of marijuana items in this state to a registry identification cardholder or to a designated primary care…
Except as otherwise provided in ORS 475C.670 to 475C.734, the tax imposed upon the consumer under ORS 475C.674 shall be collected at the point of sale and remitted by each marijuana retailer that engages in the retail sale of marijuana items. The tax is considered a tax upon the marijuana retailer that is required to collect the tax, and the marijuana retail…
Not later than 30 days before the beginning of each calendar quarter, the Oregon Department of Administrative Services shall forecast and prepare an estimate of the revenue that will be received during the remainder of the current biennium and subsequent three biennia pursuant to the tax imposed under ORS 475C.674. The estimate may be made on the basis of al…
Every person who collects any amount under ORS 475C.682 shall hold the same in trust for the State of Oregon and for the payment thereof to the Department of Revenue in the manner and at the time provided in ORS 475C.682. At any time a marijuana retailer fails to remit any amount collected, the department may enforce collection by the issuance of a distrain…
A marijuana retailer shall keep receipts, invoices and other pertinent records related to retail sales of marijuana items in the form required by the Department of Revenue. Each record shall be preserved for five years from the time to which the record relates, or for as long as the marijuana retailer retains the marijuana items to which the record relates, …
The Department of Revenue has authority, by order or subpoena to be served with the same force and effect and in the same manner as a subpoena is served in a civil action in the circuit court, or the Oregon Tax Court, to require the production at any time and place the department designates of any books, papers, accounts or other information necessary to car…
Notwithstanding the confidentiality provisions of ORS 475C.722, the Department of Revenue may disclose information received under ORS 317.363 and 475C.670 to 475C.734 to: The Oregon Liquor and Cannabis Commission to carry out the provisions of ORS 475C.005 to 475C.525 and 475C.670 to 475C.734; and The Oregon Health Authority to carry out the provisions of …
Except as otherwise provided in ORS 475C.005 to 475C.525 and 475C.670 to 475C.734, a person aggrieved by an act or determination of the Department of Revenue or its authorized agent under ORS 317.363 and 475C.670 to 475C.734 may appeal, within 90 days after the act or determination, to the Oregon Tax Court in the manner provided in ORS 305.404 to 305.560. Th…
When an amount represented by a marijuana retailer at retail to a consumer as constituting the tax imposed under ORS 475C.670 to 475C.734 is computed upon an amount that is not taxable or is in excess of the taxable amount and is actually paid by the consumer to the marijuana retailer, the excess tax paid shall be returned by the marijuana retailer to the co…
For the purpose of compensating marijuana retailers for expenses incurred in collecting the tax imposed under ORS 475C.674, each marijuana retailer is permitted to deduct and retain two percent of the amount of taxes that are collected by the marijuana retailer from all retail sales of marijuana items conducted by the marijuana retailer.
The Department of Revenue shall administer and enforce ORS 475C.670 to 475C.734. The department is authorized to establish rules and procedures for the implementation and enforcement of ORS 475C.670 to 475C.734 that are consistent with ORS 475C.670 to 475C.734 and that the department considers necessary and appropriate to administer and enforce ORS 475C.670 …
The Department of Revenue may enter into an agreement with the governing body of a federally recognized Indian tribe that is qualified as described in this section for the purpose of making rebate payments for an estimate of the tax on marijuana items imposed under ORS 475C.674 as described in this section. The governing body of a federally recognized India…
Except as otherwise provided in ORS 475C.670 to 475C.734 or where the context requires otherwise, the provisions of ORS chapters 305 and 314 as to the audit and examination of returns, periods of limitation, determination of and notices of deficiencies, assessments, collections, liens, delinquencies, claims for refund and refunds, conferences, appeals to the…
As used in this section, “U.S. City Average Consumer Price Index” means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor. There is established the Oregon Marijuana Account, separate and distinct from the General Fund. The account consists of…
Notwithstanding ORS 475C.726, before making any other distribution from the Oregon Marijuana Account established under ORS 475C.726, the Department of Revenue shall first distribute quarterly from the account the following: $875,000 to the Oregon Liquor and Cannabis Commission for deposit in the Marijuana Control and Regulation Fund established under ORS 47…
Prior to adopting an ordinance described in ORS 475C.726 (4)(d), a county shall convene a cannabis advisory panel to provide recommendations to the county commission regarding the county’s regulation of marijuana and use of moneys transferred to the county under ORS 475C.726 (4). The county commission shall appoint the following members to the county cannabi…
All moneys received by the Department of Revenue under ORS 475C.670 to 475C.734 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. The department may pay expenses for the administration and enforcement of ORS 475C.670 to 475C.734 out of moneys received from the tax imposed under ORS 475C.674. Amounts ne…
As used in ORS 475C.738 to 475C.758: “Deliver” has the meaning given that term in ORS 475.005. “Financial institution” means: A financial institution as defined in ORS 706.008. A trust company as defined in ORS 706.008. A money transmission business licensed under ORS 717.200 to 717.320, 717.900 and 717.905. An affiliate of an entity described in parag…
A financial institution that provides financial services customarily provided by financial institutions pursuant to powers granted by ORS 717.200 to 717.320, 717.900 and 717.905, the Bank Act or by ORS chapter 723 to a marijuana processing site registered under ORS 475C.815, a medical marijuana dispensary registered under ORS 475C.833, a marijuana producer t…
Notwithstanding any law relating to the exemption of information from public disclosure under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586, upon the request of a financial institution, the Oregon Liquor and Cannabis Commission shall provide to the financial institution the following information: Whether a person with whom the financial institution is do…
Notwithstanding any law relating to the exemption of information from public disclosure under ORS 475C.770 to 475C.919, upon the request of a financial institution, the Oregon Health Authority shall provide to the financial institution the following information: Whether a person with whom the financial institution is doing business is registered under ORS 4…
Notwithstanding any law relating to the exemption of information from public disclosure under ORS 475C.670 to 475C.734, or relating to the confidentiality of tax return information, upon the request of a financial institution, the Department of Revenue shall provide to the financial institution the following information: Whether the person is currently comp…
Information received by a financial institution under ORS 475C.746, 475C.750 or 475C.754 is confidential for purposes of ORS 717.200 to 717.320, 717.900 and 717.905, the Bank Act and ORS chapter 723. Except as otherwise required or permitted by the provisions of ORS 192.583 to 192.607, 717.200 to 717.320, 717.900 and 717.905, or the Bank Act or ORS chapter 7…
The people of the State of Oregon find that: Patients and doctors have found marijuana to be an effective treatment for suffering caused by debilitating medical conditions and, therefore, marijuana must be treated like other medicines; Oregonians suffering from debilitating medical conditions should be allowed to use marijuana without fear of civil or crim…
ORS 475C.770 to 475C.919 shall be known as the Oregon Medical Marijuana Act.
As used in ORS 475C.770 to 475C.919: “Attending provider” means one of the following health care providers who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition: A physician licensed under ORS chapter 677; A physician associate licensed under ORS 677.505 to 677.525; A nurse practitioner lice…
Nothing in ORS 475C.770 to 475C.919 requires: A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana; or An employer to accommodate the medical use of marijuana in the workplace.
The Oregon Health Authority shall establish a program for the issuance of registry identification cards to applicants who meet the requirements of this section. The authority shall issue a registry identification card to an applicant who is 18 years of age or older if the applicant pays a fee in an amount established by the authority by rule and submits to …
A designated primary caregiver may assist the designating registry identification cardholder with any matter related to the medical use of marijuana, including: The production of marijuana at the address provided by the registry identification cardholder to the Oregon Health Authority pursuant to ORS 475C.783 (2)(f); and The processing of marijuana into ca…
If a person who is applying for a registry identification card under ORS 475C.783, or who is a registry identification cardholder, chooses to designate, or to change the designation of, a primary caregiver, the person must include the primary caregiver’s name and address: On the person’s application for a registry identification card; On the person’s appli…
Notwithstanding ORS 475C.789, an organization that provides hospice, palliative or home health care services, or a residential facility as defined in ORS 443.400, that has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition may be designated, in addition to an individual designated p…
The Oregon Health Authority shall establish by rule a marijuana grow site registration system to track and regulate the production of marijuana by a registry identification cardholder or a person designated by the registry identification cardholder to produce marijuana for the registry identification cardholder. Except as provided in paragraph (c) of this s…
For purposes of ORS 475C.770 to 475C.919, if a marijuana grow site has a physical United States Postal Service address, an application filed for a marijuana grow site registration card under ORS 475C.792 must include the physical address. If the grow site does not have a physical United States Postal Service address, the application must include: An assesso…
A person designated to produce marijuana by a registry identification cardholder must submit to the Oregon Health Authority, in a form and manner established by the authority by rule, the following information related to the production of marijuana: The number of mature marijuana plants and immature marijuana plants, the amount of marijuana leaves and flowe…
Notwithstanding ORS 475C.795 (2), a person designated to produce marijuana by a registry identification cardholder may delegate the person’s duty to submit to the Oregon Health Authority the information described in ORS 475C.795 to another person designated to produce marijuana by a registry identification cardholder if the marijuana grow sites for which the…
Notwithstanding ORS 475C.792 (7), a person responsible for a marijuana grow site may enter into an agreement with a registry identification cardholder under which the registry identification cardholder assigns, to the person responsible for the marijuana grow site, a portion of the right to possess the seeds, immature marijuana plants and usable marijuana th…
Subject to subsection (2) of this section, a marijuana grow site may transfer up to 20 pounds of usable marijuana per year to a person that holds a license issued under ORS 475C.085 or 475C.093, provided that: The transfer is tracked using the system developed and maintained under ORS 475C.177; More than 12 mature marijuana plants are produced at the marij…
ORS 475C.871 does not authorize the Oregon Health Authority or the Oregon Liquor and Cannabis Commission to require a marijuana grow site to use a security system or any component of a security system, such as video surveillance, an alarm system, sensors or physical barriers. (Possession Limits for Registry Identification Cardholders, Designated Primary Car…
A registry identification cardholder and the designated primary caregiver of the registry identification cardholder may jointly possess: Six or fewer mature marijuana plants; and Twelve or fewer immature marijuana plants. Unless an address is the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, the a…
Except as provided in subsection (2) of this section, a registry identification cardholder and the designated primary caregiver of the registry identification cardholder may jointly possess no more than 24 ounces of usable marijuana. Subject to subsection (3) of this section, a person designated to produce marijuana by a registry identification cardholder m…
A person to whom a registry identification card has been issued under ORS 475C.783 (5)(a), an identification card has been issued under ORS 475C.783 (5)(b), or a marijuana grow site registration card has been issued under ORS 475C.792, may not possess marijuana, usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts …
The Oregon Health Authority shall establish by rule a marijuana processing site registration system to track and regulate the processing of marijuana by a person responsible for a marijuana processing site. Except as provided in paragraph (c) of this subsection, a person may not process marijuana unless the person is registered under this section. Paragrap…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475C.815. The powers conferred on the authority under this section include the power to require the fingerprints of: If the applicant is a limit…
The Oregon Health Authority shall require by rule a marijuana processing site to submit to the authority for inclusion in the database developed and maintained pursuant to ORS 475C.856 the following information: The amount of usable marijuana transferred to the marijuana processing site; The amount and type of medical cannabinoid products transferred by th…
A marijuana processing site must meet any public health and safety standards established by the Oregon Health Authority by rule related to: Cannabinoid edibles, if the marijuana processing site processes marijuana into cannabinoid edibles; Cannabinoid concentrates, if the marijuana processing site processes marijuana into cannabinoid concentrates; Cannabi…
Except as provided in paragraph (b) of this subsection, a marijuana processing site may not transfer medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts to a person other than another marijuana processing site or a medical marijuana dispensary. A marijuana processing site may transfer a medical cannabinoid product, cannabinoid con…
ORS 475C.815 does not apply to a registry identification cardholder or a person who has been designated as a primary caregiver under ORS 475C.789 who processes a medical cannabinoid product or a cannabinoid concentrate for a registry identification cardholder. (Ownership of Premises used for Marijuana Grow Site, Marijuana Processing Site)
The Oregon Health Authority may not issue a marijuana grow site registration under ORS 475C.792 or a marijuana processing site registration under ORS 475C.815 unless the applicant submits with the application a statement accurately identifying the legal address and owner of the premises to be registered and the requirements of subsections (2) and (3) of this…
The Oregon Health Authority shall establish by rule a medical marijuana dispensary registration system for the purpose of tracking and regulating the transfer of: Usable marijuana, immature marijuana plants and seeds from registry identification cardholders, designated primary caregivers and persons responsible for marijuana grow sites to medical marijuana …
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475C.833. The powers conferred on the authority under this section include the power to require the fingerprints of: If the applicant is a limit…
Notwithstanding ORS 475C.833 (3)(d), a medical marijuana dispensary may be located within 1,000 feet of a building described in ORS 475C.833 (3)(d) if: The medical marijuana dispensary is not located within 500 feet of: A building where a public prekindergarten or kindergarten program is provided by a school district or an education service district; A pu…
The Oregon Health Authority shall require by rule a medical marijuana dispensary to submit to the authority for inclusion in the database developed and maintained pursuant to ORS 475C.856 the following information: The amount of usable marijuana transferred to and by the medical marijuana dispensary; The amount and type of medical cannabinoid products tran…
If a building described in ORS 475C.833 (3)(d) that has not previously been attended by children is established within 1,000 feet of a medical marijuana dispensary, the medical marijuana dispensary may remain at its current location unless the Oregon Health Authority revokes the registration of the medical marijuana dispensary.
In addition to the powers granted nonprofit corporations under ORS 65.077 and 65.081, a medical marijuana dispensary that is owned by a nonprofit corporation organized under ORS chapter 65 may receive by gift, devise or bequest: Usable marijuana, immature marijuana plants and seeds from registry identification cardholders, designated primary caregivers, per…
The Oregon Health Authority shall maintain a telephone hotline for the following persons to inquire if an address is the location of a marijuana grow site, marijuana processing site or medical marijuana dispensary or is the proposed location of a marijuana grow site, marijuana processing site or medical marijuana dispensary: A person designated by a city or…
The Oregon Health Authority shall develop and maintain a database of information related to the production of marijuana by persons designated to produce marijuana by a registry identification cardholder, the processing of marijuana by a marijuana processing site under ORS 475C.815 and the transfer of usable marijuana, medical cannabinoid products, cannabinoi…
The Oregon Health Authority shall establish and maintain a list of: The names of persons to whom a registry identification card has been issued under ORS 475C.783; The names of persons designated as primary caregivers under ORS 475C.789; and The addresses of marijuana grow sites registered under ORS 475C.792. Except as provided in subsection (2) of this …
Any personally identifiable information, as defined in ORS 432.005, other than a name of an individual or an address submitted with an application under ORS 475C.815 or 475C.833, that the Oregon Health Authority collects and maintains for purposes of registering a marijuana grow site under ORS 475C.792, a marijuana processing site under ORS 475C.815, or a me…
Notwithstanding ORS 475C.862, if the Oregon Health Authority suspends or revokes the registration of the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site or a medical marijuana dispensary, or otherwise takes disciplinary action against the marijuana grow site of a person desi…
Except as provided in subsection (5) of this section, the Oregon Health Authority shall establish, maintain and operate an electronic system for the keeping of information received by the authority under ORS 475C.783 and 475C.792 or information included on a registry identification card issued under ORS 475C.783 or on a marijuana grow site registration card …
The Oregon Health Authority shall enter into an agreement with the Oregon Liquor and Cannabis Commission under which the commission shall use the system developed and maintained under ORS 475C.177 to track: The propagation of immature marijuana plants and the production of marijuana by marijuana grow sites; The processing of marijuana into medical cannabin…
A person responsible for a marijuana processing site, or a person responsible for a medical marijuana dispensary, may designate that responsibility to another person. If a designation is made under this section, the designee must submit to the Oregon Health Authority proof that the designee meets the requirements and restrictions set forth in: For marijuan…
A person responsible for a marijuana processing site, or a person responsible for a medical marijuana dispensary, may assign that responsibility to another person. If an assignment is made under this section, the assignee must submit to the Oregon Health Authority proof that the assignee meets the requirements and restrictions set forth in: For marijuana p…
In the event that a marijuana processing site or a medical marijuana dispensary is foreclosed or otherwise ceases operations as described in ORS chapter 79A, a secured party, as defined in ORS 79A.1020, may continue operations at the marijuana processing site or medical marijuana dispensary upon submitting to the Oregon Health Authority proof that the secure…
Except as provided in ORS 475C.886, a person engaged in or assisting in the medical use of marijuana is exempt from the criminal laws of this state for possession, delivery or manufacture of marijuana, aiding and abetting another in the possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufactur…
A person is not exempt from the criminal laws of this state for possession, delivery or manufacture of marijuana, aiding and abetting another in the possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element, and the person may not assert the affirmative defense esta…
Except as provided in ORS 475C.886, a person has an affirmative defense to a criminal charge of possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element, if the person charged with the offense: Was diagnosed with a debilitating medical condition within 12 months o…
The Oregon Board of Naturopathic Medicine, Oregon Medical Board and Oregon State Board of Nursing may not impose a civil penalty or take other disciplinary action against an attending provider for: Advising a person diagnosed as having a debilitating medical condition by the attending provider or another physician licensed under ORS chapter 677, physician a…
A professional licensing board may not impose a civil penalty or take other disciplinary action against a licensee based on the licensee’s medical use of marijuana under the provisions of ORS 475C.770 to 475C.919 or actions taken by the licensee pursuant to the licensee’s designation as a primary caregiver under ORS 475C.789. A licensed health care professi…
Registration under ORS 475C.770 to 475C.919 or possession of proof of registration under ORS 475C.770 to 475C.919 does not constitute probable cause to search the person or property of the registrant or otherwise subject the person or property of the registrant to inspection by a government agency. However, the Oregon Health Authority may inspect the marijua…
In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of ORS 475C.770 to 475C.919, or for each violation of a rule adopted under a provision of ORS 475C.770 to 475C.919, a civil penalty that does not exceed $500 for each day that the violation occurs. The authority shall impos…
For purposes of this section, “reasonable regulations” includes: Reasonable limitations on the hours during which the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site or a medical marijuana dispensary may operate; Reasonable conditions on the manner in which the marijuana g…
Upon request the State Department of Agriculture and the Oregon Liquor and Cannabis Commission, pursuant to an agreement or otherwise, shall assist the Oregon Health Authority in implementing and enforcing the provisions of ORS 475C.770 to 475C.919 and rules adopted under the provisions of ORS 475C.770 to 475C.919.
The Oregon Health Authority, the State Department of Agriculture and the Oregon Liquor and Cannabis Commission, and the officers, employees and agents of the authority, department and commission, are immune from any cause of action for the performance of, or the failure to perform, duties required by ORS 475C.770 to 475C.919.
Subject to any applicable provision of ORS chapter 183, the Oregon Health Authority, the State Department of Agriculture and the Oregon Liquor and Cannabis Commission may possess, seize or dispose of marijuana, usable marijuana, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts as is necessary for the authority to ensure complia…
For purposes of ORS 475C.770 to 475C.919, seeds of the plant Cannabis family Cannabaceae are a propagant of nursery stock as defined in ORS 571.005. Notwithstanding subsection (1) of this section, the production and processing of seeds under ORS 475C.770 to 475C.919 is not subject to the labeling or other requirements of ORS 576.715 to 576.744 or 633.511 to…
The provisions of ORS 475C.770 to 475C.919 do not protect a person from a criminal cause of action based on possession, delivery or manufacture of marijuana that is not described in ORS 475C.770 to 475C.919.
Any person may petition the Oregon Health Authority to request that a disease or condition be included among the diseases and conditions that qualify as debilitating medical conditions under ORS 475C.770 to 475C.919. The authority shall adopt rules establishing the procedure for filing a petition under this section and the manner by which the authority evalu…
A nurse licensed under ORS 678.040 to 678.101 may discuss the medical use of marijuana with a person with whom the nurse has a patient-provider relationship. (Rulemaking)
The Oregon Health Authority shall adopt rules necessary for the implementation, administration and enforcement of ORS 475C.770 to 475C.919. The authority may adopt rules as the authority considers necessary to protect the public health and safety. OREGON CANNABIS COMMISSION
The Oregon Cannabis Commission is established within the Oregon Health Authority. The commission consists of: The Public Health Officer or the Public Health Officer’s designee; and Eight members appointed by the Governor as follows: A registry identification cardholder, as defined in ORS 475C.777; A person designated to produce marijuana by a registry id…
The Oregon Cannabis Commission shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the commission determines. A majority of the members of the commission constitutes a quorum for the transaction of business. The commission shall…
The Oregon Health Authority shall provide staff support to the Oregon Cannabis Commission and shall perform other services as necessary for the effective operation of the commission.
In addition to any other duty prescribed by law, the Oregon Cannabis Commission shall: Provide advice to the Oregon Health Authority with respect to the administration of ORS 475C.770 to 475C.919; Provide advice to the Oregon Liquor and Cannabis Commission with respect to the administration of ORS 475C.005 to 475C.525, insofar as those statutes pertain to …
If a city or county enacts or has enacted an ordinance prohibiting or allowing marijuana processing sites registered under ORS 475C.815 or medical marijuana dispensaries registered under ORS 475C.833, the governing body of the city or the county may amend the ordinance, without referring the amendment to the electors of the city or county under ORS 475C.950,…
The governing body of a city or county may adopt ordinances to be referred to the electors of the city or county as described in subsection (2) of this section that prohibit or allow the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county…