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

ORS 475c.389. Protection for person obtaining assistance for cannabis-related overdose. (1) As used in this section, cannabis-related overdose means an acute condition, including mania, hysteria, extreme physical illness, coma or death, resulting from the consumption or use of cannabis, or another substance with which cannabis was combined, that a person would reasonably believe requires medical attention. (2)(a) A person who contacts emergency medical services or a law enforcement agency to obtain medical assistance for another person because of a cannabis-related overdose is immune from arrest or prosecution for violating ORS 475C.337,
ORS Chapter 475c — Cannabis Regulation

ORS 475c.393. Affirmative defense. It is an affirmative defense to a charge of violating ORS 475C.337, 475C.345 or
ORS Chapter 475c — Cannabis Regulation

ORS 475c.401. Authority to issue subpoenas. For purposes of ORS 475C.005 to 475C.525, the provisions of ORS 183.440 apply to subpoenas issued by the Oregon Liquor and Cannabis Commission and to subpoenas issued by an authorized agent of the commission. [Formerly 475B.409]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.405. Civil penalty for violating ORS 475C.005 to 475C.525. In addition to any other liability or penalty provided by law, the Oregon Liquor and Cannabis Commission may impose for each violation of a provision of ORS 475C.005 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.409. Forfeiture of building or premises for violating ORS 475C.005 to 475C.525. If the owner of a building or premises knowingly has used the building or premises for, or allowed the building or premises to be occupied for, the production, processing, sale or use of marijuana items contrary to the provisions of ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.413. Authority of law enforcement to enforce ORS 475C.005 to 475C.525. The law enforcement officers of this state may enforce ORS 475C.005 to 475C.525 and assist the Oregon Liquor and Cannabis Commission in detecting violations of ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.417. Seizure of marijuana items by law enforcement personnel. (1) When a law enforcement officer arrests a person for violating ORS 475C.005 to 475C.525, the law enforcement officer may take into possession all marijuana items and other property that the arrested person has in possession, or that is on the premises, that apparently is being used in violation of ORS 475C.005 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.421. Duty to notify Oregon Liquor and Cannabis Commission of conviction of licensee. The county courts, district attorneys and municipal authorities, immediately upon the conviction of a licensee of a violation of ORS 475C.005 to 475C.525, or of a violation of any other law of this state or ordinance of a city or county located in this state an element of which is the possession, delivery or manufacture of a marijuana item, shall notify the Oregon Liquor and Cannabis Commission of the conviction. [Formerly 475B.442]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.425. Penalty for violating ORS 475C.005 to 475C.525. Subject to ORS 153.022, violation of a rule adopted under ORS 475C.017 (2)(c) is a Class C violation. [Formerly 475B.448] (Regulation by Cities and Counties of Cannabis for Recreational Use)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.429. Preemption of municipal charter amendments and local ordinances. The provisions of ORS 475C.005 to 475C.525 are designed to operate uniformly throughout the state and are paramount and superior to and fully replace and supersede any municipal charter amendment or local ordinance inconsistent with the provisions of ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.433. Prohibition against operation of premises for which license issued; petition; election. (1) The governing body of a city or a county, when a petition is filed as provided in this section, shall order an election on the question as to whether the operation of premises for which a license has been issued under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.437. Effective date of prohibition against operation of licensed premises. In each county or city that returns a majority vote for or against prohibition, the law shall take effect on January 1 following the day of election. [Formerly 475B.474]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.441. Ordinance prohibiting possession. (1) As used in this section, designated primary caregiver, immature marijuana plant, marijuana, medical cannabinoid product and registry identification cardholder have the meanings given those terms in ORS 475C.777. (2) A city or county may not adopt an ordinance, by referral or otherwise, that prohibits or otherwise limits: (a) The privileges described in ORS 475C.305; or (b) The right of a registry identification cardholder and the designated primary caregiver of a registry identification cardholder to: (A) Possess the seeds of marijuana, immature marijuana plants or medical cannabinoid products as described in ORS 475C.770 to 475C.919; (B) Jointly possess up to six mature marijuana plants and up to 12 immature marijuana plants under ORS 475C.806 (1); or (C) Jointly possess up to 24 ounces of usable marijuana under ORS 475C.809 (1). [Formerly 475B.477] Note:
ORS Chapter 475c — Cannabis Regulation

ORS 475c.445. Right to possess marijuana items for personal use. ORS 475C.433 does not prevent any person residing in the county or city from having, for personal use, a marijuana item purchased from a marijuana retailer licensed under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.449. Local time, place and manner regulations. (1) For purposes of this section, reasonable regulations includes: (a) Reasonable conditions on the manner in which a marijuana producer that holds a license issued under ORS 475C.065 may produce marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475C.289 may produce marijuana or propagate immature marijuana plants; (b) Reasonable conditions on the manner in which a marijuana processor that holds a license issued under ORS 475C.085 may process marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475C.289 may process marijuana; (c) Reasonable conditions on the manner in which a marijuana wholesaler that holds a license issued under ORS 475C.093 may sell marijuana at wholesale; (d) Reasonable conditions on the manner in which a marijuana retailer that holds a license issued under ORS 475C.097 may sell marijuana items; (e) Reasonable limitations on the hours during which a premises for which a license has been issued under ORS 475C.005 to 475C.525 may operate; (f) Reasonable requirements related to the publics access to a premises for which a license or certificate has been issued under ORS 475C.005 to 475C.525; and (g) Reasonable limitations on where a premises for which a license or certificate may be issued under ORS 475C.005 to 475C.525 may be located. (2) Notwithstanding ORS 30.935, 215.253 (1) or 633.738, the governing body of a city or county may adopt ordinances that impose reasonable regulations on the operation of businesses located at premises for which a license or certificate has been issued under ORS 475C.005 to 475C.525 if the premises are located in the area subject to the jurisdiction of the city or county, except that the governing body of a city or county may not: (a) Adopt an ordinance that prohibits a premises for which a license has been issued under ORS 475C.097 from being located within a distance that is greater than 1,000 feet of another premises for which a license has been issued under ORS 475C.097. (b) Adopt an ordinance that imposes a setback requirement for an agricultural building used to produce marijuana located on a premises for which a license has been issued under ORS 475C.065 if the agricultural building: (A) Was constructed on or before July 1, 2015, in compliance with all applicable land use and building code requirements at the time of construction; (B) Is located at an address where a marijuana grow site first registered with the Oregon Health Authority under ORS 475C.792 on or before January 1, 2015; (C) Was used to produce marijuana pursuant to the provisions of ORS 475C.770 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.453. Local tax or fee; referral to electors for approval. (1)(a) Except as expressly authorized by this section, the authority to impose a tax or fee on the production, processing or sale of marijuana items in this state is vested solely in the Legislative Assembly. (b) Except as expressly authorized by this section, a county, city or other municipal corporation or district may not adopt or enact ordinances imposing a tax or fee on the production, processing or sale of marijuana items in this state. (2) Subject to subsection (4) of this section, the governing body of a city or county may adopt an ordinance to be referred to the electors of the city or county as described in subsection (3) of this section that imposes a tax or a fee on the sale of marijuana items that are sold in the area subject to the jurisdiction of the city or the unincorporated area subject to the jurisdiction of a county by a marijuana retailer that holds a license issued under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.457. Repeal of city, county ordinance that prohibits certain establishments. (1) The governing body of a city or county may repeal an ordinance that prohibits the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county: (a) Marijuana processing sites registered under ORS 475C.815; (b) Medical marijuana dispensaries registered under ORS 475C.833; (c) Marijuana producers that hold a license issued under ORS 475C.065; (d) Marijuana processors that hold a license issued under ORS 475C.085; (e) Marijuana wholesalers that hold a license issued under ORS 475C.093; (f) Marijuana retailers that hold a license issued under ORS 475C.097; (g) Marijuana producers that hold a license issued under ORS 475C.065 and that the Oregon Liquor and Cannabis Commission has designated as an exclusively medical licensee under ORS 475C.121; (h) Marijuana processors that hold a license issued under ORS 475C.085 and that the commission has designated as an exclusively medical licensee under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.461. Duty of Oregon Health Authority to assist. The Oregon Health Authority shall assist and cooperate with the Oregon Liquor and Cannabis Commission and the State Department of Agriculture to the extent necessary for the commission and the department to carry out the duties of the commission and the department under ORS 475C.005 to 475C.525. [Formerly 475B.501]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.465. Duty of State Department of Agriculture to assist. The State Department of Agriculture shall assist and cooperate with the Oregon Liquor and Cannabis Commission and the Oregon Health Authority to the extent necessary for the commission and the authority to carry out the duties of the commission and the authority under ORS 475C.005 to 475C.525. [Formerly 475B.506]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.469. Authority of State Department of Agriculture. The State Department of Agriculture may possess, test and dispose of marijuana items. [Formerly 475B.511]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.473. Prohibition against refusing to perform duties on basis that certain conduct is prohibited by federal law. (1) The Oregon Liquor and Cannabis Commission, the State Department of Agriculture and the Oregon Health Authority may not refuse to perform any duty under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 on the basis that manufacturing, distributing, dispensing, possessing or using marijuana is prohibited by federal law. (2) The commission may not revoke or refuse to issue or renew a license, certificate or permit under ORS 475C.005 to 475C.525 or 475C.548 on the basis that manufacturing, distributing, dispensing, possessing or using marijuana is prohibited by federal law.
ORS Chapter 475c — Cannabis Regulation

ORS 475c.477. Immunity for state agencies, officers and employees in performance of duties. A person may not sue the Oregon Liquor and Cannabis Commission or a member of the commission, the State Department of Agriculture or the Oregon Health Authority, or any employee of the commission, department or authority, for performing or omitting to perform any duty, function or power of the commission, department or authority set forth in ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 or in any other law of this state requiring the commission, department or authority to perform a duty, function or power related to marijuana items.
ORS Chapter 475c — Cannabis Regulation

ORS 475c.481. Authority to purchase, possess, seize or dispose of marijuana items. Subject to any applicable provision of ORS chapter 131A or 183, any state officer, board, commission, corporation, institution, department or other state body, and any local officer, board, commission, institution, department or other local government body, that is authorized by the statutory laws of this state to perform a duty, function or power with respect to a marijuana item, may purchase, possess, seize or dispose of the marijuana item as the state officer, board, commission, corporation, institution, department or other state body, or the local officer, board, commission, institution, department or other local government body, considers necessary to ensure compliance with and enforce the applicable statutory law or any rule adopted under the applicable statutory law. [Formerly 475B.521]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.485. Authority of Governor to suspend license, certificate or permit without notice. In case of invasion, disaster, insurrection or riot, or imminent danger of invasion, disaster, insurrection or riot, the Governor may, for the duration of the invasion, disaster, insurrection or riot, or imminent danger, immediately and without notice suspend, in the area involved, any license, certificate or permit issued under ORS 475C.005 to 475C.525 or 475C.548. [Formerly 475B.523; 2023 c.519 22] Note: Sections 1, 2 and 3, chapter 464, Oregon Laws 2019, provide: Sec. 1. Section 2 of this 2019 Act is added to and made a part of ORS 475B.010 to 475B.545 [renumbered 475C.005 to 475C.525]. [2019 c.464 1] Sec. 2. (1) The Governor may enter into an agreement with another state for the purposes of: (a) Cross-jurisdictional coordination and enforcement of marijuana-related businesses authorized to conduct business in either this state or the other state; and (b) Cross-jurisdictional delivery of marijuana items between this state and the other state. (2) An agreement entered into under this section: (a) Must ensure enforceable public health and safety standards, and include a system to regulate and track the interstate delivery of marijuana items; (b) Must ensure that any marijuana items delivered into this state, prior to sale to a consumer, are: (A) Tested in accordance with ORS 475B.550 to 475B.590 [renumbered 475C.540 to 475C.586] and any rules adopted pursuant to ORS 475B.550 to 475B.590 [renumbered 475C.540 to 475C.586]; and (B) Packaged and labeled in accordance with ORS 475B.600 to 475B.655 [renumbered
ORS Chapter 475c — Cannabis Regulation

ORS 475c.489. Marijuana as crop; exceptions to permitted uses. (1) Marijuana is: (a) A crop for the purposes of farm use as defined in ORS 215.203; (b) A crop for purposes of a farm and farming practice, both as defined in ORS 30.930; (c) A product of farm use as described in ORS 308A.062; and (d) The product of an agricultural activity for purposes of ORS 568.909. (2) Notwithstanding ORS chapters 195, 196, 197, 197A, 215 and 227, the following are not permitted uses on land designated for exclusive farm use: (a) A new dwelling used in conjunction with a marijuana crop; (b) A farm stand, as described in ORS 215.213 (1)(r) or 215.283 (1)(o), used in conjunction with a marijuana crop; and (c) A commercial activity, as described in ORS 215.213 (2)(c) or 215.283 (2)(a), carried on in conjunction with a marijuana crop. (3) A county may allow the production of marijuana as a farm use on land zoned for farm or forest use in the same manner as the production of marijuana is allowed in exclusive farm use zones under this section and ORS 215.213, 215.283 and
ORS Chapter 475c — Cannabis Regulation

ORS 475c.493. Regulation of marijuana items as food or other commodity subject to regulation by State Department of Agriculture. (1) Notwithstanding the authority granted to the State Department of Agriculture under ORS chapters 571, 618 and 633 and ORS 632.275 to 632.290, 632.450 to 632.490, 632.516 to 632.625, 632.705 to 632.815, 632.835 to 632.849 and 632.900 to 632.985, the department may not exercise authority over marijuana items or a licensee, except that ORS 618.121 to 618.161, 618.991, 618.995, 633.311 to 633.479, 633.992 and 633.994 apply to marijuana items or to a licensee. (2) In exercising its authority under ORS chapter 616, the department may not: (a) Establish standards for marijuana as a food additive, as defined in ORS 616.205; (b) Consider marijuana to be an adulterant, unless the concentration of a cannabinoid in a cannabinoid product, cannabinoid concentrate or cannabinoid extract exceeds acceptable levels established by the Oregon Health Authority by rule; or (c) Apply ORS 616.256, 616.265, 616.270 or 616.275 to cannabinoid edibles or enforce ORS 616.256, 616.265, 616.270 or 616.275 with respect to cannabinoid edibles. (3) Subsection (2)(b) of this section does not prohibit the department from considering artificially derived cannabinoids to be adulterants. [Formerly 475B.529]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.497. Exceptions from applicability of ORS 475C.005 to 475C.525. Except for ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.501. Violation of laws of this state as nuisance. Any room, house, building, boat, structure or place of any kind where marijuana items are sold, manufactured, bartered or given away in violation of the laws of this state, or where persons are permitted to resort for the purpose of using marijuana items in violation of the laws of this state, or any place where marijuana items are kept for sale, barter or gift in violation of the laws of this state, and all marijuana items or property subject to confiscation under ORS 475C.417 kept and used in such a place, are a common nuisance. A person who maintains or assists in maintaining the common nuisance or knowingly suffers or permits the nuisance to exist in any place of which the person is the owner, manager or lessor, is guilty of a violation of ORS 475C.005 to 475C.525. [Formerly 475B.533]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.505. Enforceability of contracts. A contract is not unenforceable on the basis that manufacturing, distributing, dispensing, possessing or using marijuana is prohibited by federal law. [Formerly 475B.535]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.509. Oregon Liquor and Cannabis Commission hotline for verification of license. The Oregon Liquor and Cannabis Commission shall maintain a telephone hotline for the following persons to inquire if an address is the location of a premises for which a license has been issued under ORS 475C.005 to 475C.525 or 475C.548 or is the location of a premises for which an application for licensure has been submitted under ORS 475C.033 or 475C.548: (1) A person designated by a city or a county; (2) A person designated by the Water Resources Department; and (3) A person designated by the watermaster of any water district.
ORS Chapter 475c — Cannabis Regulation

ORS 475c.513. Transport of marijuana items to trade show; rules. (1) Notwithstanding ORS 475C.205 or any other provision prohibiting the transportation of marijuana items to or from a location for which a license has not been issued under ORS 475C.005 to 475C.525 or prohibiting the possession of marijuana items at a location for which a license has not been issued under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.517. Certain information related to licensure exempt from disclosure. (1) Subject to subsection (2) of this section, information is exempt from public disclosure under ORS 192.311 to 192.478 if the information is: (a) The address of a premises for which a license has been issued or for which an applicant has proposed licensure under ORS 475C.065, 475C.085, 475C.093 or
ORS Chapter 475c — Cannabis Regulation

ORS 475c.521. (3) The department shall provide rebates under this section for: (a) Usable marijuana sold by a marijuana retailer that holds a license issued under ORS 475C.097 that is produced by a marijuana producer that is located on tribal trust land and licensed by the governing body of a federally recognized Indian tribe that has entered into an agreement with the Governor, or the Governors designee, pursuant to ORS 475C.521, provided that the licensing of the marijuana producer comports with the agreement; and (b) Cannabinoid concentrates, cannabinoid extracts or cannabinoid products sold by a marijuana retailer that holds a license issued under ORS 475C.097 that are processed by a marijuana processor that is located on tribal trust land and licensed by the governing body of a federally recognized Indian tribe that has entered into an agreement with the Governor, or the Governors designee, pursuant to ORS 475C.521, provided that the licensing of the marijuana processor comports with the agreement. (4) Payments made by the department to a federally recognized Indian tribe should represent the departments estimate of the amount of revenue generated under ORS 475C.674 attributable to marijuana items: (a) Produced by a marijuana producer that is located on tribal trust land and licensed by the governing body of a federally recognized Indian tribe that has entered into an agreement with the Governor, or the Governors designee, pursuant to ORS 475C.521, provided that the licensing of the marijuana producer comports with the agreement; or (b) Processed by a marijuana processor that is located on tribal trust land and licensed by the governing body of a federally recognized Indian tribe that has entered into an agreement with the Governor, or the Governors designee, pursuant to ORS 475C.521, provided that the licensing of the marijuana processor comports with the agreement. (5) There is continuously appropriated from the suspense account established under ORS 475C.734 the amounts necessary to make rebates pursuant to an agreement entered into under this section. [Formerly 475B.752]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.523. Cannabis reference laboratory; requirements; use of laboratory by State Department of Agriculture, Oregon Health Authority, Oregon Liquor and Cannabis Commission, law enforcement agencies; fees; rules. (1) The State Department of Agriculture, in consultation with the Oregon Health Authority and the Oregon Liquor and Cannabis Commission, shall establish a cannabis reference laboratory to provide regulatory and technical support in the enforcement of ORS 475C.005 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.529. Duty to report to Legislative Assembly. (1) As used in this section, marijuana and marijuana item have the meanings given those terms in ORS 475C.009. (2) On or before February 1 of each odd-numbered year, the Oregon Liquor and Cannabis Commission shall report to the Legislative Assembly in the manner required by ORS 192.245, the approximate amount of marijuana produced by marijuana producers that hold a license issued under ORS 475C.065 and the approximate amount of marijuana items sold by marijuana retailers that hold a license issued under ORS 475C.097, and whether the supply of marijuana in this state is commensurate with the demand for marijuana items in this state. [Formerly 475B.548] (Illegal Marijuana Market Enforcement Grant Program)