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

ORS 475c.853. Oregon Health Authority telephone hotline. (1) The Oregon Health Authority shall maintain a telephone hotline for the following persons to inquire if an address is the location of a marijuana grow site, marijuana processing site or medical marijuana dispensary or is the proposed location of a marijuana grow site, marijuana processing site or medical marijuana dispensary: (a) A person designated by a city or a county; (b) A person designated by the Water Resources Department; (c) A person designated by the watermaster of any water district; and (d) A person designated by the State Department of Agriculture. (2) The authority may disclose the address of a marijuana grow site for purposes of this section notwithstanding ORS 475C.859. [Formerly 475B.876] (Databases and Confidentiality of Information)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.856. Database of information related to production, processing and dispensing. (1) The Oregon Health Authority shall develop and maintain a database of information related to the production of marijuana by persons designated to produce marijuana by a registry identification cardholder, the processing of marijuana by a marijuana processing site under ORS 475C.815 and the transfer of usable marijuana, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts by medical marijuana dispensaries under ORS 475C.833. At a minimum, the database must include the information submitted to the authority under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.859. Database of information related to cardholders. (1)(a) The Oregon Health Authority shall establish and maintain a list of: (A) The names of persons to whom a registry identification card has been issued under ORS 475C.783; (B) The names of persons designated as primary caregivers under ORS 475C.789; and (C) The addresses of marijuana grow sites registered under ORS 475C.792. (b) Except as provided in subsection (2) of this section, the list is confidential and not subject to public disclosure under ORS 192.311 to 192.478. (c) The authority shall develop a system by which authorized employees of state and local law enforcement agencies may verify that: (A) A person lawfully possesses a registry identification card; (B) A person is the designated primary caregiver of a lawful possessor of a registry identification card; or (C) A location is a registered marijuana grow site. (2) Names, addresses and other identifying information from the list established and maintained pursuant to subsection (1) of this section may be released to: (a) Authorized employees of the authority as necessary to perform official duties of the authority. (b) Authorized employees of state or local law enforcement agencies who provide to the authority adequate identification, but only as necessary to verify that: (A) A person lawfully possesses a registry identification card; (B) A person is the designated primary caregiver of a lawful possessor of a registry identification card; or (C) A location is a registered marijuana grow site. (3) Authorized employees of state or local law enforcement agencies who obtain identifying information as authorized by this section may not release or use the information for any purpose other than to verify that: (a) A person lawfully possesses a registry identification card; (b) A person is the designated primary caregiver of a lawful possessor of a registry identification card; or (c) A location is a registered marijuana grow site. (4) In addition to releasing information to authorized employees of state or local law enforcement agencies for purposes of verifying information under subsection (2)(b) of this section, the authority may release to authorized employees of state or local law enforcement agencies the minimum amount of information necessary to enable an employee to determine whether an individual or location is in compliance with a provision of ORS 475C.770 to 475C.919 or a rule adopted under ORS 475C.770 to 475C.919. (5) If the authority determines, after conducting an investigation or receiving a complaint of an alleged violation of a provision of ORS 475C.770 to 475C.919 or a rule adopted under ORS 475C.770 to 475C.919, that a violation of a provision of ORS 475C.770 to 475C.919 or a rule adopted under ORS 475C.770 to 475C.919 has occurred, the authority may provide information obtained by the authority, except for information related to a registry identification cardholders debilitating condition, to authorized employees of state or local law enforcement agencies, or to another state or local government agency with jurisdiction over the matter. [Formerly 475B.882]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.862. Confidentiality of personally identifiable information. (1) Any personally identifiable information, as defined in ORS 432.005, other than a name of an individual or an address submitted with an application under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.865. Disclosure of personally identifiable information upon revocation or suspension of registration. Notwithstanding ORS 475C.862, if the Oregon Health Authority suspends or revokes the registration of the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site or a medical marijuana dispensary, or otherwise takes disciplinary action against the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site or a medical marijuana dispensary, the authority shall provide that information to a law enforcement agency. [Formerly 475B.888]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.868. Oregon Health Authority electronic system; requirements; confidentiality. (1) Except as provided in subsection (5) of this section, the Oregon Health Authority shall establish, maintain and operate an electronic system for the keeping of information received by the authority under ORS 475C.783 and 475C.792 or information included on a registry identification card issued under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.871. Use of Oregon Liquor and Cannabis Commission tracking system; distribution from Oregon Marijuana Account; exemptions; fees; rules. (1) The Oregon Health Authority shall enter into an agreement with the Oregon Liquor and Cannabis Commission under which the commission shall use the system developed and maintained under ORS 475C.177 to track: (a) The propagation of immature marijuana plants and the production of marijuana by marijuana grow sites; (b) The processing of marijuana into medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts that are transferred to a medical marijuana dispensary; (c) The transfer of usable marijuana, immature marijuana plants, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts by a marijuana grow site or a medical marijuana dispensary to a registry identification cardholder or the designated primary caregiver of a registry identification cardholder; and (d) The transfer of usable marijuana, immature marijuana plants, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts between marijuana grow sites, marijuana processing sites and medical marijuana dispensaries. (2) Marijuana grow sites, marijuana processing sites and medical marijuana dispensaries are subject to tracking under this section. (3) On and after the date on which a marijuana grow site becomes subject to tracking under this section, the person is exempt from the requirements of ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.874. Authority to designate responsibility for site or dispensary to another person. (1) A person responsible for a marijuana processing site, or a person responsible for a medical marijuana dispensary, may designate that responsibility to another person. (2) If a designation is made under this section, the designee must submit to the Oregon Health Authority proof that the designee meets the requirements and restrictions set forth in: (a) For marijuana processing sites, ORS 475C.815 (2)(d) and (4); or (b) For medical marijuana dispensaries, ORS 475C.833 (2)(d) and (4). (3) The authority may prescribe the form and manner of submitting proof under subsection (2) of this section. [Formerly 475B.898]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.877. Authority to assign responsibility for site or dispensary to another person. (1) A person responsible for a marijuana processing site, or a person responsible for a medical marijuana dispensary, may assign that responsibility to another person. (2) If an assignment is made under this section, the assignee must submit to the Oregon Health Authority proof that the assignee meets the requirements and restrictions set forth in: (a) For marijuana processing sites, ORS 475C.815 (2)(d) and (4); or (b) For medical marijuana dispensaries, ORS 475C.833 (2)(d) and (4). (3) The authority may prescribe the form and manner of submitting proof under subsection (2) of this section. [Formerly 475B.901]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.880. Rights of secured parties. (1) In the event that a marijuana processing site or a medical marijuana dispensary is foreclosed or otherwise ceases operations as described in ORS chapter 79, a secured party, as defined in ORS 79.0102, may continue operations at the marijuana processing site or medical marijuana dispensary upon submitting to the Oregon Health Authority proof that the secured party or, if the secured party is a business entity, any individual who has a financial interest in the secured party, meets the requirements and restrictions set forth in: (a) For marijuana processing sites, ORS 475C.815 (2)(d) and (4); or (b) For medical marijuana dispensaries, ORS 475C.833 (2)(d) and (4). (2) The authority may prescribe the form and manner of submitting proof under subsection (1) of this section. [Formerly 475B.904] (Protections From Civil and Criminal Liability)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.883. Exemptions from criminal liability. Except as provided in ORS 475C.886, a person engaged in or assisting in the medical use of marijuana is 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 if: (1) The person holds a registry identification card. (2) The person has applied for a registry identification card under ORS 475C.783 and the person has proof of written documentation described in ORS 475C.783 (2)(a) and proof of the date on which the person submitted the application to the Oregon Health Authority. An exemption under this subsection applies only until the authority approves or denies the application. (3) The person is designated as a primary caregiver under ORS 475C.789. (4) The person is responsible for or is employed by a marijuana grow site registered under ORS 475C.792. (5) The person owns, is responsible for, or is employed by, a marijuana processing site. (6) The person owns, is responsible for, or is employed by, a medical marijuana dispensary. [Formerly 475B.907]
ORS 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. [Formerly 475B.910]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.889. Affirmative defense. (1) Except as provided in ORS 475C.886, a person has an affirmative defense to a criminal charge of possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element, if the person charged with the offense: (a) Was diagnosed with a debilitating medical condition within 12 months of the date on which the person was arrested and was advised by the persons attending provider that the medical use of marijuana may mitigate the symptoms or effects of that debilitating medical condition; (b) Is engaged in the medical use of marijuana; and (c) Possesses, delivers or manufactures marijuana only in quantities permitted under ORS 475C.806. (2) A person does not need to lawfully possess a registry identification card to assert the affirmative defense established in this section. (3) A person engaged in the medical use of marijuana who claims that marijuana provides medically necessary benefits and who is charged with a crime pertaining to the use of marijuana is not precluded from presenting a defense of choice of evils, as set forth in ORS 161.200, or from presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition, provided that: (a) The person possesses, delivers or manufactures marijuana only as permitted under ORS 475C.806 (1); and (b) The person has taken a substantial step toward complying with the provisions of ORS 475C.770 to 475C.919. (4) A defendant proposing to use the affirmative defense established in this section in a criminal action shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the intention to assert the affirmative defense. The notice must specifically state the reasons why the defendant is entitled to assert the affirmative defense and the factual basis for the affirmative defense. If the defendant fails to file and serve the notice, the defendant is not permitted to assert the affirmative defense at the trial of the cause unless the court orders, for good cause, otherwise. [Formerly 475B.913]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.891. Prohibition against taking disciplinary action against attending provider. The Oregon Board of Naturopathic Medicine, Oregon Medical Board and Oregon State Board of Nursing may not impose a civil penalty or take other disciplinary action against an attending provider for: (1) Advising a person diagnosed as having a debilitating medical condition by the attending provider or another physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, clinical nurse specialist licensed under ORS 678.370 and 678.372, certified registered nurse anesthetist as defined in ORS 678.010 or naturopathic physician licensed under ORS chapter 685 about the risks and benefits associated with the medical use of marijuana or that the medical use of marijuana may mitigate the symptoms or effects of the persons debilitating medical condition, provided that the advice is based on the attending providers personal assessment of the persons medical history and current medical condition; or (2) Providing the written documentation necessary for issuance or renewal of a registry identification card under ORS 475C.783, provided that the written documentation is based on the attending providers personal assessment of the persons medical history and current medical condition and the attending provider has discussed with the person the potential risks and benefits associated with the medical use of marijuana.
ORS Chapter 475c — Cannabis Regulation

ORS 475c.892. Prohibition against taking disciplinary action against professional licensee; right to administer marijuana for medical purposes. (1) A professional licensing board may not impose a civil penalty or take other disciplinary action against a licensee based on the licensees medical use of marijuana under the provisions of ORS 475C.770 to 475C.919 or actions taken by the licensee pursuant to the licensees designation as a primary caregiver under ORS 475C.789. (2)(a) A licensed health care professional may administer medical marijuana to a person who possesses a registry identification card and resides in a licensed health care facility if the administration of pharmaceuticals is within the scope of practice of the licensed health care professional. Administration of medical marijuana under this subsection may not take place in a public place as defined in ORS 161.015 or in the presence of a person under 18 years of age. If the medical marijuana administered under this subsection is smoked, adequate ventilation must be provided. (b) Nothing in this subsection requires: (A) A licensed health care professional to administer medical marijuana; or (B) A licensed health care facility to make accommodations for the administration of medical marijuana. [Formerly 475B.919] (Civil Enforcement of ORS 475C.770 to 475C.919)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.894. Authority to investigate; rights related to seized property. (1) Registration under ORS 475C.770 to 475C.919 or possession of proof of registration under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.895. Civil penalty for violating ORS 475C.770 to 475C.919. (1) In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of ORS 475C.770 to 475C.919, or for each violation of a rule adopted under a provision of ORS 475C.770 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.897. Local time, place and manner regulations. (1) For purposes of this section, reasonable regulations includes: (a) Reasonable limitations on the hours during which the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site or a medical marijuana dispensary may operate; (b) Reasonable conditions on the manner in which the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site or a medical marijuana dispensary may transfer usable marijuana, medical cannabinoid products, cannabinoid concentrates, cannabinoid extracts, immature marijuana plants and seeds; (c) Reasonable requirements related to the publics access to the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site or a medical marijuana dispensary; and (d) Reasonable limitations on where the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site or a medical marijuana dispensary 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 marijuana grow sites of persons designated to produce marijuana by registry identification cardholders, marijuana processing sites and medical marijuana dispensaries that are located in the area subject to the jurisdiction of the city or county. [Formerly 475B.928] (Miscellaneous)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.898. Duty of State Department of Agriculture and Oregon Liquor and Cannabis Commission to assist. Upon request the State Department of Agriculture and the Oregon Liquor and Cannabis Commission, pursuant to an agreement or otherwise, shall assist the Oregon Health Authority in implementing and enforcing the provisions of ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.900. Immunity for state agencies, officers, employees and agents in performance of duties. The Oregon Health Authority, the State Department of Agriculture and the Oregon Liquor and Cannabis Commission, and the officers, employees and agents of the authority, department and commission, are immune from any cause of action for the performance of, or the failure to perform, duties required by ORS 475C.770 to 475C.919. [Formerly 475B.934]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.903. Authority to possess, seize or dispose of marijuana and marijuana-derived products. Subject to any applicable provision of ORS chapter 183, the Oregon Health Authority, the State Department of Agriculture and the Oregon Liquor and Cannabis Commission may possess, seize or dispose of marijuana, usable marijuana, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts as is necessary for the authority to ensure compliance with and enforce the provisions of ORS 475C.770 to 475C.919 and any rule adopted under ORS 475C.770 to 475C.919. [Formerly 475B.937]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.907. Cannabis seeds as propagant of nursery stock. (1) For purposes of ORS 475C.770 to 475C.919, seeds of the plant Cannabis family Cannabaceae are a propagant of nursery stock as defined in ORS 571.005. (2) Notwithstanding subsection (1) of this section, the production and processing of seeds under ORS 475C.770 to 475C.919 is not subject to the labeling or other requirements of ORS 576.715 to 576.744 or 633.511 to 633.750. [Formerly 475B.940]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.910. Applicability of ORS 475C.770 to 475C.919 to criminal causes of action. The provisions of ORS 475C.770 to 475C.919 do not protect a person from a criminal cause of action based on possession, delivery or manufacture of marijuana that is not described in ORS 475C.770 to 475C.919. [Formerly 475B.943]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.913. Petitioning for disease or condition to be included as debilitating medical condition; rules. Any person may petition the Oregon Health Authority to request that a disease or condition be included among the diseases and conditions that qualify as debilitating medical conditions under ORS 475C.770 to 475C.919. The authority shall adopt rules establishing the procedure for filing a petition under this section and the manner by which the authority evaluates a request made under this section. Rules adopted under this section must require the authority to approve or deny a petition within 180 days of receiving the petition. Denial of a petition is a final agency action subject to judicial review. [Formerly 475B.946]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.916. Authority of nurse to discuss medical use of marijuana. A nurse licensed under ORS 678.040 to 678.101 may discuss the medical use of marijuana with a person with whom the nurse has a patient-provider relationship. [2021 c.130 2] (Rulemaking)