Oregon Law
Law as of Jan 1, 2024
Chapter contents
475C.001Purposes of ORS 475C.005 to 475C.525 475C.005Short title 475C.009Definitions for ORS 475C.005 to 475C.525 475C.013Construction of ORS 475C.005 to 475C.525 475C.017General powers and duties; rules 475C.021Authority to purchase, possess, seize, transfer to licensee or dispose of marijuana items 475C.025Powers related to decedents and insolvent or bankrupt persons; rules 475C.029Authority to limit quantity of marijuana items transferred to individual 475C.033Application process for all licensees; rules 475C.037Grounds for refusing to issue license or issuing restricted license 475C.041Authority to require fingerprints of applicants and other individuals 475C.045Properties of license 475C.049Duties of Oregon Liquor and Cannabis Commission with respect to issuing licenses 475C.053Duty to request land use compatibility statement 475C.057Lawful production, delivery and possession of marijuana items 475C.061Authority for licensee other than laboratory licensee to hold multiple licenses 475C.065Production license; fees; rules 475C.069Exemption from requirement to obtain land use compatibility statement 475C.073Marijuana production as nonconforming land use; alterations to premises; continued use requirement 475C.077Marijuana plant grow canopies; rules 475C.081Permissible delivery and receipt by marijuana producer and marijuana processor 475C.085Processor license; fees; rules 475C.089Cannabinoid concentrate; kief 475C.093Wholesale license; fees; rules 475C.097Retail license; sale of medical grade items; fees; rules 475C.101Proximity of marijuana retailer to prekindergarten, kindergarten or school 475C.105Establishment of school or other building after issuance of license; retailer relocation; rules 475C.109Requirement to verify person’s age; rules 475C.113Ordinance allowing delivery of marijuana items to consumers; prohibition on local tax or fee 475C.117Delivery of marijuana items to consumer; requirements; limitations; rules 475C.121Exclusively medical licensee designation for marijuana producer 475C.125Exclusively medical licensee designation for marijuana processor 475C.129Exclusively medical licensee designation for marijuana wholesaler 475C.133Exclusively medical licensee designation for marijuana retailer 475C.137Production for medical purposes; rules 475C.141Processing for medical purposes; rules 475C.145Wholesale selling for medical purposes; rules 475C.149Retail selling for medical purposes; rules 475C.153Oregon Health Authority rule requirement 475C.157Authority to inspect books and premises; notice 475C.161Authority to require segregation of premises 475C.165Authority to require general liability insurance 475C.169Duty to develop procedures to transfer from registration to license; rules 475C.173Authority to establish merit-based criteria for licensure or renewal of licensure 475C.177Duty to develop and maintain system for tracking transfer of marijuana items 475C.181Authority to prevent diversion of marijuana 475C.185Authority to discipline for unregulated commerce; licensing requirements 475C.189Authority to require financial disclosure from licensee 475C.193Authority to investigate, discipline licensees 475C.197Authority to investigate, discipline permit holder 475C.201Authority to delegate certain duties, functions and powers 475C.203License assignment program; rules 475C.205Restrictions on delivery or receipt; waiver by commission 475C.209Transport of marijuana item by licensee 475C.213Prohibition against selling or delivering marijuana items to persons under 21 years of age; exception 475C.217Identification requirement; rules 475C.221Identification for purchasing; restrictions on use of information 475C.225Prohibition against employing persons under 21 years of age 475C.229Prohibition against importing or exporting marijuana items 475C.233Prohibition against obfuscating mark or label or using mark or label to deceive 475C.237Requirement that marijuana items comply with minimum standards 475C.241Prohibition against certain licensees possessing mature marijuana plants 475C.245Other prohibitions 475C.249Purpose of license issued under ORS 475C.005 to 475C.525 or 475C.548 475C.253Labeling of industrial hemp commodity or product 475C.257Prohibition against sale of certain marijuana items; rules 475C.261Schedule of violations; rules 475C.265Grounds for revocation, suspension or restriction of license or permit 475C.269Permit required to perform work for or on behalf of marijuana retailer or laboratory 475C.273Issuing, renewing permits; fees; rules 475C.277Authority to require fingerprints of individuals listed on application 475C.281Right of employees to organize 475C.285Whistleblower protection for employees 475C.287Requirement to report sex trafficking or other human trafficking at licensed premises; immunity; rules 475C.289Certification of cannabis researchers; rules 475C.293Authority to require fingerprints of applicants and other individuals 475C.297Marijuana Control and Regulation Fund 475C.301Enforcement authority of regulatory specialist 475C.305Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery 475C.309Prohibition against producing, processing, possessing or storing homegrown marijuana or homemade cannabinoid products, extracts 475C.313Prohibition against producing, processing or storing homemade cannabinoid extracts, industrial hemp extracts 475C.317Prohibition against person under 21 years of age possessing, attempting to purchase or purchasing marijuana item; penalty 475C.321Prohibition against producing identification that falsely indicates age; protections for reliance on identification 475C.325Requirements for assessment and treatment under ORS 475C.317 475C.329Prohibition regarding person who is visibly intoxicated; prohibition against allowing consumption of marijuana by person under 21 years of age on private property; penalty 475C.333Prohibition against giving marijuana item as prize; penalty 475C.337Unlawful possession by person 21 years of age or older 475C.341Unlawful possession by person under 21 years of age 475C.345Unlawful delivery of marijuana item 475C.349Unlawful manufacture of marijuana item 475C.353Classification of felony under ORS 475C.337, 475C.341, 475C.345 and 475C.349 475C.357Arson incident to manufacture of cannabinoid extract in first degree 475C.361Arson incident to manufacture of cannabinoid extract in second degree 475C.365Causing another person to ingest marijuana 475C.369Administration to another person under 18 years of age 475C.373Unlawful sale or delivery of marijuana paraphernalia 475C.377Prohibition against using marijuana item in public place 475C.379Unlawful production of marijuana 475C.381Immunity for person making report of violation 475C.385Effect of crime under federal law or law of another state 475C.389Protection for person obtaining assistance for cannabis-related overdose 475C.393Affirmative defense 475C.397Order setting aside qualifying marijuana conviction 475C.401Authority to issue subpoenas 475C.405Civil penalty for violating ORS 475C.005 to 475C.525 475C.409Forfeiture of building or premises for violating ORS 475C.005 to 475C.525 475C.413Authority of law enforcement to enforce ORS 475C.005 to 475C.525 475C.417Seizure of marijuana items by law enforcement personnel 475C.421Duty to notify Oregon Liquor and Cannabis Commission of conviction of licensee 475C.425Penalty for violating ORS 475C.005 to 475C.525 475C.429Preemption of municipal charter amendments and local ordinances 475C.433Prohibition against operation of premises for which license issued; petition; election 475C.437Effective date of prohibition against operation of licensed premises 475C.441Ordinance prohibiting possession 475C.445Right to possess marijuana items for personal use 475C.449Local time, place and manner regulations 475C.453Local tax or fee; referral to electors for approval 475C.457Repeal of city, county ordinance that prohibits certain establishments 475C.459Cleanup of waste from certain real property; public nuisance; city or county lien 475C.461Duty of Oregon Health Authority to assist 475C.465Duty of State Department of Agriculture to assist 475C.469Authority of State Department of Agriculture 475C.473Prohibition against refusing to perform duties on basis that certain conduct is prohibited by federal law 475C.477Immunity for state agencies, officers and employees in performance of duties 475C.481Authority to purchase, possess, seize or dispose of marijuana items 475C.485Authority of Governor to suspend license, certificate or permit without notice 475C.489Marijuana as crop; exceptions to permitted uses 475C.493Regulation of marijuana items as food or other commodity subject to regulation by State Department of Agriculture 475C.497Exceptions from applicability of ORS 475C.005 to 475C.525 475C.501Violation of laws of this state as nuisance 475C.505Enforceability of contracts 475C.509Oregon Liquor and Cannabis Commission hotline for verification of license 475C.513Transport of marijuana items to trade show; rules 475C.517Certain information related to licensure exempt from disclosure 475C.521Governor agreements with Indian tribes; requirements 475C.523Cannabis reference laboratory; requirements; use of laboratory by State Department of Agriculture, Oregon Health Authority, Oregon Liquor and Cannabis Commission, law enforcement agencies; fees; rules 475C.525Severability of ORS 475C.005 to 475C.525 475C.529Duty to report to Legislative Assembly 475C.531Illegal Marijuana Market Enforcement Grant Program; rules 475C.533Oregon Criminal Justice Commission reports 475C.535Illegal Marijuana Market Enforcement Grant Program Fund 475C.540Definitions for ORS 475C.540 to 475C.586 475C.544Testing standards and processes; rules 475C.548Laboratory licensure; qualifications; fees; rules 475C.552Authority to require fingerprints of applicants and other individuals 475C.556Statement of applicant for license under ORS 475C.548 475C.560Laboratory accreditation; qualifications; fees; rules 475C.564Applicability of ORS 475C.540 to 475C.586 475C.568Authority of Oregon Liquor and Cannabis Commission to discipline licensees of commission 475C.572Authority of Oregon Liquor and Cannabis Commission over certain persons, license actions 475C.574Authority of Oregon Health Authority to discipline registrants of authority 475C.578Civil penalty for violating ORS 475C.540 to 475C.586 475C.582Authority of State Department of Agriculture, Oregon Liquor and Cannabis Commission for certain violations of ORS 475C.540 to 475C.586 475C.586Exemption from criminal liability 475C.590Advisory committee on standards for testing potency of marijuana and marijuana items 475C.600Definitions for ORS 475C.600 to 475C.648 475C.604Labeling requirements; rules 475C.608Authority to require preapproval of labels 475C.612Packaging requirements; rules 475C.616Authority to require preapproval of packaging 475C.620Concentration and servings limits; rules 475C.624Applicability of ORS 475C.600 to 475C.648 475C.628Authority of Oregon Liquor and Cannabis Commission to inspect 475C.632Authority of Oregon Health Authority to inspect 475C.636Authority of Oregon Liquor and Cannabis Commission to discipline licensees of commission 475C.640Authority of Oregon Health Authority to discipline registrants of authority 475C.644Civil penalty for violating ORS 475C.600 to 475C.648 475C.648Authority of State Department of Agriculture, Oregon Liquor and Cannabis Commission for certain violations of ORS 475C.600 to 475C.648 475C.670Definitions for ORS 475C.670 to 475C.734 475C.674Imposition of tax on retail sale of marijuana items 475C.678Exemption from tax on retail sale of marijuana items; rules 475C.682Collection of tax; refund; credit; penalties 475C.684Marijuana revenue estimate 475C.688Enforcement; liability; notice of liability; notices of determination and assessment 475C.692Duty to keep receipts, invoices and other records 475C.694Authority to require production of books, papers, accounts and other information 475C.698Disclosure of information 475C.702Right to appeal determination of tax liability 475C.706Duty to return excess tax collected 475C.710Authority to retain portion of tax to pay expenses incurred 475C.714Duties and powers of Department of Revenue; rules; interagency cooperation 475C.718Department of Revenue tax rebate agreement with qualified Indian tribe 475C.722Applicability of tax laws to ORS 475C.670 to 475C.734 475C.726Oregon Marijuana Account 475C.728Distributions from Oregon Marijuana Account 475C.730Requirement to establish county cannabis advisory panel prior to adoption of certain local ordinance 475C.734Suspense account; payment of expenses; crediting balance to Oregon Marijuana Account 475C.738Definitions for ORS 475C.738 to 475C.758 475C.742Financial institution exempt from certain criminal laws 475C.746Required disclosure by Oregon Liquor and Cannabis Commission; fees 475C.750Required disclosure by Oregon Health Authority; fees 475C.754Required disclosure by Department of Revenue; fees 475C.758Confidentiality of information 475C.770Findings 475C.773Short title 475C.777Definitions for ORS 475C.770 to 475C.919 475C.780Construction of ORS 475C.770 to 475C.919 475C.783Registry identification cardholders; eligibility; fees; rules 475C.786Assistance from designated primary caregiver 475C.789Designated primary caregivers 475C.791Registry identification cardholder ability to designate certain entities as additional caregivers 475C.792Marijuana grow site registration system; fees; rules 475C.794Address of marijuana grow site 475C.795Duty to submit production data to Oregon Health Authority 475C.797Delegation of duty to submit production data; rules 475C.798Personal agreements 475C.800Transfer of usable marijuana 475C.803Marijuana grow site security systems 475C.806Possession limits for plants 475C.809Possession limits for usable marijuana 475C.812Duty to carry card when at location other than address on file with Oregon Health Authority 475C.815Marijuana processing site registration system; fees; rules 475C.818Authority to require fingerprints of applicants and other individuals 475C.821Duty to submit processing data to Oregon Health Authority; rules 475C.824Public health and safety standards for medical cannabinoid products, concentrates and extracts; rules 475C.827Prohibition against transferring medical cannabinoid products, concentrates and extracts to certain persons; exceptions 475C.830Exception to registration requirement 475C.833Medical marijuana dispensary registration system; fees; rules 475C.837Authority to require fingerprints of applicants and other individuals 475C.840Medical marijuana dispensary located within 1,000 feet of prekindergarten, kindergarten or school 475C.843Duty to submit dispensing data to Oregon Health Authority; rules 475C.847Establishment of school or other building after registration 475C.850Receipt of marijuana by nonprofit dispensary; dispensation to certain cardholders; rules 475C.853Oregon Health Authority telephone hotline 475C.856Database of information related to production, processing and dispensing 475C.859Database of information related to cardholders 475C.862Confidentiality of personally identifiable information 475C.865Disclosure of personally identifiable information upon revocation or suspension of registration 475C.868Oregon Health Authority electronic system; requirements; confidentiality 475C.871Use of Oregon Liquor and Cannabis Commission tracking system; distribution from Oregon Marijuana Account; exemptions; fees; rules 475C.874Authority to designate responsibility for site or dispensary to another person 475C.877Authority to assign responsibility for site or dispensary to another person 475C.880Rights of secured parties 475C.883Exemptions from criminal liability 475C.886Exceptions to exemption from criminal liability 475C.889Affirmative defense 475C.891Prohibition against taking disciplinary action against attending provider 475C.892Prohibition against taking disciplinary action against professional licensee; right to administer marijuana for medical purposes 475C.894Authority to investigate; rights related to seized property 475C.895Civil penalty for violating ORS 475C.770 to 475C.919 475C.897Local time, place and manner regulations 475C.898Duty of State Department of Agriculture and Oregon Liquor and Cannabis Commission to assist 475C.900Immunity for state agencies, officers, employees and agents in performance of duties 475C.903Authority to possess, seize or dispose of marijuana and marijuana-derived products 475C.907Cannabis seeds as propagant of nursery stock 475C.910Applicability of ORS 475C.770 to 475C.919 to criminal causes of action 475C.913Petitioning for disease or condition to be included as debilitating medical condition; rules 475C.916Authority of nurse to discuss medical use of marijuana 475C.919Authority to adopt rules for ORS 475C.770 to 475C.919 475C.930Oregon Cannabis Commission 475C.933Commission leadership; quorum 475C.936Staff support for commission 475C.939Duties of commission 475C.945City, county ordinances regarding medical marijuana 475C.950Adoption of ordinances; referral to electors for approval

Chapter 475C — Cannabis Regulation

ORS 475C.886 Exceptions to exemption from criminal liability

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 established in ORS 475C.889, if the person, in connection with conduct constituting an element of the offense:

(1)

Drives under the influence of marijuana as provided in ORS 813.010;

(2)

Engages in the medical use of marijuana in a public place, as defined in ORS 161.015, in public view or in a correctional facility, as defined in ORS 162.135 (2), or a youth correction facility, as defined in ORS 162.135 (6); or

(3)

Delivers marijuana to any individual who the person knows is not in possession of a registry identification card or to any individual or entity that the person knows has not been designated to receive marijuana or assigned a possessory interest in marijuana by an individual in possession of a registry identification card.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.