justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.714. interrogated, the department may apply to the Oregon Tax Court or to the circuit court of the county in which the person resides or where the person is for an order to the person to attend and testify, or otherwise to comply with the demand or request of the department. The department shall apply to the court by ex parte motion, upon which the court shall make an order requiring the person against whom the motion is directed to comply with the request or demand of the department within 10 days after the service of the order, or within the additional time granted by the court, or to justify the failure within that time. The order shall be served upon the person to whom it is directed in the manner required by this state for service of process, which service is required to confer jurisdiction upon the court. Failure to obey any order issued by the court under this section is contempt of court. The remedy provided by this section is in addition to other remedies, civil or criminal, existing under the tax laws or other laws of this state.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.718. Adoption of ordinances; referral to electors for approval. (1) The governing body of a city or county may adopt ordinances to be referred to the electors of the city or county as described in subsection (2) of this section that prohibit or allow 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) Psilocybin product manufacturers that hold a license issued under ORS 475A.290; (b) Psilocybin service center operators that hold a license issued under ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.722. (a) To examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end-of-life psychological distress. (b) After the two-year program development period: (A) To regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services in this state in accordance with the provisions of ORS 475A.210 to 475A.722; (B) To issue, renew, suspend, revoke or refuse to issue or renew licenses for the manufacturing or sale of psilocybin products, the provision of psilocybin services, or other licenses related to the consumption of psilocybin products, and to permit, in the authoritys discretion, the transfer of a license between persons; and (C) To regulate the use of psilocybin products and psilocybin services for other purposes as deemed necessary or appropriate by the authority. (c) To adopt, amend or repeal rules as necessary to carry out the intent and provisions of ORS 475A.210 to 475A.722, including rules that the authority considers necessary to protect the public health and safety. (d) To exercise all powers incidental, convenient or necessary to enable the authority to administer or carry out the provisions of ORS 475A.210 to 475A.722 or any other law of this state that charges the authority with a duty, function or power related to psilocybin products and psilocybin services. Powers described in this paragraph include, but are not limited to: (A) Issuing subpoenas; (B) Compelling the attendance of witnesses; (C) Administering oaths; (D) Certifying official acts; (E) Taking depositions as provided by law; (F) Compelling the production of books, payrolls, accounts, papers, records, documents and testimony; and (G) Establishing fees in addition to the application, licensing and renewal fees described in ORS 475A.290, 475A.305, 475A.325 and 475A.594, provided that any fee established by the authority is reasonably calculated not to exceed the cost of the activity for which the fee is charged. (e) To adopt rules prohibiting advertising psilocybin products to the public. (f) To adopt rules regulating and prohibiting advertising psilocybin services in a manner: (A) That is appealing to minors; (B) That promotes excessive use; (C) That promotes illegal activity; (D) That violates the code of professional conduct for psilocybin service facilitators formulated by the authority; or (E) That otherwise presents a significant risk to public health and safety. (3) The authority may not require that a psilocybin product be manufactured by means of chemical synthesis. (4) The authority may not require a client to be diagnosed with or have any particular medical condition as a condition to being provided psilocybin services. (5) Fees collected pursuant to subsection (2)(d)(G) of this section shall be deposited in the Psilocybin Control and Regulation Fund established under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.001. Purposes of ORS 475C.005 to 475C.525. (1) The People of the State of Oregon declare that the purposes of ORS 475C.005 to 475C.525 are: (a) To eliminate the problems caused by the prohibition and uncontrolled manufacture, delivery and possession of marijuana within this state; (b) To protect the safety, welfare, health and peace of the people of this state by prioritizing this states limited law enforcement resources in the most effective, consistent and rational way; (c) To permit persons licensed, controlled and regulated by this state to legally manufacture and sell marijuana to persons 21 years of age and older, subject to the provisions of ORS 475C.005 to 475C.525; and (d) To establish a comprehensive regulatory framework concerning marijuana under existing state law. (2) The People of the State of Oregon intend that the provisions of ORS 475C.005 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.005. (A) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms; (B) All areas outside a building that the commission has specifically licensed for the processing, wholesale sale or retail sale of marijuana items; and (C) For a location that the commission has specifically licensed for the production of marijuana outside a building, that portion of the location used to produce marijuana. (b) Premises does not include a primary residence. (37)(a) Processes means the processing, compounding or conversion of: (A) Marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts; or (B) Pursuant to ORS 571.336, industrial hemp or industrial hemp commodities or products into industrial hemp commodities or products that contain cannabinoids and are intended for human consumption or use. (b) Processes does not include packaging or labeling. (38)(a) Produces means the manufacture, planting, cultivation, growing or harvesting of marijuana. (b) Produces does not include: (A) The drying of marijuana by a marijuana processor, if the marijuana processor is not otherwise producing marijuana; or (B) The cultivation and growing of an immature marijuana plant by a marijuana processor, marijuana wholesaler or marijuana retailer if the marijuana processor, marijuana wholesaler or marijuana retailer purchased or otherwise received the plant from a licensed marijuana producer. (39) Propagate means to grow immature marijuana plants or to breed or produce marijuana seeds. (40) Public place means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and areas used in connection with public passenger transportation. (41) Registry identification cardholder has the meaning given that term in ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.009. (3) Cannabinoid means any of the chemical compounds that are the active constituents of marijuana. (4) Cannabinoid concentrate or extract means a substance obtained by separating cannabinoids from marijuana by a mechanical, chemical or other process. (5) Cannabinoid edible means food or potable liquid into which a cannabinoid concentrate or extract or the dried leaves or flowers of marijuana have been incorporated. (6)(a) Cannabinoid product means a cannabinoid edible or any other product intended for human consumption or use, including a product intended to be applied to a persons skin or hair, that contains cannabinoids or the dried leaves or flowers of marijuana. (b) Cannabinoid product does not include: (A) Usable marijuana by itself; (B) A cannabinoid concentrate or extract by itself; or (C) Industrial hemp. (7) Industrial hemp has the meaning given that term in ORS 571.269. (8) Industrial hemp-derived vapor item means an industrial hemp concentrate or industrial hemp extract, as those terms are defined in ORS 571.269, whether alone or combined with other substances, that is intended for use in an inhalant delivery system. (9) Inhalant delivery system has the meaning given that term in ORS 431A.175. (10)(a) Marijuana means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. (b) Marijuana does not include: (A) Industrial hemp; or (B) Prescription drugs, as that term is defined in ORS 689.005, including those containing one or more cannabinoids, that are approved by the United States Food and Drug Administration and dispensed by a pharmacy, as defined in ORS 689.005. (11) Marijuana item means marijuana, usable marijuana, a cannabinoid product or a cannabinoid concentrate or extract. (12) Processing means: (a) The compounding or conversion of marijuana into cannabinoid products or cannabinoid concentrates or extracts. (b) The compounding or conversion of industrial hemp into industrial hemp concentrates or industrial hemp extracts. (13) Producing means: (a) Planting, cultivating, growing, trimming or harvesting marijuana; or (b) Drying marijuana leaves and flowers. (14) Total delta-9-THC has the meaning given that term in ORS 475C.009. (15)(a) Usable marijuana means the dried leaves and flowers of marijuana. (b) Usable marijuana does not include: (A) The seeds, stalks and roots of marijuana; or (B) Waste material that is a by-product of producing or processing marijuana. [Formerly 475B.600]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.013. Construction of ORS 475C.005 to 475C.525. ORS 475C.005 to 475C.525 may not be construed: (1) To amend or affect state or federal law pertaining to employment matters; (2) To amend or affect state or federal law pertaining to landlord-tenant matters; (3) To prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession or use of marijuana to the extent necessary to satisfy federal requirements for the grant; (4) To prohibit a party to a federal contract or a person applying to be a party to a federal contract from prohibiting the manufacture, delivery, possession or use of marijuana to the extent necessary to comply with the terms and conditions of the contract or to satisfy federal requirements for the contract; (5) To require a person to violate a federal law; (6) To exempt a person from a federal law or obstruct the enforcement of a federal law; or (7) To amend or affect the Oregon Medical Marijuana Act. [Formerly 475B.020] (Powers and Duties of Oregon Liquor and Cannabis Commission)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.017. General powers and duties; rules. (1) The Oregon Liquor and Cannabis Commission has the duties, functions and powers specified in ORS 475C.005 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.021. Authority to purchase, possess, seize, transfer to licensee or dispose of marijuana items. Subject to any applicable provision of ORS chapter 183, the Oregon Liquor and Cannabis Commission may purchase, possess, seize, transfer to a licensee or dispose of marijuana items as is necessary for the commission to ensure compliance with and enforce the provisions of ORS 475C.005 to 475C.525 and
ORS Chapter 475c — Cannabis Regulation

ORS 475c.025. Powers related to decedents and insolvent or bankrupt persons; rules. The Oregon Liquor and Cannabis Commission may, by rule or order, provide for the manner and conditions under which: (1) Marijuana items left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed. (2) The business of a deceased, insolvent or bankrupt licensee may be operated for a reasonable period following the death, insolvency or bankruptcy. (3) A secured party, as defined in ORS 79.0102, may continue to operate at a premises for which a license has been issued under ORS 475C.005 to 475C.525 or
ORS Chapter 475c — Cannabis Regulation

ORS 475c.029. Authority to limit quantity of marijuana items transferred to individual. The Oregon Liquor and Cannabis Commission may limit the quantity of marijuana items transferred to a consumer or other individual if the commission determines that the limitation is necessary to prevent the resale of marijuana items. [Formerly 475B.035] (Application Process and Licenses)
ORS Chapter 475c — Cannabis Regulation

ORS 475c.033. Application process for all licensees; rules. (1) An applicant for a license or renewal of a license issued under ORS 475C.005 to 475C.525 shall apply to the Oregon Liquor and Cannabis Commission in the form required by the commission by rule, showing the name and address of the applicant, location of the premises that is to be operated under the license and other pertinent information required by the commission. The commission may not issue or renew a license until the applicant has complied with the provisions of ORS 475C.005 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.037. Grounds for refusing to issue license or issuing restricted license. (1) The Oregon Liquor and Cannabis Commission may not license an applicant under the provisions of ORS 475C.005 to 475C.525 or 475C.548 if the applicant is under 21 years of age. (2) The commission may refuse to issue a license or may issue a restricted license to an applicant under the provisions of ORS 475C.005 to 475C.525 or 475C.548 if the commission makes a finding that the applicant: (a) Is in the habit of using alcoholic beverages, habit-forming drugs, marijuana or controlled substances to excess. (b) Has made false statements to the commission. (c) Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed. (d) Has been convicted of violating a federal law, state law or local ordinance if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license. (e) Is not of good repute and moral character. (f) Does not have a good record of compliance with ORS 475C.005 to 475C.525 or
ORS Chapter 475c — Cannabis Regulation

ORS 475c.041. 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.033. 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 license; 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 license. [Formerly 475B.050]
ORS Chapter 475c — Cannabis Regulation

ORS 475c.045. Properties of license. A license issued under ORS 475C.005 to 475C.525 or
ORS Chapter 475c — Cannabis Regulation

ORS 475c.049. Duties of Oregon Liquor and Cannabis Commission with respect to issuing licenses. (1) The Oregon Liquor and Cannabis Commission shall approve or deny an application to be licensed under ORS 475C.005 to 475C.525. Except as provided in subsection (2) of this section, upon receiving an application under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.053. (4) This section applies to: (a) Marijuana producers that hold a license issued under ORS 475C.065; (b) Persons registered under ORS 475C.792 and designated to produce marijuana by one or more persons who hold valid registry identification cards issued under ORS 475C.783; and (c) For the purpose of producing marijuana or propagating immature marijuana plants, researchers of cannabis that hold a certificate issued under ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.057. Lawful production, delivery and possession of marijuana items. Licensees and licensee representatives may produce, deliver and possess marijuana items subject to the provisions of ORS 475C.005 to 475C.525 and rules adopted under ORS 475C.005 to 475C.525. The production, delivery or possession of marijuana items by a licensee or a licensee representative in compliance with ORS
ORS Chapter 475c — Cannabis Regulation

ORS 475c.061. Authority for licensee other than laboratory licensee to hold multiple licenses. (1) A person may hold: (a) Multiple licenses to conduct at different premises the same activity for which a license is required under ORS 475C.005 to 475C.525; and (b) Multiple types of licenses to conduct at the same or different premises different activities for which a license is required under ORS 475C.005 to
ORS Chapter 475c — Cannabis Regulation

ORS 475c.065. Production license; fees; rules. (1) The production of marijuana is subject to regulation by the Oregon Liquor and Cannabis Commission. (2) A marijuana producer must have a production license issued by the commission for the premises at which the marijuana is produced. To hold a production license issued under this section, a marijuana producer: (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; and (c) Must meet the requirements of any rule adopted by the commission under subsections (3) and (4) of this section. (3)(a) If the applicant is not the owner of the premises at which the marijuana is to be produced, the applicant shall submit to the commission signed informed consent from the owner of the premises to produce marijuana at the premises. (b) The commission may adopt rules regarding the informed consent described in this subsection. (4) The commission shall adopt rules that: (a) Require a marijuana producer to annually renew a license issued under this section; (b) Establish application, licensure and renewal of licensure fees for marijuana producers; (c) Require marijuana produced by marijuana producers to be tested in accordance with ORS 475C.544; (d) Assist the viability of marijuana producers that are independently owned and operated and that are limited in size and revenue with respect to other marijuana producers, by minimizing barriers to entry into the regulated system and by expanding, to the extent practicable, transportation options that will support their access to the retail market; (e) Allow a marijuana producer registered under ORS 475C.137 to produce marijuana for medical purposes in the same manner that rules adopted under ORS 475C.005 to 475C.525 allow a marijuana producer to produce marijuana for nonmedical purposes, excepting those circumstances where differentiating between the production of marijuana for medical purposes and the production of marijuana for nonmedical purposes is necessary to protect the public health and safety; (f) Require marijuana producers to submit, at the time of applying for or renewing a license under ORS 475C.033, a report describing the applicants or licensees electrical or water usage; (g) Require a marijuana producer to meet any public health and safety standards and industry best practices established by the commission by rule related to the production of marijuana or the propagation of immature marijuana plants and marijuana seeds; and (h) Support marijuana plant diversity by allowing a qualified marijuana producer to receive marijuana seeds from any source in this state, but not more than a total of 200 marijuana seeds per month from all sources combined. (5) Fees adopted under subsection (4)(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.069. Exemption from requirement to obtain land use compatibility statement. (1) The requirement under ORS 475C.053 to obtain a land use compatibility statement as a condition of receiving a license under ORS 475C.065 does not apply to an applicant if: (a) The applicant is applying for a license at an address where a marijuana grow site registered under ORS 475C.792 is located; (b) The address is outside of city limits; (c) At least one person responsible for a marijuana grow site located at the address first registered with the Oregon Health Authority under ORS 475C.792 before January 1, 2015, and is registered with the authority under ORS 475C.792 on the date on which the applicant submitted the application for a license under ORS 475C.065; (d) Each person responsible for a marijuana grow site located at the address first registered with the authority under ORS 475C.792 before February 1, 2016, and is registered with the authority under ORS 475C.792 on the date on which the applicant submitted the application for a license under ORS 475C.065; and (e) The applicant is applying for a mature marijuana plant grow canopy of: (A) 5,000 square feet or less, if the marijuana is produced outdoors; or (B) 1,250 square feet or less, if the marijuana is produced indoors. (2) For purposes of this section, an applicant for a license under ORS 475C.065 is not required to demonstrate that: (a) At least one person responsible for a marijuana grow site located at the address for which the applicant is applying for a license has been continuously registered with the authority under ORS 475C.792 between January 1, 2015, and the date on which the applicant applies for a license under ORS 475C.065; or (b) Each person responsible for a marijuana grow site located at the address for which the applicant is applying for a license has been continuously registered with the authority under ORS 475C.792 between February 1, 2016, and the date on which the applicant applies for a license under ORS 475C.065. [Formerly 475B.074]