reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.293 - 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.289. 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 certificate; 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 certificate. [Formerly 475B.291]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.297 - Marijuana Control and Regulation Fund.

The Marijuana Control and Regulation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Marijuana Control and Regulation Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Liquor and Cannabis Commission to administer and enforce ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648 and 475C.925. [Formerly 475B.296]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.301 - Enforcement authority of regulatory specialist.

(1) In addition to the duties, functions and powers described in ORS 471.775, and subject to subsection (2) of this section, a regulatory specialist, as defined in ORS 471.001, has the authority as provided in ORS 133.005 to 133.400, 133.450, 133.525 to 133.703, 133.721 to 133.739, 161.233, 161.245, 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648, and chapter 743, Oregon Laws 1971, to conduct inspections and investigations, make seizures, aid in prosecutions of and issue citations to licensees and persons who hold a certificate or permit under ORS 475C.005 to 475C.525 for violations of and offenses related to, and otherwise enforce, ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648, any rule adopted under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648 and any other law of this state that charges the Oregon Liquor and Cannabis Commission with a duty, function or power related to a marijuana item, including enforcing any law or rule related to individuals who use false identification for purposes of purchasing or possessing a marijuana item or who engage in illegal activity on or near a premises.
(2) A regulatory specialist may not:
(a) Be sworn in as a federal law enforcement official and act in that capacity while performing an activity authorized by this section.
(b) Carry a firearm.
(c) Conduct inspections and investigations of a primary residence.
(d) For purposes of ensuring compliance with ORS 475C.770 to 475C.919, conduct inspections and investigations of registry identification cardholders or designated primary caregivers, the residences of registry identification cardholders or designated primary caregivers, or the locations where registry identification cardholders or designated primary caregivers produce marijuana. [Formerly 475B.299]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.309 - Prohibition against producing, processing, possessing or storing homegrown marijuana or homemade cannabinoid products, extracts.

(1) A person may not produce, process, possess or store homegrown marijuana, cannabinoid products or cannabinoid concentrates if the homegrown marijuana, cannabinoid products or cannabinoid concentrates can be seen by normal unaided vision from a public place.
(2) A person may not possess or store a cannabinoid extract if the cannabinoid extract can be seen by normal unaided vision from a public place.
(3) A violation of subsection (1) or (2) of this section is a Class B violation. [Formerly 475B.306]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.313 - Prohibition against producing, processing or storing homemade cannabinoid extracts, industrial hemp extracts.

(1) A person other than a marijuana processor that holds a license issued under ORS 475C.085 may not process cannabinoid extracts into a cannabinoid product.
(2) A person may not produce, process or store homemade industrial hemp extracts.
(3) Violation of this section is a Class A misdemeanor. [Formerly 475B.311]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.321 - Prohibition against producing identification that falsely indicates age; protections for reliance on identification.

(1) A person may not produce any piece of identification that falsely indicates the person’s age.
(2) Violation of this section is a Class A misdemeanor.
(3) If a piece of identification is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a marijuana item to a person under 21 years of age, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a marijuana item to a person under 21 years of age unless it is demonstrated that a reasonable person would have determined that the identification exhibited by the person under 21 years of age was altered, or that the identification exhibited by the person under 21 years of age did not accurately describe the person to whom the marijuana item was sold or served. [Formerly 475B.321]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.325 - Requirements for assessment and treatment under ORS 475C.317.

When a person is ordered to undergo assessment and treatment as provided in ORS 475C.317, the court shall require the person to do all of the following:
(1) Pay to the court the fee described under ORS 813.030 in addition to any fine imposed under ORS 475C.850.
(2) Complete an examination by an agency or organization designated by the court to determine whether the person has a problem condition involving marijuana as described in ORS 813.040. The designated agencies or organizations must meet minimum standards established under ORS 430.357 to perform the diagnostic assessment and treatment of problem marijuana use and must be certified by the Director of the Oregon Health Authority.
(3) Complete a treatment program, paid at the expense of the person convicted, as follows:
(a) If the examination required under this section shows that the person has a problem condition involving marijuana, a program for rehabilitation for problem marijuana use approved by the director.
(b) If the examination required by this section shows that the person does not have a problem condition involving marijuana, a marijuana information program approved by the director. [Formerly 475B.326]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.329 - Prohibition regarding person who is visibly intoxicated; prohibition against allowing consumption of marijuana by person under 21 years of age on private property; penalty.

(1) A person may not sell, give or otherwise make available a marijuana item to a person who is visibly intoxicated.
(2)(a) A person who exercises control over private real property may not knowingly allow a person under 21 years of age to consume a marijuana item on the property, or allow another person under 21 years of age to remain on the property if the person under 21 years of age consumes a marijuana item on the property.
(b) This subsection:
(A) Applies only to a person who is present and in control of the location at the time the consumption occurs; and
(B) Does not apply to the owner of rental property, or the agent of an owner of rental property, unless the consumption occurs in the individual housing unit in which the owner or agent resides.
(3) Violation of this section is a Class A misdemeanor. [Formerly 475B.329]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.333 - Prohibition against giving marijuana item as prize; penalty.

(1) A marijuana item may not be given as a prize, premium or consideration for a lottery, contest, game of chance, game of skill or competition of any kind.
(2) Violation of this section is a Class A misdemeanor. [Formerly 475B.333]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.337 - Unlawful possession by person 21 years of age or older.

(1) Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, it is unlawful for any person 21 years of age or older to possess, knowingly or intentionally:
(a) An amount of plants in the genus Cannabis within the plant family Cannabaceae in excess of the amount allowed under ORS 475C.305 (1).
(b) More than two ounces of usable marijuana in a public place.
(c) More than eight ounces of usable marijuana.
(d) More than 16 ounces of cannabinoid products in solid form or cannabinoid concentrates.
(e) More than 72 ounces of cannabinoid products in liquid form.
(f) More than one ounce of cannabinoid extracts.
(g) A cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475C.097.
(2) Except as provided in subsection (3) of this section, unlawful possession of a marijuana item is a Class A misdemeanor.
(3) Unlawful possession of a marijuana item is:
(a) A Class B violation, if the amount possessed is not more than two times the applicable maximum amount specified in subsection (1)(a) to (f) of this section.
(b) A Class B misdemeanor, if the amount possessed is more than two times, but not more than four times, the applicable maximum amount specified in subsection (1)(a) to (f) of this section.
(c) A Class C felony, if the amount possessed is:
(A) More than 16 times the applicable maximum amount specified in subsection (1)(a), (c), (d), (e) or (f) of this section;
(B) More than eight pounds of usable marijuana in a public place; or
(C) More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475C.097.
(d) A Class B felony, if:
(A) The amount possessed is more than 32 times the applicable maximum amount specified in subsection (1)(a), (c), (d), (e) or (f) of this section; or
(B) The violation is a marijuana offense involving reckless unlawful conduct under ORS 475C.353 (5) or a marijuana offense involving knowing unlawful conduct under ORS 475C.353 (6). [Formerly 475B.337; 2023 c.209 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.341 - Unlawful possession by person under 21 years of age.

(1) Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, it is unlawful for any person under 21 years of age to possess, knowingly or intentionally:
(a) An amount of plants in the genus Cannabis within the plant family Cannabaceae in excess of the amount allowed under ORS 475C.305 (1).
(b) More than two ounces of usable marijuana in a public place.
(c) More than eight ounces of usable marijuana.
(d) More than 16 ounces of cannabinoid products in solid form or cannabinoid concentrates.
(e) More than 72 ounces of cannabinoid products in liquid form.
(f) More than one ounce of cannabinoid extracts.
(g) A cannabinoid extract that was not purchased from a marijuana retailer that holds a license under ORS 475C.097.
(2) Except as provided in subsections (3) and (4) of this section, unlawful possession of a marijuana item by a person under 21 years of age is a Class A misdemeanor.
(3) Unlawful possession of a marijuana item by a person under 21 years of age is a Class C felony, if the amount possessed is:
(a) More than 16 times the applicable maximum amount specified in subsection (1)(a), (c), (d), (e) or (f) of this section;
(b) More than eight pounds of usable marijuana in a public place; or
(c) More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475C.097.
(4) Unlawful possession of a marijuana item by a person under 21 years of age is a Class B felony, if:
(a) The amount possessed is more than 32 times the applicable maximum amount specified in subsection (1)(a), (c), (d), (e) or (f) of this section; or
(b) The violation is a marijuana offense involving reckless unlawful conduct under ORS 475C.353 (5) or a marijuana offense involving knowing unlawful conduct under ORS 475C.353 (6). [Formerly 475B.341; 2023 c.209 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.345 - Unlawful delivery of marijuana item.

(1) Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, and except for a person acting within the scope of and in compliance with ORS 475C.305, it is unlawful for any person to deliver a marijuana item.
(2) Except as provided in subsection (3) of this section, unlawful delivery of a marijuana item is a Class A misdemeanor.
(3) Unlawful delivery of a marijuana item is:
(a) A Class B misdemeanor, if a person 21 years of age or older unlawfully delivers usable marijuana, for no consideration, to a person 21 years of age or older, and the total amount of usable marijuana delivered is not more than twice the amount described in ORS 475C.305 (7).
(b) A Class C felony, if:
(A) The delivery involves:
(i) More than 16 times the applicable maximum amount specified in ORS 475C.337 (1)(a), (c), (d), (e) or (f);
(ii) More than eight pounds of usable marijuana in a public place; or
(iii) More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475C.097.
(B) The marijuana item is delivered to a person under 21 years of age, unless the person delivering the marijuana item is under 24 years of age at the time of the delivery and delivers not more than one ounce of usable marijuana, for no consideration, to a person who is 16 years of age or older. [Formerly 475B.346]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.349 - Unlawful manufacture of marijuana item.

(1) Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, and except for a person acting within the scope of and in compliance with ORS 475C.305, it is unlawful for any person to manufacture a marijuana item.
(2) Except as provided in subsection (3) of this section, unlawful manufacture of a marijuana item is a Class A misdemeanor.
(3) Unlawful manufacture of a marijuana item is:
(a) A Class B misdemeanor, if a person 21 years of age or older unlawfully manufactures homegrown marijuana at a household and the total number of homegrown plants in the genus Cannabis within the plant family Cannabaceae at the household exceeds four plants but does not exceed eight plants.
(b) A Class C felony, if:
(A) A person unlawfully manufactures marijuana and the total number of plants in the genus Cannabis within the plant family Cannabaceae exceeds 12 plants; or
(B) A person unlawfully manufactures a cannabinoid product or a cannabinoid concentrate and the total amount of cannabinoid products or the total amount of cannabinoid concentrates exceeds twice the applicable maximum amount specified in ORS 475C.337 (1)(d), (e) or (f).
(c) A Class B felony, if:
(A) A person unlawfully manufactures a cannabinoid extract;
(B) The violation involves the manufacture of more than 100 marijuana plants, whether mature or immature; or
(C) The violation is a marijuana offense involving reckless unlawful conduct under ORS 475C.353 (5) or a marijuana offense involving knowing unlawful conduct under ORS 475C.353 (6). [Formerly 475B.349; 2023 c.209 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.357 - Arson incident to manufacture of cannabinoid extract in first degree.

(1) As used in this section:
(a) "Property" has the meaning given that term in ORS 164.005.
(b) "Property of another" and "protected property" have the meanings given those terms in ORS 164.305.
(2) A person commits the crime of arson incident to manufacture of a cannabinoid extract in the first degree if, by knowingly engaging in the manufacture of a cannabinoid extract, the person causes a fire or causes an explosion that damages:
(a) The protected property of another person;
(b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or the protected property of another person in danger of damage; or
(c) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire or explosion.
(3) Arson incident to manufacture of a cannabinoid extract in the first degree is a Class A felony.
(4) This section does not apply to a licensee that is authorized under the laws of this state to engage in the manufacture of cannabinoid extracts. [Formerly 475B.359]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.361 - Arson incident to manufacture of cannabinoid extract in second degree.

(1) As used in this section:
(a) "Property" has the meaning given that term in ORS 164.005.
(b) "Property of another" and "protected property" have the meanings given those terms in ORS 164.305.
(2) A person commits the crime of arson incident to manufacture of a cannabinoid extract in the second degree if, by knowingly engaging in the manufacture of a cannabinoid extract, the person causes a fire or causes an explosion that damages:
(a) Any building of another person that is not protected property; or
(b) The property of another, if the damages to the property exceed $750.
(3) Arson incident to manufacture of a cannabinoid extract in the second degree is a Class C felony.
(4) This section does not apply to a licensee that is authorized under the laws of this state to engage in the manufacture of cannabinoid extracts. [Formerly 475B.363]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.365 - Causing another person to ingest marijuana.

(1) As used in this section:
(a) "Crime of violence" has the meaning given that term in ORS 475.908.
(b)(A) "Ingest" means to consume or otherwise deliver a cannabinoid into the body of a person.
(B) "Ingest" does not include the inhalation of smoke, aerosols or vapors created by smoking, aerosolizing or vaporizing a marijuana item.
(2)(a) A person commits the offense of causing another person to ingest marijuana if the person knowingly or intentionally causes the other person to ingest a marijuana item without the consent of the other person.
(b) Causing another person to ingest marijuana is a Class B felony.
(c) A violation of this subsection shall be classified as a person felony and crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.
(3)(a) Notwithstanding subsection (2) of this section, causing another person to ingest marijuana is a Class A felony if the person, with the intent of committing or facilitating a crime of violence against the other person, knowingly or intentionally causes the other person to ingest a marijuana item without the consent of the other person.
(b) A violation of this subsection shall be classified as a person felony and crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. [Formerly 475B.367]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.369 - Administration to another person under 18 years of age.

(1) Except as authorized under ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648 and 475C.770 to 475C.919 and rules adopted under ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648 and 475C.770 to 475C.919, it is unlawful for a person to intentionally administer a marijuana item to the body of another person who is under 18 years of age by inhalation, ingestion or any other means.
(2) Intentionally administering a marijuana item to the body of a person who is under 18 years of age is a Class A felony.
(3) A violation of this section shall be classified as a person felony and crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.
(4) It is an affirmative defense to a charge of intentionally administering a marijuana item to the body of a person who is under 18 years of age if:
(a) The person administering the marijuana item was less than three years older than the other person at the time of the administration, and the other person consented to the administration; or
(b) The marijuana item was administered for a medical purpose with the consent of the person under 18 years of age, and the person under 18 years of age was a registry identification cardholder as defined in ORS 475C.777 at the time of the administration. [Formerly 475B.371]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.373 - Unlawful sale or delivery of marijuana paraphernalia.

(1) As used in this section, "marijuana paraphernalia" means an object that is marketed to be used for, or that is designed for, planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a marijuana item. "Marijuana paraphernalia" does not include hypodermic syringes or needles.
(2) It is unlawful for a person to sell or deliver, to possess with intent to sell or deliver or to manufacture with intent to sell or deliver marijuana paraphernalia to a person who is under 21 years of age, knowing that the marijuana paraphernalia will be used for the purpose for which it was marketed or designed.
(3) Violation of this section is a Class B violation.
(4) Subject to the provisions of ORS chapter 131A, and notwithstanding the violation classification specified in subsection (3) of this section, the Oregon Liquor and Cannabis Commission may purchase, possess, seize or dispose of marijuana paraphernalia as is necessary for the commission to ensure compliance with and enforce this section and any rule adopted under this section.
(5) In determining whether an object is marijuana paraphernalia under this section or drug paraphernalia under ORS 475.525, a trier of fact in an administrative or judicial proceeding must consider, in addition to any other relevant factor, the following:
(a) Any oral or written instruction provided with the object related to the object’s use;
(b) Any descriptive material packaged with the object that explains or depicts the object’s use;
(c) Any national or local advertising related to the object’s use;
(d) Any proffered expert testimony related to the object’s use;
(e) The manner in which the object is displayed for sale, if applicable; and
(f) Any other proffered evidence substantiating the object’s intended use. [Formerly 475B.376]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.377 - Prohibition against using marijuana item in public place.

(1) It is unlawful for any person to engage in the use of marijuana items in a public place.
(2) A violation of subsection (1) of this section is a Class B violation. [Formerly 475B.381]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.379 - Unlawful production of marijuana.

(1) A person commits the crime of unlawful production of marijuana if the person produces marijuana or industrial hemp:
(a) At a location that is not confirmed by the Oregon Health Authority, the Oregon Liquor and Cannabis Commission or the State Department of Agriculture to be the location of an industrial hemp operation registered or licensed under ORS 571.281, a premises for which a license was issued under ORS 475C.085 or a marijuana grow site registered under ORS 475C.792; and
(b) In an amount that is not allowed by state law.
(2) Unlawful production of marijuana is a Class A misdemeanor.
(3) Marijuana or industrial hemp that is unlawfully produced, as described in subsection (1) of this section, is considered contraband and may be destroyed by a law enforcement agency. [2021 c.542 §41]
Note:
475C.379 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.381 - Immunity for person making report of violation.

A person who, in good faith, makes a report of a violation of ORS 475C.005 to 475C.525, and who has reasonable grounds for making the report, is immune from any civil or criminal liability that otherwise might be incurred or imposed with respect to making the report or to the content of the report. The person has the same immunity with respect to participating in a judicial proceeding resulting from the report. [Formerly 475B.385]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.385 - Effect of crime under federal law or law of another state.

If a crime described in ORS 475C.005 to 475C.525 is a crime under federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. [Formerly 475B.389]
Note:
Section 127, chapter 21, Oregon Laws 2017, provides:
Sec. 127.
Sections 3 to 7, 9, 9a, 11, 12, 14 and 17 to 20 of this 2017 Act, the amendments to statutes by sections 1, 15 and 22 to 125 of this 2017 Act and the repeal of statutes and session laws by section 126 of this 2017 Act apply to conduct occurring on and after the effective date of this 2017 Act [April 21, 2017]. [2017 c.21 §127]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.393 - Affirmative defense.

It is an affirmative defense to a charge of violating ORS 475C.337, 475C.345 or 475C.349 that:
(1) The defendant had held a license issued under ORS 475C.005 to 475C.525, or was performing work for or on behalf of a person that had held a license issued under ORS 475C.005 to 475C.525;
(2) The violation concerned an activity for which the license exempts the person from ORS 475C.337, 475C.345 or 475C.349;
(3) The license had lapsed or had been suspended or revoked; and
(4) The defendant reasonably believed that the license had not lapsed or had not been suspended or revoked. [Formerly 475B.398]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.401 - Authority to issue subpoenas.

For purposes of ORS 475C.005 to 475C.525, the provisions of ORS 183.440 apply to subpoenas issued by the Oregon Liquor and Cannabis Commission and to subpoenas issued by an authorized agent of the commission. [Formerly 475B.409]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.405 - Civil penalty for violating ORS 475C.005 to 475C.525.

In addition to any other liability or penalty provided by law, the Oregon Liquor and Cannabis Commission may impose for each violation of a provision of ORS 475C.005 to 475C.525 or a rule adopted under ORS 475C.005 to 475C.525 a civil penalty that does not exceed $10,000 for each violation. The commission shall impose civil penalties under this section in the manner provided by ORS 183.745. Moneys collected under this section shall be deposited in the General Fund. [Formerly 475B.416]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.409 - Forfeiture of building or premises for violating ORS 475C.005 to 475C.525.

If the owner of a building or premises knowingly has used the building or premises for, or allowed the building or premises to be occupied for, the production, processing, sale or use of marijuana items contrary to the provisions of ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648 or 475C.770 to 475C.919, or contrary to the provisions of any other state law or local ordinance regulating the production, processing, sale or use of marijuana items, the building or premises is subject to a lien for, and may be sold to pay all fines and costs, including but not limited to any costs of cleanup and removal of marijuana, assessed against the occupants of the building or premises for, any violation of ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648 or 475C.770 to 475C.919, or any other state law or local ordinance regulating the production, processing, sale or use of marijuana items. The lien may be enforced immediately by civil action in a court that has jurisdiction over the area in which the building or premises is located, by the district attorney of the county in which the building or premises is located. [Formerly 475B.424; 2022 c.108 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.413 - Authority of law enforcement to enforce ORS 475C.005 to 475C.525.

The law enforcement officers of this state may enforce ORS 475C.005 to 475C.525 and assist the Oregon Liquor and Cannabis Commission in detecting violations of ORS 475C.005 to 475C.525 and apprehending offenders. A law enforcement officer who has notice, knowledge or reasonable ground of suspicion of a violation of ORS 475C.005 to 475C.525 shall immediately notify the district attorney who has jurisdiction over the violation and furnish the district attorney who has jurisdiction over the violation with names and addresses of any witnesses to the violation or other information related to the violation. [Formerly 475B.429]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.417 - Seizure of marijuana items by law enforcement personnel.

(1) When a law enforcement officer arrests a person for violating ORS 475C.005 to 475C.525, the law enforcement officer may take into possession all marijuana items and other property that the arrested person has in possession, or that is on the premises, that apparently is being used in violation of ORS 475C.005 to 475C.525.
(2) If a person arrested as described in this section is convicted, and the court finds that the marijuana items and other property have been used in violation of ORS 475C.005 to 475C.525:
(a) The marijuana items must be forfeited to an appropriate state or local law enforcement agency and must be delivered by the court or law enforcement officer, at the direction of the court, to the law enforcement agency; and
(b) Subject to any other applicable law, the other property must be forfeited to the Oregon Liquor and Cannabis Commission, and must be delivered by the court or law enforcement officer, at the direction of the court, to the commission.
(3) The commission is authorized to destroy or otherwise dispose of any property the commission receives under subsection (2)(b) of this section, provided that if the commission elects to sell the property, including furniture, furnishings, and equipment and facilities for the storing, serving or using of marijuana items, the clear proceeds of the sale must be credited to the State Treasury and deposited in the Common School Fund. [Formerly 475B.436]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.421 - Duty to notify Oregon Liquor and Cannabis Commission of conviction of licensee.

The county courts, district attorneys and municipal authorities, immediately upon the conviction of a licensee of a violation of ORS 475C.005 to 475C.525, or of a violation of any other law of this state or ordinance of a city or county located in this state an element of which is the possession, delivery or manufacture of a marijuana item, shall notify the Oregon Liquor and Cannabis Commission of the conviction. [Formerly 475B.442]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.425 - Penalty for violating ORS 475C.005 to 475C.525.

Subject to ORS 153.022, violation of a rule adopted under ORS 475C.017 (2)(c) is a Class C violation. [Formerly 475B.448]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.429 - Preemption of municipal charter amendments and local ordinances.

The provisions of ORS 475C.005 to 475C.525 are designed to operate uniformly throughout the state and are paramount and superior to and fully replace and supersede any municipal charter amendment or local ordinance inconsistent with the provisions of ORS 475C.005 to 475C.525. Amendments and ordinances that are inconsistent with the provisions of ORS 475C.005 to 475C.525 are repealed. [Formerly 475B.454]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.433 - Prohibition against operation of premises for which license issued; petition; election.

(1) The governing body of a city or a county, when a petition is filed as provided in this section, shall order an election on the question as to whether the operation of premises for which a license has been issued under ORS 475C.005 to 475C.525 should be prohibited in the city or county.
(2) Except as otherwise provided in this section, the requirements for preparing, circulating and filing a petition under this section:
(a) In the case of a city, must be as provided for an initiative petition under ORS 250.265 to 250.346.
(b) In the case of a county, must be as provided for an initiative petition under ORS 250.165 to 250.235.
(3) A petition under this section:
(a) Must be filed not less than 60 days before the day of the election; and
(b) Must be signed by not less than 10 percent of the electors registered in the city or county.
(4) If ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a county or if ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section must be as provided for an initiative petition under the county or city charter or an ordinance adopted under the county or city charter.
(5) A signature is not valid unless signed within 180 days before the petition is filed.
(6) An election under this section must be held at the time of the next statewide general election.
(7) An election under this section must be conducted under ORS chapters 246 to 260. [Formerly 475B.461]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.441 - Ordinance prohibiting possession.

(1) As used in this section, "designated primary caregiver," "immature marijuana plant," "marijuana," "medical cannabinoid product" and "registry identification cardholder" have the meanings given those terms in ORS 475C.777.
(2) A city or county may not adopt an ordinance, by referral or otherwise, that prohibits or otherwise limits:
(a) The privileges described in ORS 475C.305; or
(b) The right of a registry identification cardholder and the designated primary caregiver of a registry identification cardholder to:
(A) Possess the seeds of marijuana, immature marijuana plants or medical cannabinoid products as described in ORS 475C.770 to 475C.919;
(B) Jointly possess up to six mature marijuana plants and up to 12 immature marijuana plants under ORS 475C.806 (1); or
(C) Jointly possess up to 24 ounces of usable marijuana under ORS 475C.809 (1). [Formerly 475B.477]
Note:
475C.441 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.445 - Right to possess marijuana items for personal use.

ORS 475C.433 does not prevent any person residing in the county or city from having, for personal use, a marijuana item purchased from a marijuana retailer licensed under ORS 475C.097. [Formerly 475B.479]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.449 - Local time, place and manner regulations.

(1) For purposes of this section, "reasonable regulations" includes:
(a) Reasonable conditions on the manner in which a marijuana producer that holds a license issued under ORS 475C.065 may produce marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475C.289 may produce marijuana or propagate immature marijuana plants;
(b) Reasonable conditions on the manner in which a marijuana processor that holds a license issued under ORS 475C.085 may process marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475C.289 may process marijuana;
(c) Reasonable conditions on the manner in which a marijuana wholesaler that holds a license issued under ORS 475C.093 may sell marijuana at wholesale;
(d) Reasonable conditions on the manner in which a marijuana retailer that holds a license issued under ORS 475C.097 may sell marijuana items;
(e) Reasonable limitations on the hours during which a premises for which a license has been issued under ORS 475C.005 to 475C.525 may operate;
(f) Reasonable requirements related to the public’s access to a premises for which a license or certificate has been issued under ORS 475C.005 to 475C.525; and
(g) Reasonable limitations on where a premises for which a license or certificate may be issued under ORS 475C.005 to 475C.525 may be located.
(2) Notwithstanding ORS 30.935, 215.253 (1) or 633.738, the governing body of a city or county may adopt ordinances that impose reasonable regulations on the operation of businesses located at premises for which a license or certificate has been issued under ORS 475C.005 to 475C.525 if the premises are located in the area subject to the jurisdiction of the city or county, except that the governing body of a city or county may not:
(a) Adopt an ordinance that prohibits a premises for which a license has been issued under ORS 475C.097 from being located within a distance that is greater than 1,000 feet of another premises for which a license has been issued under ORS 475C.097.
(b) Adopt an ordinance that imposes a setback requirement for an agricultural building used to produce marijuana located on a premises for which a license has been issued under ORS 475C.065 if the agricultural building:
(A) Was constructed on or before July 1, 2015, in compliance with all applicable land use and building code requirements at the time of construction;
(B) Is located at an address where a marijuana grow site first registered with the Oregon Health Authority under ORS 475C.792 on or before January 1, 2015;
(C) Was used to produce marijuana pursuant to the provisions of ORS 475C.770 to 475C.919 on or before January 1, 2015; and
(D) Has four opaque walls and a roof. [Formerly 475B.486]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.453 - Local tax or fee; referral to electors for approval.

(1)(a) Except as expressly authorized by this section, the authority to impose a tax or fee on the production, processing or sale of marijuana items in this state is vested solely in the Legislative Assembly.
(b) Except as expressly authorized by this section, a county, city or other municipal corporation or district may not adopt or enact ordinances imposing a tax or fee on the production, processing or sale of marijuana items in this state.
(2) Subject to subsection (4) of this section, the governing body of a city or county may adopt an ordinance to be referred to the electors of the city or county as described in subsection (3) of this section that imposes a tax or a fee on the sale of marijuana items that are sold in the area subject to the jurisdiction of the city or the unincorporated area subject to the jurisdiction of a county by a marijuana retailer that holds a license issued under ORS 475C.097.
(3) If the governing body of a city or county adopts an ordinance under this section, the governing body shall refer the measure of the ordinance to the electors of the city or county for approval at the next statewide general election.
(4) An ordinance adopted under this section may not impose a tax or fee:
(a) In excess of three percent; or
(b) On a registry identification cardholder or on a designated primary caregiver who is purchasing a marijuana item for a registry identification cardholder. [Formerly 475B.491]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.457 - Repeal of city, county ordinance that prohibits certain establishments.

(1) The governing body of a city or county may repeal an ordinance that prohibits the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county:
(a) Marijuana processing sites registered under ORS 475C.815;
(b) Medical marijuana dispensaries registered under ORS 475C.833;
(c) Marijuana producers that hold a license issued under ORS 475C.065;
(d) Marijuana processors that hold a license issued under ORS 475C.085;
(e) Marijuana wholesalers that hold a license issued under ORS 475C.093;
(f) Marijuana retailers that hold a license issued under ORS 475C.097;
(g) Marijuana producers that hold a license issued under ORS 475C.065 and that the Oregon Liquor and Cannabis Commission has designated as an exclusively medical licensee under ORS 475C.121;
(h) Marijuana processors that hold a license issued under ORS 475C.085 and that the commission has designated as an exclusively medical licensee under ORS 475C.125;
(i) Marijuana wholesalers that hold a license issued under ORS 475C.093 and that the commission has designated as an exclusively medical licensee under ORS 475C.129;
(j) Marijuana retailers that hold a license issued under ORS 475C.097 and that the commission has designated as an exclusively medical licensee under ORS 475C.133; or
(k) Any combination of the entities described in this subsection.
(2) If the governing body of a city or county repeals an ordinance under this section, the governing body must provide the text of the ordinance:
(a) To the Oregon Health Authority, in a form and manner prescribed by the authority, if the ordinance concerns a medical marijuana dispensary registered under ORS 475C.833 or a marijuana processing site registered under ORS 475C.815; or
(b)(A) To the commission, in a form and manner prescribed by the commission, if the ordinance concerns a premises for which a license has been issued under ORS 475C.005 to 475C.525; and
(B) To the Oregon Department of Administrative Services, in a form and manner prescribed by the department, within 30 days of enactment of the repeal of the ordinance, if the ordinance concerns a premises for which issuance of a license is required under ORS 475C.065, 475C.085, 475C.093 or 475C.097. [Formerly 475B.496]
Note:
475C.457 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.461 - Duty of Oregon Health Authority to assist.

The Oregon Health Authority shall assist and cooperate with the Oregon Liquor and Cannabis Commission and the State Department of Agriculture to the extent necessary for the commission and the department to carry out the duties of the commission and the department under ORS 475C.005 to 475C.525. [Formerly 475B.501]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.465 - Duty of State Department of Agriculture to assist.

The State Department of Agriculture shall assist and cooperate with the Oregon Liquor and Cannabis Commission and the Oregon Health Authority to the extent necessary for the commission and the authority to carry out the duties of the commission and the authority under ORS 475C.005 to 475C.525. [Formerly 475B.506]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.473 - Prohibition against refusing to perform duties on basis that certain conduct is prohibited by federal law.

(1) The Oregon Liquor and Cannabis Commission, the State Department of Agriculture and the Oregon Health Authority may not refuse to perform any duty under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 on the basis that manufacturing, distributing, dispensing, possessing or using marijuana is prohibited by federal law.
(2) The commission may not revoke or refuse to issue or renew a license, certificate or permit under ORS 475C.005 to 475C.525 or 475C.548 on the basis that manufacturing, distributing, dispensing, possessing or using marijuana is prohibited by federal law. [Formerly 475B.514; 2023 c.519 §20]