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

ORS 475c.293. Authority to require fingerprints of applicants and other individuals. 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: (1) If the applicant is a limited partnership, each partner of the limited partnership; (2) If the applicant is a limited liability company, each member of the limited liability company; (3) If the applicant is a corporation, each director and officer of the corporation; (4) Any individual who holds a financial interest of 10 percent or more in the person applying for the certificate; and (5) Any individual who is a partner, member, director or officer of a legal entity with a financial interest in the person applying for the certificate. [Formerly 475B.291] (Marijuana Control and Regulation Fund)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.297. Marijuana Control and Regulation Fund. 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
ORS Chapter 475c — Cannabis Regulation

ORS 475c.301. Enforcement authority of regulatory specialist. (1) 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,
ORS Chapter 475c — Cannabis Regulation

ORS 475c.305. Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery. ORS 475C.017,
ORS Chapter 475c — Cannabis Regulation

ORS 475c.309. Prohibition against producing, processing, possessing or storing homegrown marijuana or homemade cannabinoid products, extracts. (1) 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. (2) A person may not possess or store a cannabinoid extract if the cannabinoid extract can be seen by normal unaided vision from a public place. (3) A violation of subsection (1) or (2) of this section is a Class B violation. [Formerly 475B.306]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.313. Prohibition against producing, processing or storing homemade cannabinoid extracts, industrial hemp extracts. (1) 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. (2) A person may not produce, process or store homemade industrial hemp extracts. (3) Violation of this section is a Class A misdemeanor. [Formerly 475B.311] (Prohibited Conduct)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.321. Prohibition against producing identification that falsely indicates age; protections for reliance on identification. (1) A person may not produce any piece of identification that falsely indicates the persons age. (2) Violation of this section is a Class A misdemeanor. (3) 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, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a marijuana item to a person under 21 years of age unless it is demonstrated that a reasonable person would have determined that the identification exhibited by the person under 21 years of age was altered, or that the identification exhibited by the person under 21 years of age did not accurately describe the person to whom the marijuana item was sold or served. [Formerly 475B.321]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.325. Requirements for assessment and treatment under ORS 475C.317. 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: (1) Pay to the court the fee described under ORS 813.030 in addition to any fine imposed under ORS 475C.850. (2) Complete an examination by an agency or organization designated by the court to determine whether the person has a problem condition involving marijuana as described in ORS 813.040. The designated agencies or organizations must meet minimum standards established under ORS 430.357 to perform the diagnostic assessment and treatment of problem marijuana use and must be certified by the Director of the Oregon Health Authority. (3) Complete a treatment program, paid at the expense of the person convicted, as follows: (a) If the examination required under this section shows that the person has a problem condition involving marijuana, a program for rehabilitation for problem marijuana use approved by the director. (b) If the examination required by this section shows that the person does not have a problem condition involving marijuana, a marijuana information program approved by the director. [Formerly 475B.326]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.329. Prohibition regarding person who is visibly intoxicated; prohibition against allowing consumption of marijuana by person under 21 years of age on private property; penalty. (1) A person may not sell, give or otherwise make available a marijuana item to a person who is visibly intoxicated. (2)(a) 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 under 21 years of age consumes a marijuana item on the property. (b) This subsection: (A) Applies only to a person who is present and in control of the location at the time the consumption occurs; and (B) Does not apply to the owner of rental property, or the agent of an owner of rental property, unless the consumption occurs in the individual housing unit in which the owner or agent resides. (3) Violation of this section is a Class A misdemeanor. [Formerly 475B.329]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.333. Prohibition against giving marijuana item as prize; penalty. (1) 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. (2) Violation of this section is a Class A misdemeanor. [Formerly 475B.333]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.337. Unlawful possession by person 21 years of age or older. (1) 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: (a) An amount of plants in the genus Cannabis within the plant family Cannabaceae in excess of the amount allowed under ORS 475C.305 (1). (b) More than two ounces of usable marijuana in a public place. (c) More than eight ounces of usable marijuana. (d) More than 16 ounces of cannabinoid products in solid form or cannabinoid concentrates. (e) More than 72 ounces of cannabinoid products in liquid form. (f) More than one ounce of cannabinoid extracts. (g) A cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475C.097. (2) Except as provided in subsection (3) of this section, unlawful possession of a marijuana item is a Class A misdemeanor. (3) Unlawful possession of a marijuana item is: (a) A Class B violation, if the amount possessed is not more than two times the applicable maximum amount specified in subsection (1)(a) to (f) of this section. (b) A Class B misdemeanor, if the amount possessed is more than two times, but not more than four times, the applicable maximum amount specified in subsection (1)(a) to (f) of this section. (c) A Class C felony, if the amount possessed is: (A) More than 16 times the applicable maximum amount specified in subsection (1)(a), (c), (d), (e) or (f) of this section; (B) More than eight pounds of usable marijuana in a public place; or (C) More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475C.097. (d) A Class B felony, if: (A) The amount possessed is more than 32 times the applicable maximum amount specified in subsection (1)(a), (c), (d), (e) or (f) of this section; or (B) The violation is a marijuana offense involving reckless unlawful conduct under ORS 475C.353 (5) or a marijuana offense involving knowing unlawful conduct under ORS 475C.353 (6).
ORS Chapter 475c — Cannabis Regulation

ORS 475c.341. sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation is a commercial marijuana offense. A violation is a commercial marijuana offense for purposes of this subsection if the violation was accompanied by at least three of the following factors: (a) The offender delivered a marijuana item for consideration; (b) The offender was in possession of $300 or more in cash; (c) The offender was unlawfully in possession of a firearm or other weapon as described in ORS 166.270 (2), the offender used, attempted to use or threatened to use a deadly weapon or dangerous weapon, as those terms are defined in ORS 161.015, or the offender was in possession of a firearm or other deadly weapon or dangerous weapon for the purpose of using the deadly weapon or dangerous weapon; (d) The offender was in possession of materials being used for the packaging of marijuana items, such as scales, wrapping or foil, other than a material used to contain the marijuana item that is the subject of the violation; (e) The offender was in possession of marijuana item transaction records or customer lists; (f) The offender was in possession of stolen property; (g) The offender was in possession of manufacturing paraphernalia specifically designed for producing marijuana, such as recipes, precursor chemicals, laboratory equipment, lighting equipment, ventilating equipment or power generation equipment; (h) The offender modified structures by painting, wiring, plumbing or lighting the structures to facilitate the offense; (i) The offender used public lands to manufacture the marijuana item; or (j) The offender constructed fortifications or took security measures that had the potential to injure persons. (4) To prove that a violation is a commercial marijuana offense for purposes of subsection (3) of this section, the state must plead in the accusatory instrument at least three of the factors described in subsection (3) of this section. The state has the burden of proving each factor beyond a reasonable doubt. (5) A violation of ORS 475C.337 (3)(d), 475C.341 (4), 475C.349 (3)(c)(B) or
ORS Chapter 475c — Cannabis Regulation

ORS 475c.345. Unlawful delivery of marijuana item. (1) 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. (2) Except as provided in subsection (3) of this section, unlawful delivery of a marijuana item is a Class A misdemeanor. (3) Unlawful delivery of a marijuana item is: (a) A Class B misdemeanor, if a person 21 years of age or older unlawfully delivers usable marijuana, for no consideration, to a person 21 years of age or older, and the total amount of usable marijuana delivered is not more than twice the amount described in ORS 475C.305 (7). (b) A Class C felony, if: (A) The delivery involves: (i) More than 16 times the applicable maximum amount specified in ORS 475C.337 (1)(a), (c), (d), (e) or (f); (ii) More than eight pounds of usable marijuana in a public place; or (iii) More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475C.097. (B) The marijuana item is delivered to a person under 21 years of age, unless the person delivering the marijuana item is under 24 years of age at the time of the delivery and delivers not more than one ounce of usable marijuana, for no consideration, to a person who is 16 years of age or older. [Formerly 475B.346]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.349. guidelines grid of the Oregon Criminal Justice Commission if the violation constitutes a marijuana offense involving reckless unlawful conduct. A violation of ORS 475C.337 (3)(d), 475C.341 (4), 475C.349 (3)(c)(B) or 475C.349 (3)(c)(C) is a marijuana offense involving reckless unlawful conduct if the person is aware of and consciously disregards a substantial and justifiable risk that the violation is accompanied by: (a) Any of the following factors: (A) Abusing or threatening to abuse the law or legal process; (B) Destroying, concealing, removing, confiscating or possessing an actual or purported passport or immigration document, or other actual or purported government identification document, of another person; (C) Threatening to report another person to a government agency for the purpose of the other persons arrest or deportation; (D) Threatening to collect an unlawful debt; (E) Instilling in another person a fear that the person will withhold from the other person the necessities of life, including but not limited to lodging, food and clothing; or (F) Withholding wages earned without lawful justification; (b) The issuance of a citation to a person under ORS 654.071 for a violation of any state occupational safety or health law, regulation, rule or order, including any safety and health standards for agricultural labor housing and related facilities under the Oregon Safe Employment Act; or (c) Any of the following factors related to the environment: (A) Discharging, placing or causing to be placed any wastes, as defined in ORS 468B.005, into the waters of this state or in a location where the wastes are likely to escape or be carried into the waters of this state; (B) The unlawful use, storage, disposal, treatment or transport of hazardous waste, as defined in ORS 466.005; (C) The unlawful possession, use or application of a pesticide, as defined in ORS 634.006; or (D) The use of surface water or ground water in violation of ORS chapter 537. (6) A violation of ORS 475C.337 (3)(d), 475C.341 (4), 475C.349 (3)(c)(B) or
ORS Chapter 475c — Cannabis Regulation

ORS 475c.353. Classification of felony under ORS 475C.337, 475C.341, 475C.345 and 475C.349. (1) Except as provided in subsections (3), (5) and (6) of this section, a felony under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.357. Arson incident to manufacture of cannabinoid extract in first degree. (1) As used in this section: (a) Property has the meaning given that term in ORS 164.005. (b) Property of another and protected property have the meanings given those terms in ORS 164.305. (2) 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, the person causes a fire or causes an explosion that damages: (a) The protected property of another person; (b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or the protected property of another person in danger of damage; or (c) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire or explosion. (3) Arson incident to manufacture of a cannabinoid extract in the first degree is a Class A felony. (4) This section does not apply to a licensee that is authorized under the laws of this state to engage in the manufacture of cannabinoid extracts. [Formerly 475B.359]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.361. Arson incident to manufacture of cannabinoid extract in second degree. (1) As used in this section: (a) Property has the meaning given that term in ORS 164.005. (b) Property of another and protected property have the meanings given those terms in ORS 164.305. (2) 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 extract, the person causes a fire or causes an explosion that damages: (a) Any building of another person that is not protected property; or (b) The property of another, if the damages to the property exceed $750. (3) Arson incident to manufacture of a cannabinoid extract in the second degree is a Class C felony. (4) This section does not apply to a licensee that is authorized under the laws of this state to engage in the manufacture of cannabinoid extracts. [Formerly 475B.363]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.365. Causing another person to ingest marijuana. (1) As used in this section: (a) Crime of violence has the meaning given that term in ORS 475.908. (b)(A) Ingest means to consume or otherwise deliver a cannabinoid into the body of a person. (B) Ingest does not include the inhalation of smoke, aerosols or vapors created by smoking, aerosolizing or vaporizing a marijuana item. (2)(a) A person commits the offense of causing another person to ingest marijuana if the person knowingly or intentionally causes the other person to ingest a marijuana item without the consent of the other person. (b) Causing another person to ingest marijuana is a Class B felony. (c) A violation of this subsection shall be classified as a person felony and crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. (3)(a) Notwithstanding subsection (2) of this section, causing another person to ingest marijuana is a Class A felony if the person, with the intent of committing or facilitating a crime of violence against the other person, knowingly or intentionally causes the other person to ingest a marijuana item without the consent of the other person. (b) A violation of this subsection shall be classified as a person felony and crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. [Formerly 475B.367]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.369. Administration to another person under 18 years of age. (1) Except as authorized under ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.373. Unlawful sale or delivery of marijuana paraphernalia. (1) 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, inhaling or otherwise introducing into the human body a marijuana item. Marijuana paraphernalia does not include hypodermic syringes or needles. (2) It is unlawful for a person to sell or deliver, to possess with intent to sell or deliver or to manufacture with intent to sell or deliver marijuana paraphernalia to a person who is under 21 years of age, knowing that the marijuana paraphernalia will be used for the purpose for which it was marketed or designed. (3) Violation of this section is a Class B violation. (4) Subject to the provisions of ORS chapter 131A, and notwithstanding the violation classification specified in subsection (3) of this section, the Oregon Liquor and Cannabis Commission may purchase, possess, seize or dispose of marijuana paraphernalia as is necessary for the commission to ensure compliance with and enforce this section and any rule adopted under this section. (5) In determining whether an object is marijuana paraphernalia under this section or drug paraphernalia under ORS 475.525, a trier of fact in an administrative or judicial proceeding must consider, in addition to any other relevant factor, the following: (a) Any oral or written instruction provided with the object related to the objects use; (b) Any descriptive material packaged with the object that explains or depicts the objects use; (c) Any national or local advertising related to the objects use; (d) Any proffered expert testimony related to the objects use; (e) The manner in which the object is displayed for sale, if applicable; and (f) Any other proffered evidence substantiating the objects intended use. [Formerly 475B.376]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.377. Prohibition against using marijuana item in public place. (1) It is unlawful for any person to engage in the use of marijuana items in a public place. (2) A violation of subsection (1) of this section is a Class B violation. [Formerly 475B.381]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.379. Unlawful production of marijuana. (1) A person commits the crime of unlawful production of marijuana if the person produces marijuana or industrial hemp: (a) 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 premises for which a license was issued under ORS 475C.085 or a marijuana grow site registered under ORS 475C.792; and (b) In an amount that is not allowed by state law. (2) Unlawful production of marijuana is a Class A misdemeanor. (3) Marijuana or industrial hemp that is unlawfully produced, as described in subsection (1) of this section, is considered contraband and may be destroyed by a law enforcement agency. [2021 c.542 41] Note:
ORS Chapter 475c — Cannabis Regulation

ORS 475c.381. Immunity for person making report of violation. 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 participating in a judicial proceeding resulting from the report. [Formerly 475B.385]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.385. Effect of crime under federal law or law of another state. 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 and 17 to 20 of this 2017 Act, the amendments to statutes by sections 1, 15 and 22 to 125 of this 2017 Act and the repeal of statutes and session laws by section 126 of this 2017 Act apply to conduct occurring on and after the effective date of this 2017 Act [April 21, 2017].