ORS 475C.612 Packaging requirements; rules

(1)

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:

(a)

Ensuring that cannabinoid concentrates and extracts, cannabinoid edibles and other cannabinoid products are:

(A)

Packaged in child-resistant safety packaging; and

(B)

Not marketed in a manner that:

(i)

Is untruthful or misleading;

(ii)

Is attractive to minors; or

(iii)

Otherwise creates a significant risk of harm to public health and safety;

(b)

Ensuring that usable marijuana, including usable marijuana that is pre-rolled, is not marketed in a manner that:

(A)

Is untruthful and misleading;

(B)

Is attractive to minors; or

(C)

Otherwise creates a significant risk of harm to public health and safety; and

(c)

Ensuring that cannabinoid edibles and other cannabinoid products are not packaged in a manner that is attractive to minors.

(2)

In adopting rules under ORS 475C.770 to 475C.919, the authority shall require all usable marijuana, cannabinoid products and cannabinoid concentrates and extracts transferred by a medical marijuana dispensary registered under ORS 475C.833 to be packaged in accordance with subsection (1) of this section and rules adopted under subsection

(1)

of this section.

(3)

In adopting rules under ORS 475C.005 to 475C.525, the commission shall require all usable marijuana, cannabinoid products and cannabinoid concentrates and extracts sold or transferred by a marijuana retailer that holds a license under ORS 475C.097 to be packaged in accordance with subsection (1) of this section and rules adopted under subsection

(1)

of this section.

(4)

In adopting rules under subsection (1) of this section, the commission:

(a)

May establish different packaging standards for different varieties of usable marijuana and for different types of cannabinoid products and cannabinoid concentrates and extracts;

(b)

May establish different minimum packaging standards for persons registered under ORS 475C.770 to 475C.919 and persons licensed under ORS 475C.005 to 475C.525;

(c)

May consider the effect on the environment of requiring certain packaging;

(d)

Shall consider the cost of a potential requirement and how that cost will affect the cost to the ultimate consumer of the marijuana item; and

(e)

May not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.