ORS Chapter 475c — Cannabis Regulation

ORS 475c.525. (1) 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 derived cannabinoid that is reasonably determined to have an intoxicating effect. (2) Adult use cannabis item means: (a) A marijuana item; or (b) An industrial hemp commodity or product that exceeds: (A) The concentration of adult use cannabinoids established by the Oregon Liquor and Cannabis Commission, in consultation with the Oregon Health Authority and the State Department of Agriculture, by rule; or (B) The greater of: (i) A concentration of more than 0.3 percent total delta-9-tetrahydrocannabinol; or (ii) The concentration of total delta-9-tetrahydrocannabinol allowed under federal law. (3)(a) Artificially derived cannabinoid means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant Cannabis family Cannabaceae. (b) Artificially derived cannabinoid does not include: (A) A naturally occurring chemical substance that is separated from the plant Cannabis family Cannabaceae by a chemical or mechanical extraction process; (B) Cannabinoids that are produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst; or (C) Any other chemical substance identified by the commission, in consultation with the authority and the department, by rule. (4) Cannabinoid means any of the chemical compounds that are the active constituents derived from marijuana. (5) Cannabinoid concentrate means a substance obtained by separating cannabinoids from marijuana by: (a) A mechanical extraction process; (b) A chemical extraction process using a nonhydrocarbon-based solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; (c) A chemical extraction process using carbon dioxide, provided that the process does not involve the use of high heat or pressure; or (d) Any other process identified by the commission, in consultation with the authority, by rule. (6) Cannabinoid edible means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated. (7) Cannabinoid extract means a substance obtained by separating cannabinoids from marijuana by: (a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; (b) A chemical extraction process using carbon dioxide, if the process uses high heat or pressure; or (c) Any other process identified by the commission, in consultation with the authority, by rule. (8)(a) Cannabinoid product means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers. (b) Cannabinoid product does not include: (A) Usable marijuana by itself; (B) A cannabinoid concentrate by itself; (C) A cannabinoid extract by itself; or (D) Industrial hemp. (9) Consumer means a person who purchases, acquires, owns, holds or uses marijuana items other than for the purpose of resale. (10) Deliver means the actual, constructive or attempted transfer from one person to another of a marijuana item, whether or not there is an agency relationship. (11) Delta-9-tetrahydrocannabinol or delta-9-THC means (6aR,10aR)-6,6,9-trimethyl-3-pentyl-6a,7,8,10a-tetrahydro-6H- benzo[c]chromen-1-ol. (12) Delta-9-tetrahydrocannabinolic acid or delta-9-THCA means (6aR,10aR)-1-hydroxy-6,6,9-trimethyl-3-pentyl-6a,7,8,10a-tetrahydro-6H-benzo[c]chromene-2-carboxylic acid. (13) Designated primary caregiver has the meaning given that term in ORS 475C.777. (14)(a) Financial consideration means value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations. (b) Financial consideration does not include marijuana, cannabinoid products or cannabinoid concentrates that are delivered within the scope of and in compliance with ORS 475C.305. (15) Homegrown means grown by a person 21 years of age or older for noncommercial purposes. (16) Household means a housing unit and any place in or around a housing unit at which the occupants of the housing unit are producing, processing, possessing or storing homegrown marijuana, cannabinoid products, cannabinoid concentrates or cannabinoid extracts. (17) Housing unit means a house, an apartment or a mobile home, or a group of rooms or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building and that has direct access from the outside of the building or through a common hall. (18) Immature marijuana plant means a marijuana plant that is not flowering. (19) Industrial hemp has the meaning given that term in ORS 571.269. (20) Licensee means a person that holds a license issued under ORS 475C.065,