justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 475c — Cannabis Regulation

ORS 475c.073. Marijuana production as nonconforming land use; alterations to premises; continued use requirement. (1) 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 land use, since the date on which the production license was first issued may continue to be used to produce marijuana. (2) A premises described in subsection (1) of this section is not required to be continually owned or operated by the marijuana producer that was first issued a license under ORS 475C.065. (3) A land use compatibility statement, in addition to that required for initial licensure, from the city or county is not required for a premises described in subsection (1) of this section if: (a) The marijuana producer is applying for licensure renewal; or (b) A change in ownership of the premises occurs but does not alter the marijuana plant grow canopy size or whether the marijuana plant grow canopy is indoors or outdoors. (4)(a) Alterations may be made to premises described in subsection (1) of this section if the alterations: (A) Are necessary in order for the premises to comply with a lawful requirement for alteration in production; or (B) In the production or in the buildings, structures or physical improvements associated with the premises have no greater adverse impact to the surrounding area. (b) The city or county that has jurisdiction over the premises shall perform an evaluation of proposed alterations and may deny only alterations that do not meet the criteria set out in this subsection. (5) If a premises described in subsection (1) of this section is not used for marijuana production for a period of at least 12 calendar months, marijuana production may not be resumed on the premises unless the marijuana production conforms to any zoning requirements or regulations applicable at the time of the proposed resumption. [Formerly 475B.077]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.077. Marijuana plant grow canopies; rules. (1) 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: (a) Limit the size of marijuana plant grow canopies, for premises where marijuana is grown outdoors and for premises where marijuana is grown indoors, in a manner calculated to result in premises that produce the same amount of harvested marijuana leaves and harvested marijuana flowers regardless of whether the marijuana is grown outdoors or indoors. (b) Adopt a tiered system under which the permitted size of a marijuana producers marijuana plant grow canopy increases at the time of licensure renewal under ORS 475C.065, except that the permitted size of a marijuana producers marijuana plant grow canopy may not increase following any year during which the commission disciplined the marijuana producer for violating a provision of ORS 475C.005 to 475C.525 or a rule adopted under ORS 475C.005 to 475C.525. (c) Take into consideration the market demand for marijuana items in this state, the number of marijuana producers applying for a license under ORS 475C.065, the number of marijuana producers that hold a license issued under ORS 475C.065 and whether the availability of marijuana items in this state is commensurate with the market demand. (2) For purposes of this section, the commission may adopt different rules for mature marijuana plant grow canopies and immature marijuana plant grow canopies. (3) This section applies only to that portion of a premises for which a license has been issued under ORS 475C.065 that is used to produce marijuana plants. [Formerly 475B.085]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.081. Permissible delivery and receipt by marijuana producer and marijuana processor. (1) As used in this section, commonly owned means, as further defined by the Oregon Liquor and Cannabis Commission by rule, that a person included on an application for a license under ORS 475C.065 has an interest in or authority over the management of another entity for which a license has been issued under ORS 475C.065. (2) 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
ORS Chapter 475c — Cannabis Regulation

ORS 475c.089. Cannabinoid concentrate; kief. (1) 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) A mechanical process; or (b) An extraction process using water as the solvent. (2) To be eligible to process marijuana into a cannabinoid concentrate under this section, a marijuana producer must have a mature marijuana plant grow canopy, as restricted by the Oregon Liquor and Cannabis Commission under ORS 475C.077, that does not exceed: (a) For marijuana grown outdoors, 5,000 square feet; or (b) For marijuana grown indoors, 1,250 square feet. (3)(a) A marijuana producer that holds a license issued under ORS 475C.065 and that has a plant grow canopy determined by rule by the commission, may produce and transfer kief. (b) For purposes of this subsection, kief means the resinous trichomes of marijuana that accumulate or fall off when marijuana flowers are sifted through a mesh screen or sieve. (4) The processing of marijuana under this section must comport with any reasonable condition adopted under ORS 475C.449 that is imposed on the manner in which a marijuana processor licensed under ORS 475C.085 may process marijuana. [Formerly 475B.096] (License to Sell Marijuana Items at Wholesale)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.093. Wholesale license; fees; rules. (1) The wholesale sale of marijuana items is subject to regulation by the Oregon Liquor and Cannabis Commission. (2) 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: (a) Must apply for a license in the manner described in ORS 475C.033; (b) Must provide proof that the applicant is 21 years of age or older; (c) May not be located in an area that is zoned exclusively for residential use; and (d) Must meet the requirements of any rule adopted by the commission under subsection (3) of this section. (3) The commission shall adopt rules that: (a) Require a marijuana wholesaler to annually renew a license issued under this section; (b) Establish application, licensure and renewal of licensure fees for marijuana wholesalers; (c) Require marijuana items received, stored or delivered by a marijuana wholesaler to be tested in accordance with ORS 475C.544; (d) Allow a marijuana wholesaler registered under ORS 475C.145 to sell medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts at wholesale in the same manner that rules adopted under ORS 475C.005 to 475C.525 allow a marijuana wholesaler to sell general use cannabinoid products, cannabinoid concentrates and cannabinoid extracts at wholesale, excepting those circumstances where differentiating between the sale of medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts and the sale of general use cannabinoid products, cannabinoid concentrates and cannabinoid extracts is necessary to protect the public health and safety; and (e) Require a marijuana wholesaler to meet any public health and safety standards and industry best practices established by the commission by rule. (4) Fees adopted under subsection (3)(b) of this section: (a) May not exceed, together with other fees collected under ORS 475C.005 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.097. Retail license; sale of medical grade items; fees; rules. (1) The retail sale of marijuana items is subject to regulation by the Oregon Liquor and Cannabis Commission. (2) 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: (a) Must apply for a license in the manner described in ORS 475C.033; (b) Must provide proof that the applicant is 21 years of age or older; (c) May not be located in an area that is zoned exclusively for residential use; (d) Except as provided in ORS 475C.101, may not be located within 1,000 feet of: (A) A building where a public prekindergarten or kindergarten program is provided by a school district or an education service district; (B) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or (C) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and (e) Must meet the requirements of any rule adopted by the commission under subsection (3) of this section. (3) The commission shall adopt rules that: (a) Require a marijuana retailer to annually renew a license issued under this section; (b) Establish application, licensure and renewal of licensure fees for marijuana retailers; (c) Require marijuana items sold by a marijuana retailer to be tested in accordance with ORS 475C.544; (d) Notwithstanding ORS 475C.205, allow a marijuana retailer to deliver marijuana items to another marijuana retailer that has on the marijuana retailers license application a person that has an interest in or authority over the management of the other marijuana retailer; (e) Subject to the limitations and privileges described in ORS 475C.149 (3), allow a marijuana retailer registered under ORS 475C.149 to sell medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts at retail in the same manner that rules adopted under ORS 475C.005 to 475C.525 allow a marijuana retailer to sell general use cannabinoid products, cannabinoid concentrates and cannabinoid extracts at retail, excepting those circumstances where differentiating between the sale of medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts and the sale of general use cannabinoid products, cannabinoid concentrates and cannabinoid extracts is necessary to protect the public health and safety; and (f) Require a marijuana retailer to meet any public health and safety standards and industry best practices established by the commission by rule. (4) Fees adopted under subsection (3)(b) of this section: (a) May not exceed, together with other fees collected under ORS 475C.005 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.101. Proximity of marijuana retailer to prekindergarten, kindergarten or school. 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: (1)(a) The marijuana retailer is not located within 500 feet of: (A) A building where a public prekindergarten or kindergarten program is provided by a school district or an education service district; (B) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or (C) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and (b) The Oregon Liquor and Cannabis Commission determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the marijuana retailer; or (2) The marijuana retailer was established before August 1, 2017, in accordance with a city or county ordinance adopted under section 29b, chapter 83, Oregon Laws 2016.
ORS Chapter 475c — Cannabis Regulation

ORS 475c.105. Establishment of school or other building after issuance of license; retailer relocation; rules. (1) 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 marijuana retailer under ORS 475C.265. (2)(a) If the commission issues a license for a premises under ORS 475C.097 and, after issuance, the commission becomes aware that a school established prior to issuance of the license is located within 1,000 feet of the premises, the commission may allow the marijuana retailer to relocate to a premises that is not within 1,000 feet of the school without applying for and being issued a new license under ORS 475C.097. (b) The commission may adopt rules to carry out this subsection.
ORS Chapter 475c — Cannabis Regulation

ORS 475c.109. Requirement to verify persons age; rules. 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 persons age for the purpose of ensuring that the marijuana retailer does not sell marijuana items to a person under 21 years of age. Information obtained under this section may not be retained after verifying a persons age and may not be used for any purpose other than verifying a persons age. [Formerly 475B.119]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.113. Ordinance allowing delivery of marijuana items to consumers; prohibition on local tax or fee. (1) 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. (2) 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 Liquor and Cannabis Commission. (3) A city or county that adopts an ordinance under this section may not impose a tax or fee on the retail price or delivery cost of marijuana items delivered within the city or county.
ORS Chapter 475c — Cannabis Regulation

ORS 475c.121. Exclusively medical licensee designation for marijuana producer. (1) 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
ORS Chapter 475c — Cannabis Regulation

ORS 475c.125. Exclusively medical licensee designation for marijuana processor. (1) 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
ORS Chapter 475c — Cannabis Regulation

ORS 475c.129. Exclusively medical licensee designation for marijuana wholesaler. (1) 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
ORS Chapter 475c — Cannabis Regulation

ORS 475c.133. (k) Any combination of the entities described in this subsection. (2) If the governing body of a city or county adopts an ordinance under this section, the governing body shall submit the measure of the ordinance to the electors of the city or county for approval at the next statewide general election. (3) 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: (a) To the Oregon Health Authority, in a form and manner prescribed by the authority, if the ordinance concerns a medical marijuana dispensary registered under ORS 475C.833 or a marijuana processing site registered under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.137. Production for medical purposes; rules. (1) 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. (2) The commission shall register a marijuana producer for the purpose of producing marijuana for medical purposes if the marijuana producer: (a) Holds a license issued under ORS 475C.065; (b) Meets any qualifications adopted by the commission by rule; (c) Applies to the commission in a form and manner prescribed by the commission; and (d) Pays any fee adopted by the commission by rule. (3) Subject to subsection (4) of this section, a marijuana producer registered under this section may produce marijuana plants on a medically designated grow canopy in addition to producing marijuana plants on the grow canopy allowed under rules adopted under ORS 475C.077. The commission shall specify the size of medically designated grow canopies by rule, provided that the size of any medically designated grow canopy does not exceed 10 percent of the total size of both the medically designated grow canopy and the grow canopy allowed under rules adopted under ORS 475C.077 at the time that the marijuana producer applies for registration under this section. (4) A marijuana producer registered under this section must provide, for no consideration, at least 75 percent of the annual yield of usable marijuana harvested from the marijuana producers medically designated grow canopy to registry identification cardholders and designated primary caregivers. (5) A marijuana producer registered under this section may not, during a single transaction, provide a registry identification cardholder or the designated primary caregiver of a registry identification cardholder an amount of usable marijuana that exceeds the amount of usable marijuana that a registry identification cardholder and a designated primary caregiver may jointly possess under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.141. Processing for medical purposes; rules. (1) 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. (2) The commission shall register a marijuana processor for the purpose of processing marijuana for medical purposes if the marijuana processor: (a) Holds a license issued under ORS 475C.085; (b) Meets any qualifications adopted by the commission by rule; (c) Applies to the commission in a form and manner prescribed by the commission; and (d) Pays any fee adopted by the commission by rule. (3) A marijuana processor registered under this section may: (a) Process marijuana and usable marijuana into medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts; and (b) Notwithstanding ORS 475C.205, receive marijuana and usable marijuana from, and for a fee process that marijuana and usable marijuana into cannabinoid products, cannabinoid concentrates and cannabinoid extracts for, a registry identification cardholder or the designated primary caregiver of a registry identification cardholder, provided that the cannabinoid products, cannabinoid concentrates and cannabinoid extracts meet the requirements of ORS 475C.540 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.145. Wholesale selling for medical purposes; rules. (1) 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. (2) The commission shall register a marijuana wholesaler for the purpose of selling marijuana items at wholesale for medical purposes if the marijuana wholesaler: (a) Holds a license under ORS 475C.093; (b) Meets any qualifications adopted by the commission by rule; (c) Applies to the commission in a form and manner prescribed by the commission; and (d) Pays any fee adopted by the commission by rule. (3) A marijuana wholesaler registered under this section may sell medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts at wholesale. (4) The commission shall adopt rules necessary to administer this section. The rules must provide that any fee adopted by the commission under subsection (2)(d) of this section be in an amount reasonably calculated to not exceed, together with other fees collected under ORS 475C.005 to 475C.525, the cost of administering ORS 475C.005 to 475C.525. [Formerly 475B.144]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.149. Retail selling for medical purposes; rules. (1) 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. (2) The commission shall register a marijuana retailer for the purpose of selling marijuana items at retail for medical purposes if the marijuana retailer: (a) Holds a license issued under ORS 475C.097; (b) Meets any qualifications adopted by the commission by rule; (c) Applies to the commission in a form and manner prescribed by the commission; and (d) Pays any fee adopted by the commission by rule. (3) A marijuana retailer registered under this section: (a) May sell medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts to registry identification cardholders and designated primary caregivers; (b) May not sell medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts to individuals other than registry identification cardholders and designated primary caregivers; (c) May sell usable marijuana and medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts to registry identification cardholders and designated primary caregivers at a discounted price; and (d) May provide, for no consideration, usable marijuana and medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts to a registry identification cardholder and the designated primary caregiver of the registry identification cardholder. (4)(a) The commission shall adopt rules necessary to administer this section. (b) The rules must provide that any fee adopted by the commission under subsection (2)(d) of this section be in an amount reasonably calculated to not exceed, together with other fees collected under ORS 475C.005 to 475C.525, the cost of administering ORS 475C.005 to 475C.525. [Formerly 475B.146]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.153. Oregon Health Authority rule requirement. 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. [Formerly 475B.149] (Powers and Duties of Oregon Liquor and Cannabis Commission with Respect to Licensees)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.157. Authority to inspect books and premises; notice. (1) 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
ORS Chapter 475c — Cannabis Regulation

ORS 475c.161. Authority to require segregation of premises. 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: (1) 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 premises; (2) For conducting activities related to processing marijuana into different types of cannabinoid products, cannabinoid concentrates or cannabinoid extracts, if the licensee is a marijuana processor that holds a license issued under ORS