reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.812 - Duty to carry card when at location other than address on file with Oregon Health Authority.

A person to whom a registry identification card has been issued under ORS 475C.783 (5)(a), an identification card has been issued under ORS 475C.783 (5)(b), or a marijuana grow site registration card has been issued under ORS 475C.792, may not possess marijuana, usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts in a location other than the address on file with the Oregon Health Authority unless the person is carrying the card. [Formerly 475B.837]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.818 - 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 Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475C.815. The powers conferred on the authority 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.843]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.821 - Duty to submit processing data to Oregon Health Authority; rules.

(1) The Oregon Health Authority shall require by rule a marijuana processing site to submit to the authority for inclusion in the database developed and maintained pursuant to ORS 475C.856 the following information:
(a) The amount of usable marijuana transferred to the marijuana processing site;
(b) The amount and type of medical cannabinoid products transferred by the marijuana processing site;
(c) The amount and type of cannabinoid concentrates transferred by the marijuana processing site; and
(d) The amount and type of cannabinoid extracts transferred by the marijuana processing site.
(2) The authority by rule may require a marijuana processing site to submit to the authority for inclusion in the database developed and maintained pursuant to ORS 475C.856 information that is in addition to the information described in subsection (1) of this section as the authority considers necessary to fulfill the authority’s duties under ORS 475C.815 (1). The authority may not employ any method other than that described in this section to obtain information from a marijuana processing site. [Formerly 475B.846]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.824 - Public health and safety standards for medical cannabinoid products, concentrates and extracts; rules.

(1) A marijuana processing site must meet any public health and safety standards established by the Oregon Health Authority by rule related to:
(a) Cannabinoid edibles, if the marijuana processing site processes marijuana into cannabinoid edibles;
(b) Cannabinoid concentrates, if the marijuana processing site processes marijuana into cannabinoid concentrates;
(c) Cannabinoid extracts, if the marijuana processing site processes marijuana into cannabinoid extracts; or
(d) Any other type of medical cannabinoid product identified by the authority by rule, if the marijuana processing site processes marijuana into that type of medical cannabinoid product.
(2) The authority shall adopt rules to implement this section. [Formerly 475B.849]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.827 - Prohibition against transferring medical cannabinoid products, concentrates and extracts to certain persons; exceptions.

(1)(a) Except as provided in paragraph (b) of this subsection, a marijuana processing site may not transfer medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts to a person other than another marijuana processing site or a medical marijuana dispensary.
(b) A marijuana processing site may transfer a medical cannabinoid product, cannabinoid concentrate or cannabinoid extract to a registry identification cardholder, or the designated primary caregiver of a registry identification cardholder, provided that the registry identification cardholder or designated primary caregiver provides the marijuana processing site with the marijuana to be processed into the medical cannabinoid product, cannabinoid concentrate or cannabinoid extract and the marijuana processing site receives no compensation for the transfer.
(c) A registry identification cardholder, or the designated primary caregiver of a registry identification cardholder, may reimburse a marijuana processing site for all costs associated with the processing of marijuana for the registry identification cardholder.
(2) A person other than a marijuana processing site may not transfer medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts to a medical marijuana dispensary. [Formerly 475B.852]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.830 - Exception to registration requirement.

ORS 475C.815 does not apply to a registry identification cardholder or a person who has been designated as a primary caregiver under ORS 475C.789 who processes a medical cannabinoid product or a cannabinoid concentrate for a registry identification cardholder. [Formerly 475B.855]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.837 - 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 Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475C.833. The powers conferred on the authority 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.861]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.840 - Medical marijuana dispensary located within 1,000 feet of prekindergarten, kindergarten or school.

Notwithstanding ORS 475C.833 (3)(d), a medical marijuana dispensary may be located within 1,000 feet of a building described in ORS 475C.833 (3)(d) if:
(1)(a) The medical marijuana dispensary is not located within 500 feet of:
(A) A building where a public prekindergarten or kindergarten program is provided by a school district or an education service district;
(B) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
(C) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and
(b) The Oregon Health Authority determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the medical marijuana dispensary; or
(2) The medical marijuana dispensary was established before August 1, 2017, in accordance with a city or county ordinance adopted under section 29, chapter 83, Oregon Laws 2016. [Formerly 475B.864; 2022 c.81 §26]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.843 - Duty to submit dispensing data to Oregon Health Authority; rules.

(1) The Oregon Health Authority shall require by rule a medical marijuana dispensary to submit to the authority for inclusion in the database developed and maintained pursuant to ORS 475C.856 the following information:
(a) The amount of usable marijuana transferred to and by the medical marijuana dispensary;
(b) The amount and type of medical cannabinoid products transferred to and by the medical marijuana dispensary;
(c) The amount and type of cannabinoid concentrates transferred to and by the medical marijuana dispensary;
(d) The amount and type of cannabinoid extracts transferred to and by the medical marijuana dispensary; and
(e) The quantity of immature marijuana plants transferred to and by the medical marijuana dispensary.
(2) The authority by rule may require a medical marijuana dispensary to submit to the authority for inclusion in the database developed and maintained pursuant to ORS 475C.856 information that is in addition to the information described in subsection (1) of this section as the authority considers necessary to fulfill the authority’s duties under ORS 475C.833 (1). The authority may not employ any method other than that described in this section to obtain information from a medical marijuana dispensary. [Formerly 475B.867]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.847 - Establishment of school or other building after registration.

If a building described in ORS 475C.833 (3)(d) that has not previously been attended by children is established within 1,000 feet of a medical marijuana dispensary, the medical marijuana dispensary may remain at its current location unless the Oregon Health Authority revokes the registration of the medical marijuana dispensary. [Formerly 475B.870; 2022 c.81 §27]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.850 - Receipt of marijuana by nonprofit dispensary; dispensation to certain cardholders; rules.

(1) In addition to the powers granted nonprofit corporations under ORS 65.077 and 65.081, a medical marijuana dispensary that is owned by a nonprofit corporation organized under ORS chapter 65 may receive by gift, devise or bequest:
(a) Usable marijuana, immature marijuana plants and seeds from registry identification cardholders, designated primary caregivers, persons responsible for marijuana grow sites, persons who hold a license under ORS 475C.065 and persons who hold a certificate under ORS 475C.289; and
(b) Medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts from persons responsible for marijuana processing sites, persons who hold a license under ORS 475C.085 and persons who hold a certificate under ORS 475C.289.
(2) If a registry identification cardholder’s annual income is at or below the federal poverty guidelines, a medical marijuana dispensary that is owned by a nonprofit corporation organized under ORS chapter 65 shall dispense usable marijuana, immature marijuana plants, seeds, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts to that registry identification cardholder or the designated primary caregiver of that registry identification cardholder free of charge or at a discounted price.
(3) The Oregon Health Authority shall adopt rules necessary to implement this section. [Formerly 475B.873]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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 475C.795, 475C.821 and 475C.843.
(2)(a) Subject to paragraph (c) of this subsection, the authority may provide information that is stored in the database developed and maintained under this section to a law enforcement agency.
(b) Subject to paragraph (c) of this subsection, the authority may provide information that is stored in the database developed and maintained under this section to the regulatory agencies of a city or county.
(c) The authority may not disclose:
(A) Any personally identifiable information related to a registry identification cardholder or a designated primary caregiver that is stored in the database developed and maintained under this section.
(B) Any information related to the amount and type of usable marijuana, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts transferred to or by persons designated to produce marijuana by a registry identification cardholder, marijuana processing sites or medical marijuana dispensaries.
(3) Nothing in this section prevents a law enforcement agency from lawfully obtaining information that is stored in the database developed and maintained under this section by subpoena. [Formerly 475B.879]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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 475C.815 or 475C.833, that the Oregon Health Authority collects and maintains for purposes of registering a marijuana grow site under ORS 475C.792, a marijuana processing site under ORS 475C.815, or a medical marijuana dispensary under ORS 475C.833, is confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that the authority may provide personally identifiable information to a person registered under ORS 475C.770 to 475C.919 if the registrant requests the information and the information is related to a designation made under ORS 475C.770 to 475C.919.
(2) Any personally identifiable information, as defined in ORS 432.005, submitted to the authority under ORS 475C.795, 475C.821 or 475C.843 or pursuant to ORS 475C.856 is confidential and not subject to public disclosure under ORS 192.311 to 192.478.
(3) Any record that the authority keeps or maintains for purposes related to the installation or maintenance of a security system by a medical marijuana dispensary pursuant to rules adopted under ORS 475C.833 (10) is confidential and not subject to public disclosure under ORS 192.311 to 192.478. [Formerly 475B.885]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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 475C.783 or on a marijuana grow site registration card issued under ORS 475C.792.
(2) The authority may contract with a state agency or private entity to ensure the effective establishment, maintenance or operation of the electronic system.
(3) Except as provided in subsection (4) of this section, information kept in the electronic system is confidential and not subject to public disclosure under ORS 192.311 to 192.478. Except as provided in subsection (4) of this section, the authority may not disclose the information for any reason.
(4) Except as provided in subsection (5) of this section, the authority shall establish the electronic system in a manner that allows the Oregon Liquor and Cannabis Commission and the Department of Revenue to remotely access the electronic system. Information disclosed to the commission and the department under this subsection remains confidential and not subject to public disclosure under ORS 192.311 to 192.478. The commission and the department may not disclose the information for any reason.
(5) The authority is not required to keep in the database, and the commission and the department may not access, the following types of information:
(a) Information related to the debilitating condition of a registry identification cardholder; or
(b) The contact information or address of a registry identification cardholder or a designated primary caregiver, unless the contact information or address are the same as the contact information or address of a marijuana grow site.
(6) The electronic system must be immediately accessible by the commission and the department at all times. [Formerly 475B.892]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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 person’s 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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 person’s debilitating medical condition, provided that the advice is based on the attending provider’s personal assessment of the person’s 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 provider’s personal assessment of the person’s 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. [Formerly 475B.916; 2023 c.346 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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 licensee’s medical use of marijuana under the provisions of ORS 475C.770 to 475C.919 or actions taken by the licensee pursuant to the licensee’s 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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 475C.770 to 475C.919 does not constitute probable cause to search the person or property of the registrant or otherwise subject the person or property of the registrant to inspection by a government agency. However, the Oregon Health Authority may inspect the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site registered under ORS 475C.815, or a medical marijuana dispensary registered under ORS 475C.833, at any reasonable time to determine whether the person responsible for the marijuana grow site, the person responsible for the marijuana processing site, or the person responsible for the medical marijuana dispensary, is in compliance with ORS 475C.770 to 475C.919 and rules adopted under ORS 475C.770 to 475C.919.
(2) Any property interest possessed, owned or used in connection with the medical use of marijuana or acts incidental to the medical use of marijuana that has been seized by state or local law enforcement officers may not be harmed, neglected, injured or destroyed while in the possession of a law enforcement agency, except that a law enforcement agency has no responsibility to maintain live marijuana plants lawfully seized. Such property interest may not be forfeited under any provision of law providing for the forfeiture of property, except pursuant to a sentence imposed after conviction of a criminal offense. Marijuana and equipment or paraphernalia used to produce, process or administer marijuana that was seized by a law enforcement officer shall be returned immediately if the district attorney in whose county the property was seized, or the district attorney’s designee, determines that the person from whom the marijuana, equipment or paraphernalia was seized is entitled to the protections provided by ORS 475C.770 to 475C.919. The determination may be evidenced by a decision not to prosecute, the dismissal of charges or acquittal. [Formerly 475B.922]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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 475C.919, a civil penalty that does not exceed $500 for each day that the violation occurs.
(2) The authority shall impose civil penalties under this section in the manner provided by ORS 183.745.
(3) All moneys collected pursuant to this section shall be deposited in the Oregon Health Authority Fund established under ORS 413.101 and are continuously appropriated to the authority for the purpose of carrying out the duties, functions and powers of the authority under ORS 475C.770 to 475C.919. [Formerly 475B.925]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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 public’s 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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 475C.770 to 475C.919 and rules adopted under the provisions of ORS 475C.770 to 475C.919. [Formerly 475B.931]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.919 - Authority to adopt rules for ORS 475C.770 to 475C.919.

(1) The Oregon Health Authority shall adopt rules necessary for the implementation, administration and enforcement of ORS 475C.770 to 475C.919.
(2) The authority may adopt rules as the authority considers necessary to protect the public health and safety. [Formerly 475B.949]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.930 - Oregon Cannabis Commission.

(1) The Oregon Cannabis Commission is established within the Oregon Health Authority. The commission consists of:
(a) The Public Health Officer or the Public Health Officer’s designee; and
(b) Eight members appointed by the Governor as follows:
(A) A registry identification cardholder, as defined in ORS 475C.777;
(B) A person designated to produce marijuana by a registry identification cardholder, as defined in ORS 475C.777;
(C) An attending provider, as defined in ORS 475C.777;
(D) A person representing the Oregon Health Authority;
(E) A person representing the Oregon Liquor and Cannabis Commission;
(F) A local health officer, as described in ORS 431.418;
(G) A law enforcement officer; and
(H) A person knowledgeable about research proposal grant protocols.
(2) The term of office of each member of the commission is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 of the following year. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(3) The appointment of each member of the commission is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(4) Members of the commission are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. [Formerly 475B.952]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.933 - Commission leadership; quorum.

(1) The Oregon Cannabis Commission shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the commission determines.
(2) A majority of the members of the commission constitutes a quorum for the transaction of business.
(3) The commission shall meet at least once every quarter at a time and place determined by the commission. The commission also may meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission. [Formerly 475B.955]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.939 - Duties of commission.

In addition to any other duty prescribed by law, the Oregon Cannabis Commission shall:
(1) Provide advice to the Oregon Health Authority with respect to the administration of ORS 475C.770 to 475C.919;
(2) Provide advice to the Oregon Liquor and Cannabis Commission with respect to the administration of ORS 475C.005 to 475C.525, insofar as those statutes pertain to registry identification cardholders and designated primary caregivers, as those terms are defined in ORS 475C.777;
(3) Develop a long-term strategic plan for ensuring that cannabis will remain a therapeutic option for persons with debilitating medical conditions as defined in ORS 475C.777;
(4) Develop a long-term strategic plan for ensuring that cannabis will remain affordable for persons with debilitating medical conditions as defined in ORS 475C.777; and
(5) Monitor and study federal laws, regulations and policies regarding marijuana. [Formerly 475B.961]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.945 - City, county ordinances regarding medical marijuana.

If a city or county enacts or has enacted an ordinance prohibiting or allowing marijuana processing sites registered under ORS 475C.815 or medical marijuana dispensaries registered under ORS 475C.833, the governing body of the city or the county may amend the ordinance, without referring the amendment to the electors of the city or county under ORS 475C.950, to prohibit or allow the premises of a licensee, as those terms are defined in ORS 475C.009, that has been designated an exclusively medical licensee under ORS 475C.121, 475C.125, 475C.129 or 475C.133. [Formerly 475B.965]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.005 - Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Fire protection equipment" means any apparatus, machinery or appliance intended for use by a fire service unit in fire prevention or suppression activities, excepting forest fire protection equipment.
(2) "Governmental subdivisions" means a city, county or rural fire protection district in this state whose functions include regulation of building use and occupancy and the administration of fire safety laws, ordinances and regulations. [Formerly 476.800; 1985 c.118 §1; 1993 c.185 §24]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.010 - Additional definitions.

(1) As used in ORS 476.010 to 476.115, 476.150 to 476.170 and 476.210 to 476.270, "alterations," "construction," "family," "hospital," "occupancy" and "private residence" have the meanings given those terms in ORS 479.168.
(2) As used in ORS 476.030 and other laws relating to the duties of the State Fire Marshal, "governmental subdivision" means a city, county, municipal corporation, quasi-municipal corporation and rural fire protection district, created under the laws of Oregon.
(3) As used in ORS 476.380:
(a) "Commercial waste":
(A) Means any waste produced in any business involving the lease or sale, including wholesale and retail, of goods or services, including but not limited to housing.
(B) Means any waste produced by a governmental, educational or charitable institution.
(C) Does not include any waste produced in a dwelling containing four living units or less.
(b) "Demolition material" means any waste resulting from the complete or partial destruction of any man-made structure, such as a house, apartment, commercial building or industrial building.
(c) "Domestic waste" means any nonputrescible waste, consisting of combustible materials, such as paper, cardboard, yard clippings, wood or similar materials, generated in a dwelling, including the real property upon which it is situated, containing four living units or less.
(d) "Field burning" means the burning of any grass field, grain field, pasture, rangeland or other field by open burning or by use of mobile equipment or flaming equipment on any land or vegetation.
(e) "Industrial waste" means any waste resulting from any process or activity of manufacturing or construction.
(f) "Land clearing debris" means any waste generated by the removal of debris, logs, trees, brush or demolition material from any site in preparation for land improvement or construction projects.
(g) "Open burning" means any burning conducted in such a manner that combustion air is not effectively controlled and that combustion products are not vented through a stack or chimney, including but not limited to burning conducted in open outdoor fires, common burn barrels and backyard incinerators. [Subsection (2) formerly part of 476.030; 1975 c.635 §1; 2005 c.22 §353]