reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.648 - Authority of State Department of Agriculture, Oregon Liquor and Cannabis Commission for certain violations of ORS 475C.600 to 475C.648.

(1) If a person violates a provision of ORS 475C.600 to 475C.648 or a rule adopted under ORS 475C.600 to 475C.648 with regard to an industrial hemp-derived vapor item:
(a) The State Department of Agriculture may impose disciplinary action described in ORS 571.285 and impose a civil penalty under ORS 571.348 if the person is a grower or handler registered under ORS 571.281.
(b) The Oregon Liquor and Cannabis Commission may impose a civil penalty under ORS 475C.644 if the person is not a grower or handler registered under ORS 571.281.
(2) The commission and the department may adopt rules to carry out this section. [2021 c.646 §12]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.670 - Definitions for ORS 475C.670 to 475C.734.

As used in ORS 475C.670 to 475C.734:
(1) "Cannabinoid concentrate," "cannabinoid edible," "cannabinoid extract," "cannabinoid product," "consumer," "immature marijuana plant," "marijuana flowers," "marijuana items," "marijuana leaves," "marijuana processor," "marijuana producer," "marijuana retailer" and "usable marijuana" have the meanings given those terms in ORS 475C.009.
(2) "Retail sale" means any transfer, exchange, gift or barter of a marijuana item by any person to a consumer.
(3) "Retail sales price" means the price paid for a marijuana item, excluding tax, to a marijuana retailer by or on behalf of a consumer of the marijuana item. [Formerly 475B.700]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.674 - Imposition of tax on retail sale of marijuana items.

(1) A tax is hereby imposed upon the retail sale of marijuana items in this state. The tax imposed by this section is a direct tax on the consumer, for which payment upon retail sale is required. The tax shall be collected at the point of sale of a marijuana item by a marijuana retailer at the time at which the retail sale occurs.
(2) The tax imposed under this section shall be imposed at the rate of:
(a) 17 percent of the retail sales price of usable marijuana;
(b) 17 percent of the retail sales price of immature marijuana plants;
(c) 17 percent of the retail sales price of a cannabinoid edible;
(d) 17 percent of the retail sales price of a cannabinoid concentrate;
(e) 17 percent of the retail sales price of a cannabinoid extract;
(f) 17 percent of the retail sales price of a cannabinoid product that is intended to be used by applying the cannabinoid product to the skin or hair; and
(g) 17 percent of the retail sales price of cannabinoid products other than those described in paragraph (f) of this subsection.
(3) If the tax imposed under this section does not equal an amount calculable to a whole cent, the tax shall be equal to the next higher whole cent.
(4) Except as otherwise provided by the Department of Revenue by rule, the amount of the tax shall be separately stated on an invoice, receipt or other similar document that the marijuana retailer provides to the consumer at the time at which the retail sale occurs.
(5) A person may not knowingly sell, purchase, install, transfer or possess electronic devices or software programs for the purposes of:
(a) Hiding or removing records of retail sales of marijuana items; or
(b) Falsifying records of retail sales of marijuana items.
(6)(a) A marijuana retailer may not discount a marijuana item or offer a marijuana item for free if the retail sale of the marijuana item is made in conjunction with the retail sale of any other item.
(b) Paragraph (a) of this subsection does not affect any provision of ORS 475C.005 to 475C.525 or any rule adopted by the Oregon Liquor and Cannabis Commission pursuant to ORS 475C.005 to 475C.525 that is related to the retail sale of marijuana items. [Formerly 475B.705]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.678 - Exemption from tax on retail sale of marijuana items; rules.

(1) As used in this section, "designated primary caregiver," "registry identification card" and "registry identification cardholder" have the meanings given those terms in ORS 475C.777.
(2) Notwithstanding ORS 475C.674:
(a) A tax is not imposed upon the retail sale of marijuana items in this state to a registry identification cardholder or to a designated primary caregiver who is purchasing a marijuana item for a registry identification cardholder; and
(b) A marijuana retailer may not collect the tax imposed under ORS 475C.674 from a consumer if, at the time at which the retail sale of the marijuana item occurs, the consumer provides proof to the marijuana retailer that the consumer:
(A) Holds a valid registry identification card under ORS 475C.783; or
(B) Holds a valid identification card under ORS 475C.783 (5)(b) and is purchasing the marijuana item for a registry identification cardholder.
(3) The Department of Revenue:
(a) Shall adopt rules establishing procedures by which a marijuana retailer shall document that a consumer holds a valid registry identification card issued under ORS 475C.783 or a valid identification card issued under ORS 475C.783 (5)(b); and
(b) May adopt rules establishing procedures by which the department may verify that a marijuana retailer collects the tax imposed under ORS 475C.674 from consumers of marijuana items who are not registry identification cardholders or designated primary caregivers. [Formerly 475B.707]
Note:
Section 44, chapter 525, Oregon Laws 2021, provides:
Sec. 44.
ORS 475B.707 [renumbered 475C.678] applies to retail sales of marijuana items occurring on or after January 1, 2016, and before January 1, 2028. [2021 c.525 §44]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.682 - Collection of tax; refund; credit; penalties.

(1) Except as otherwise provided in ORS 475C.670 to 475C.734, the tax imposed upon the consumer under ORS 475C.674 shall be collected at the point of sale and remitted by each marijuana retailer that engages in the retail sale of marijuana items. The tax is considered a tax upon the marijuana retailer that is required to collect the tax, and the marijuana retailer is considered a taxpayer.
(2) The marijuana retailer shall file a return to the Department of Revenue on or before the last day of January, April, July and October of each year for the previous calendar quarter.
(3) The marijuana retailer shall pay the tax to the department in the form and manner prescribed by the department, but not later than with each quarterly return, without regard to an extension granted under subsection (5) of this section.
(4) Marijuana retailers shall file the returns required under this section regardless of whether any tax is owed.
(5) For good cause, the department may extend the time for filing a return under this section. The extension may be granted at any time if a written request is filed with the department during or prior to the period for which the extension may be granted. The department may not grant an extension of more than 30 days.
(6) Interest shall be added at the rate established under ORS 305.220 from the time the return was originally required to be filed to the time of payment.
(7) If a marijuana retailer fails to file a return or pay the tax as required by this section, the department shall:
(a) Impose a penalty in the manner provided in ORS 314.400; and
(b) If the department has issued to the marijuana retailer a distraint warrant or notice of determination and assessment under ORS 475C.688, provide written notification to the Oregon Liquor and Cannabis Commission of the issuance of the distraint warrant or notice of determination and assessment.
(8) Except as provided in subsections (9) and (10) of this section, the period prescribed for the department to allow or make a refund of any overpayment of tax paid under ORS 475C.670 to 475C.734 is as provided in ORS 314.415.
(9)(a) The department shall first apply any overpayment of tax by a marijuana retailer to any marijuana tax that is owed by the marijuana retailer.
(b) If after any offset against any delinquent amount the overpayment of tax remains greater than $1,000, the remaining refund shall be applied as a credit against the next subsequent calendar quarter as an estimated payment.
(10) The department may not make a refund of, or credit, any overpayment of tax under ORS 475C.670 to 475C.734 that was credited to the account of a marijuana retailer under subsection (9)(b) of this section if the return for that tax period is not filed within three years after the due date of that return. [Formerly 475B.710]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.684 - Marijuana revenue estimate.

(1) Not later than 30 days before the beginning of each calendar quarter, the Oregon Department of Administrative Services shall forecast and prepare an estimate of the revenue that will be received during the remainder of the current biennium and subsequent three biennia pursuant to the tax imposed under ORS 475C.674. The estimate may be made on the basis of all pertinent information available to the Oregon Department of Administrative Services. Upon making the estimate, the Oregon Department of Administrative Services shall report the estimate to the Legislative Revenue Officer, the Legislative Fiscal Officer and the Department of Revenue.
(2) The Department of Revenue and the Oregon Liquor and Cannabis Commission shall provide the Oregon Department of Administrative Services with any information necessary for the Oregon Department of Administrative Services to perform its duties under this section. [Formerly 475B.712]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.692 - Duty to keep receipts, invoices and other records.

(1) A marijuana retailer shall keep receipts, invoices and other pertinent records related to retail sales of marijuana items in the form required by the Department of Revenue. Each record shall be preserved for five years from the time to which the record relates, or for as long as the marijuana retailer retains the marijuana items to which the record relates, whichever is later. During the retention period and at any time prior to the destruction of records, the department may give written notice to the marijuana retailer not to destroy records described in the notice without written permission of the department. Notwithstanding any other provision of law, the department shall preserve reports and returns filed with the department for at least five years.
(2) The department or its authorized representative, upon oral or written demand, may make examinations of the books, papers, records and equipment of persons making retail sales of marijuana items and any other investigations as the department deems necessary to carry out the provisions of ORS 475C.670 to 475C.734. [Formerly 475B.720]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.694 - Authority to require production of books, papers, accounts and other information.

(1) The Department of Revenue has authority, by order or subpoena to be served with the same force and effect and in the same manner as a subpoena is served in a civil action in the circuit court, or the Oregon Tax Court, to require the production at any time and place the department designates of any books, papers, accounts or other information necessary to carry out ORS 475C.670 to 475C.734. The department may require the attendance of any person having knowledge in the premises, and may take testimony and require proof material for the information, with power to administer oaths to the person.
(2) If a person fails to comply with a subpoena or order of the department or to produce or permit the examination or inspection of any books, papers, records and equipment pertinent to an investigation or inquiry under ORS 475C.670 to 475C.734, or to testify to any matter regarding which the person is lawfully interrogated, the department may apply to the Oregon Tax Court or to the circuit court of the county in which the person resides or where the person is for an order to the person to attend and testify, or otherwise to comply with the demand or request of the department. The department shall apply to the court by ex parte motion, upon which the court shall make an order requiring the person against whom the motion is directed to comply with the request or demand of the department within 10 days after the service of the order, or within the additional time granted by the court, or to justify the failure within that time. The order shall be served upon the person to whom it is directed in the manner required by this state for service of process, which service is required to confer jurisdiction upon the court. Failure to obey any order issued by the court under this section is contempt of court. The remedy provided by this section is in addition to other remedies, civil or criminal, existing under the tax laws or other laws of this state. [Formerly 475B.725]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.698 - Disclosure of information.

(1) Notwithstanding the confidentiality provisions of ORS 475C.722, the Department of Revenue may disclose information received under ORS 317.363 and 475C.670 to 475C.734 to:
(a) The Oregon Liquor and Cannabis Commission to carry out the provisions of ORS 475C.005 to 475C.525 and 475C.670 to 475C.734; and
(b) The Oregon Health Authority to carry out the provisions of ORS 475C.678.
(2) The commission may disclose information obtained pursuant to ORS 475C.005 to 475C.525 and 475C.670 to 475C.734 to the department for the purpose of carrying out the provisions of ORS 475C.005 to 475C.525 and 475C.670 to 475C.734.
(3) The authority may disclose information obtained pursuant to ORS 475C.783 or 475C.789 to the department for the purpose of carrying out the provisions of ORS 475C.678, provided that the authority does not disclose personally identifiable information. [Formerly 475B.730]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.702 - Right to appeal determination of tax liability.

Except as otherwise provided in ORS 475C.005 to 475C.525 and 475C.670 to 475C.734, a person aggrieved by an act or determination of the Department of Revenue or its authorized agent under ORS 317.363 and 475C.670 to 475C.734 may appeal, within 90 days after the act or determination, to the Oregon Tax Court in the manner provided in ORS 305.404 to 305.560. These appeal rights are the exclusive remedy available to determine the person’s liability for the tax imposed under ORS 475C.670 to 475C.734. [Formerly 475B.735]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.706 - Duty to return excess tax collected.

(1)(a) When an amount represented by a marijuana retailer at retail to a consumer as constituting the tax imposed under ORS 475C.670 to 475C.734 is computed upon an amount that is not taxable or is in excess of the taxable amount and is actually paid by the consumer to the marijuana retailer, the excess tax paid shall be returned by the marijuana retailer to the consumer upon written notification by the Department of Revenue or the consumer.
(b) The written notification must contain information necessary to determine the validity of the consumer’s claim.
(2) If the marijuana retailer does not return the excess tax within 60 days after mailing of the written notification required under subsection (1) of this section, the consumer may appeal to the department for a refund of the amount of the excess tax, in the manner and within the time allowed under rules adopted by the department.
(3) If excess tax is returned to the consumer by the department, the department may issue a notice of deficiency for the excess tax to the marijuana retailer in the manner provided under ORS 305.265. [Formerly 475B.740]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.710 - Authority to retain portion of tax to pay expenses incurred.

For the purpose of compensating marijuana retailers for expenses incurred in collecting the tax imposed under ORS 475C.674, each marijuana retailer is permitted to deduct and retain two percent of the amount of taxes that are collected by the marijuana retailer from all retail sales of marijuana items conducted by the marijuana retailer. [Formerly 475B.745]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.714 - Duties and powers of Department of Revenue; rules; interagency cooperation.

(1) The Department of Revenue shall administer and enforce ORS 475C.670 to 475C.734. The department is authorized to establish rules and procedures for the implementation and enforcement of ORS 475C.670 to 475C.734 that are consistent with ORS 475C.670 to 475C.734 and that the department considers necessary and appropriate to administer and enforce ORS 475C.670 to 475C.734.
(2) The Oregon Liquor and Cannabis Commission shall enter into an agreement with the department for the purpose of administering and enforcing those provisions of ORS 475C.670 to 475C.734, and rules or procedures established for the purpose of implementing and enforcing ORS 475C.670 to 475C.734, that the commission and the department determine are necessary for the effective and efficient administration, implementation and enforcement of ORS 475C.670 to 475C.734.
(3) The Oregon Health Authority shall enter into an agreement with the department for the purpose of administering and enforcing the provisions of ORS 475C.678, and rules or procedures established for the purpose of implementing and enforcing ORS 475C.678, that the authority and the department determine are necessary for the effective and efficient administration, implementation and enforcement of ORS 475C.678. [Formerly 475B.750]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.718 - Department of Revenue tax rebate agreement with qualified Indian tribe.

(1) The Department of Revenue may enter into an agreement with the governing body of a federally recognized Indian tribe that is qualified as described in this section for the purpose of making rebate payments for an estimate of the tax on marijuana items imposed under ORS 475C.674 as described in this section.
(2) The governing body of a federally recognized Indian tribe is qualified to enter into an agreement under this section if the governing body has entered into an agreement with the Governor, or the Governor’s designee, pursuant to ORS 475C.521.
(3) The department shall provide rebates under this section for:
(a) Usable marijuana sold by a marijuana retailer that holds a license issued under ORS 475C.097 that is produced by a marijuana producer that is located on tribal trust land and licensed by the governing body of a federally recognized Indian tribe that has entered into an agreement with the Governor, or the Governor’s designee, pursuant to ORS 475C.521, provided that the licensing of the marijuana producer comports with the agreement; and
(b) Cannabinoid concentrates, cannabinoid extracts or cannabinoid products sold by a marijuana retailer that holds a license issued under ORS 475C.097 that are processed by a marijuana processor that is located on tribal trust land and licensed by the governing body of a federally recognized Indian tribe that has entered into an agreement with the Governor, or the Governor’s designee, pursuant to ORS 475C.521, provided that the licensing of the marijuana processor comports with the agreement.
(4) Payments made by the department to a federally recognized Indian tribe should represent the department’s estimate of the amount of revenue generated under ORS 475C.674 attributable to marijuana items:
(a) Produced by a marijuana producer that is located on tribal trust land and licensed by the governing body of a federally recognized Indian tribe that has entered into an agreement with the Governor, or the Governor’s designee, pursuant to ORS 475C.521, provided that the licensing of the marijuana producer comports with the agreement; or
(b) Processed by a marijuana processor that is located on tribal trust land and licensed by the governing body of a federally recognized Indian tribe that has entered into an agreement with the Governor, or the Governor’s designee, pursuant to ORS 475C.521, provided that the licensing of the marijuana processor comports with the agreement.
(5) There is continuously appropriated from the suspense account established under ORS 475C.734 the amounts necessary to make rebates pursuant to an agreement entered into under this section. [Formerly 475B.752]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.722 - Applicability of tax laws to ORS 475C.670 to 475C.734.

Except as otherwise provided in ORS 475C.670 to 475C.734 or where the context requires otherwise, the provisions of ORS chapters 305 and 314 as to the audit and examination of returns, periods of limitation, determination of and notices of deficiencies, assessments, collections, liens, delinquencies, claims for refund and refunds, conferences, appeals to the Oregon Tax Court, stays of collection pending appeal, confidentiality of returns and the penalties relative thereto, and the procedures relating thereto, apply to the determinations of taxes, penalties and interest under ORS 475C.670 to 475C.734. [Formerly 475B.755]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.728 - Distributions from Oregon Marijuana Account.

Notwithstanding ORS 475C.726, before making any other distribution from the Oregon Marijuana Account established under ORS 475C.726, the Department of Revenue shall first distribute quarterly from the account the following:
(1) $875,000 to the Oregon Liquor and Cannabis Commission for deposit in the Marijuana Control and Regulation Fund established under ORS 475C.297; and
(2) $750,000 to the Oregon Criminal Justice Commission for deposit into the Illegal Marijuana Market Enforcement Grant Program Fund established under ORS 475C.535 for the purposes of paying the costs incurred by the commission in carrying out the provisions of ORS 475C.531. [2018 c.103 §16; 2021 c.542 §39; 2022 c.117 §8]
Note:
475C.728 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.730 - Requirement to establish county cannabis advisory panel prior to adoption of certain local ordinance.

(1) Prior to adopting an ordinance described in ORS 475C.726 (4)(d), a county shall convene a cannabis advisory panel to provide recommendations to the county commission regarding the county’s regulation of marijuana and use of moneys transferred to the county under ORS 475C.726 (4). The county commission shall appoint the following members to the county cannabis advisory panel:
(a) A person who holds a license issued under ORS 475C.065 for a premises located in the county;
(b) A person who holds a license issued under ORS 475C.097 for a premises located in the county;
(c) A designee of the county sheriff;
(d) A designee of the county commission;
(e) A member of the public;
(f) A watermaster, as described in ORS 540.020, who is appointed for a water district in, partially in or near the county; and
(g) A representative of the county who is knowledgeable about economic development in the county.
(2) A county cannabis advisory panel shall provide recommendations to the county commission on at least the following:
(a) The use of moneys transferred to the county under ORS 475C.726;
(b) Increases in public safety measures related to marijuana use and marijuana entities in the county; and
(c) Issues presented by the production, processing, wholesaling and distribution of marijuana in the unincorporated area subject to the jurisdiction of the county.
(3)(a) A county cannabis advisory panel shall meet at least quarterly during the time in which the county receives transfers of moneys under ORS 475C.726, beginning not later than the date on which an ordinance described under ORS 475C.726 (4)(d) is proposed by the county.
(b) A county that adopts an ordinance described in ORS 475C.726 (4)(d) and that does not appoint a county cannabis advisory panel under this section is not eligible to receive transfers of moneys under ORS 475C.726. [2021 c.636 §3]
Note:
475C.730 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.734 - Suspense account; payment of expenses; crediting balance to Oregon Marijuana Account.

(1) All moneys received by the Department of Revenue under ORS 475C.670 to 475C.734 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. The department may pay expenses for the administration and enforcement of ORS 475C.670 to 475C.734 out of moneys received from the tax imposed under ORS 475C.674. Amounts necessary to pay administrative and enforcement expenses are continuously appropriated to the department from the suspense account.
(2) After the payment of administrative and enforcement expenses and refunds or credits arising from erroneous overpayments, the department shall credit the balance of the moneys received by the department under this section to the Oregon Marijuana Account established under ORS 475C.726. [Formerly 475B.760]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.738 - Definitions for ORS 475C.738 to 475C.758.

As used in ORS 475C.738 to 475C.758:
(1) "Deliver" has the meaning given that term in ORS 475.005.
(2) "Financial institution" means:
(a) A financial institution as defined in ORS 706.008.
(b) A trust company as defined in ORS 706.008.
(c) A money transmission business licensed under ORS 717.200 to 717.320, 717.900 and 717.905.
(d) An affiliate of an entity described in paragraph (a), (b) or (c) of this subsection.
(e) An employee or agent of an entity described in paragraph (a), (b) or (c) of this subsection.
(3) "Manufacture" has the meaning given that term in ORS 475.005.
(4) "Marijuana" has the meaning given that term in ORS 475.005.
(5) "Marijuana-derived product" means cannabinoid products, cannabinoid concentrates and cannabinoid extracts, all as defined in ORS 475C.009. [Formerly 475B.763]
Note:
Amendments to 475.005 by section 22, chapter 21, Oregon Laws 2017, deleted the definition of marijuana. The text of 475C.738 was not amended by enactment of the Legislative Assembly to reflect the deletion. Editorial adjustment of 475C.738 for the deletion of the definition of marijuana has not been made.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.742 - Financial institution exempt from certain criminal laws.

A financial institution that provides financial services customarily provided by financial institutions pursuant to powers granted by ORS 717.200 to 717.320, 717.900 and 717.905, the Bank Act or by ORS chapter 723 to a marijuana processing site registered under ORS 475C.815, a medical marijuana dispensary registered under ORS 475C.833, a marijuana producer that holds a license under ORS 475C.065, a marijuana processor that holds a license under ORS 475C.085, a marijuana wholesaler that holds a license under ORS 475C.093, a marijuana retailer that holds a license under ORS 475C.097, a laboratory that holds a license under ORS 475C.548 or a person to whom a permit has been issued under ORS 475C.273 is exempt from any criminal law of this state an element of which may be proven by substantiating that a person provides financial services customarily provided by financial institutions pursuant to powers granted by ORS 717.200 to 717.320, 717.900 and 717.905, the Bank Act or ORS chapter 723 to a person who possesses, delivers or manufactures marijuana or marijuana derived products. [Formerly 475B.766]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.746 - Required disclosure by Oregon Liquor and Cannabis Commission; fees.

(1) Notwithstanding any law relating to the exemption of information from public disclosure under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586, upon the request of a financial institution, the Oregon Liquor and Cannabis Commission shall provide to the financial institution the following information:
(a) Whether a person with whom the financial institution is doing business holds a license under ORS 475C.065, 475C.085, 475C.093, 475C.097 or 475C.548 or a permit under ORS 475C.273;
(b) The name of any other business or individual affiliated with the person;
(c) A copy of the application, and any supporting documentation submitted with the application, for a license or a permit submitted by the person;
(d) If applicable, data relating to sales and the volume of product sold by the person;
(e) Whether the person is currently compliant with the provisions of ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648 and rules adopted under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648;
(f) Any past or pending violation by the person of a provision of ORS 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.600 to 475C.648 or a rule adopted under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.600 to 475C.648; and
(g) Any penalty imposed upon the person for violating a provision of ORS 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.600 to 475C.648 or a rule adopted under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.600 to 475C.648.
(2) Upon receiving a request under subsection (1) of this section, the commission shall provide the requesting financial institution with the requested information.
(3) The commission may charge a financial institution a reasonable fee to cover the administrative costs of providing information under this section. [Formerly 475B.769]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.750 - Required disclosure by Oregon Health Authority; fees.

(1) Notwithstanding any law relating to the exemption of information from public disclosure under ORS 475C.770 to 475C.919, upon the request of a financial institution, the Oregon Health Authority shall provide to the financial institution the following information:
(a) Whether a person with whom the financial institution is doing business is registered under ORS 475C.815 or 475C.833;
(b) The name of any other business or individual affiliated with the person;
(c) A copy of the application, and any supporting documentation submitted with that application, for registration submitted by the person;
(d) Data relating to the volume of product transferred by the person;
(e) Whether the person is currently compliant with the provisions of ORS 475C.540 to 475C.586, 475C.600 to 475C.648 and 475C.770 to 475C.919 and rules adopted under ORS 475C.540 to 475C.586, 475C.600 to 475C.648 and 475C.770 to 475C.919;
(f) Any past or pending violation by the person of a provision of ORS 475C.540 to 475C.586, 475C.600 to 475C.648 or 475C.770 to 475C.919 or a rule adopted under ORS 475C.540 to 475C.586, 475C.600 to 475C.648 or 475C.770 to 475C.919; and
(g) Any penalty imposed upon the person for violating a provision of ORS 475C.540 to 475C.586, 475C.600 to 475C.648 or 475C.770 to 475C.919 or a rule adopted under ORS 475C.540 to 475C.586, 475C.600 to 475C.648 or 475C.770 to 475C.919.
(2) Upon receiving a request under subsection (1) of this section, the authority shall provide the requesting financial institution with the requested information.
(3) The authority may charge a financial institution a reasonable fee to cover the administrative costs of providing information under this section. [Formerly 475B.772]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.754 - Required disclosure by Department of Revenue; fees.

(1) Notwithstanding any law relating to the exemption of information from public disclosure under ORS 475C.670 to 475C.734, or relating to the confidentiality of tax return information, upon the request of a financial institution, the Department of Revenue shall provide to the financial institution the following information:
(a) Whether the person is currently compliant with the provisions of ORS 475C.670 to 475C.734 and rules adopted under ORS 475C.670 to 475C.734;
(b) Any past or pending violation by the person of a provision of ORS 475C.670 to 475C.734 or a rule adopted under ORS 475C.670 to 475C.734; and
(c) Any penalty imposed upon the person for violating a provision of ORS 475C.670 to 475C.734 or a rule adopted under ORS 475C.670 to 475C.734.
(2) Upon receiving a request under subsection (1) of this section, the department shall provide the requesting financial institution with the requested information.
(3) The department may charge a financial institution a reasonable fee to cover the administrative costs of providing information under this section. [Formerly 475B.775]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.758 - Confidentiality of information.

Information received by a financial institution under ORS 475C.746, 475C.750 or 475C.754 is confidential for purposes of ORS 717.200 to 717.320, 717.900 and 717.905, the Bank Act and ORS chapter 723. Except as otherwise required or permitted by the provisions of ORS 192.583 to 192.607, 717.200 to 717.320, 717.900 and 717.905, or the Bank Act or ORS chapter 723, or by other state law or rule or federal law or regulation, a financial institution may not make the information available to any person other than:
(1) The customer to whom the information applies; and
(2) A trustee, conservator, guardian, personal representative or agent of the customer to whom the information applies. [Formerly 475B.778]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.770 - Findings.

The people of the State of Oregon find that:
(1) Patients and doctors have found marijuana to be an effective treatment for suffering caused by debilitating medical conditions and, therefore, marijuana must be treated like other medicines;
(2) Oregonians suffering from debilitating medical conditions should be allowed to use marijuana without fear of civil or criminal penalties when a doctor advises that using marijuana may provide a medical benefit and when other reasonable restrictions are met regarding that use;
(3) ORS 475C.770 to 475C.919 are intended to allow Oregonians with debilitating medical conditions who may benefit from the medical use of marijuana to be able to freely discuss with doctors the possible risks and benefits associated with the medical use of marijuana and to have the benefit of professional medical advice; and
(4) ORS 475C.770 to 475C.919 are intended to protect patients and doctors from criminal and civil penalties and are not intended to change current civil and criminal laws governing the use of marijuana for nonmedical purposes. [Formerly 475B.785]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.780 - Construction of ORS 475C.770 to 475C.919.

Nothing in ORS 475C.770 to 475C.919 requires:
(1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana; or
(2) An employer to accommodate the medical use of marijuana in the workplace. [Formerly 475B.794]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.786 - Assistance from designated primary caregiver.

A designated primary caregiver may assist the designating registry identification cardholder with any matter related to the medical use of marijuana, including:
(1) The production of marijuana at the address provided by the registry identification cardholder to the Oregon Health Authority pursuant to ORS 475C.783 (2)(f); and
(2) The processing of marijuana into cannabinoid concentrates or medical cannabinoid products. [Formerly 475B.801]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.789 - Designated primary caregivers.

(1) If a person who is applying for a registry identification card under ORS 475C.783, or who is a registry identification cardholder, chooses to designate, or to change the designation of, a primary caregiver, the person must include the primary caregiver’s name and address:
(a) On the person’s application for a registry identification card;
(b) On the person’s application to renew a registry identification card; or
(c) In a form and manner prescribed by the authority, in a signed statement notifying the Oregon Health Authority of the designation.
(2) A registry identification cardholder may have only one designated primary caregiver at any given time.
(3) If a registry identification cardholder who previously designated a primary caregiver chooses to designate a different primary caregiver, the authority shall notify the previous designee of the new designation and issue an identification card to the newly designated primary caregiver. [Formerly 475B.804]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.791 - Registry identification cardholder ability to designate certain entities as additional caregivers.

(1) Notwithstanding ORS 475C.789, an organization that provides hospice, palliative or home health care services, or a residential facility as defined in ORS 443.400, that has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition may be designated, in addition to an individual designated pursuant to ORS 475C.789, as an additional caregiver for a registry identification cardholder in the same manner that an individual is designated as the primary caregiver for a registry identification cardholder under ORS 475C.789.
(2) An organization or residential facility that is designated under this section has all the duties, functions and powers of a designated primary caregiver as prescribed by ORS 475C.770 to 475C.919 or a rule adopted under ORS 475C.770 to 475C.919. [Formerly 475B.807]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.794 - Address of marijuana grow site.

(1) For purposes of ORS 475C.770 to 475C.919, if a marijuana grow site has a physical United States Postal Service address, an application filed for a marijuana grow site registration card under ORS 475C.792 must include the physical address. If the grow site does not have a physical United States Postal Service address, the application must include:
(a) An assessor’s map number with a map showing the exact location of the grow site;
(b) The name of the city or, if outside of a city, the name of the county in which the grow site is located;
(c) The zip code for the location; and
(d) One or more of the following for the location:
(A) Longitude and latitude coordinates;
(B) Township coordinates;
(C) Global positioning system coordinates; or
(D) The tax lot number.
(2) For purposes of ORS 475C.792, the Oregon Health Authority shall accept the forms of evidence described in subsection (1) of this section for the purpose of establishing the address where a marijuana grow site is located. [Formerly 475B.813]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.795 - Duty to submit production data to Oregon Health Authority.

(1) A person designated to produce marijuana by a registry identification cardholder must submit to the Oregon Health Authority, in a form and manner established by the authority by rule, the following information related to the production of marijuana:
(a) The number of mature marijuana plants and immature marijuana plants, the amount of marijuana leaves and flowers being dried, and the amount of usable marijuana, in the person’s possession;
(b) The number of mature marijuana plants and immature marijuana plants, and the amount of usable marijuana, that the person transfers to each registry identification cardholder for whom the person produces marijuana;
(c) The amount of usable marijuana that the person transfers to each marijuana processing site; and
(d) The number of immature marijuana plants, and the amount of usable marijuana, that the person transfers to each medical marijuana dispensary.
(2) The authority shall by rule require a person designated to produce marijuana by a registry identification cardholder to submit the information described in subsection (1) of this section once each month. The authority may not employ any method other than that described in this section to obtain information related to the production of marijuana from a person designated to produce marijuana by a registry identification cardholder.
(3) In addition to submitting the information as required by subsection (1) of this section, a person designated to produce marijuana by a registry identification cardholder must keep a record of the information described in subsection (1) of this section for two years after the date on which the person submits the information to the authority. [Formerly 475B.816]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.797 - Delegation of duty to submit production data; rules.

(1) Notwithstanding ORS 475C.795 (2), a person designated to produce marijuana by a registry identification cardholder may delegate the person’s duty to submit to the Oregon Health Authority the information described in ORS 475C.795 to another person designated to produce marijuana by a registry identification cardholder if the marijuana grow sites for which the persons are required to submit the information are located at the same address.
(2) A person to whom the duty described in subsection (1) of this section is delegated must inform the authority of the delegation in a form and manner prescribed by the authority.
(3) In adopting rules prescribing the form and manner in which information is submitted to the authority under ORS 475C.795, the authority shall adopt rules that lessen the administrative burden on persons to whom the duty described in subsection (1) of this section is delegated. [Formerly 475B.819]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.798 - Personal agreements.

Notwithstanding ORS 475C.792 (7), a person responsible for a marijuana grow site may enter into an agreement with a registry identification cardholder under which the registry identification cardholder assigns, to the person responsible for the marijuana grow site, a portion of the right to possess the seeds, immature marijuana plants and usable marijuana that are the property of the registry identification cardholder. [Formerly 475B.822]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.800 - Transfer of usable marijuana.

(1) Subject to subsection (2) of this section, a marijuana grow site may transfer up to 20 pounds of usable marijuana per year to a person that holds a license issued under ORS 475C.085 or 475C.093, provided that:
(a) The transfer is tracked using the system developed and maintained under ORS 475C.177;
(b) More than 12 mature marijuana plants are produced at the marijuana grow site;
(c) The usable marijuana has been assigned to the person responsible for the marijuana grow site pursuant to ORS 475C.798;
(d) The usable marijuana has been tested in accordance with the provisions of ORS 475C.540 to 475C.586; and
(e) The marijuana grow site first registered with the Oregon Health Authority under ORS 475C.792 on or before August 2, 2017.
(2) If the Oregon Liquor and Cannabis Commission determines that the supply of marijuana items offered for sale by marijuana retailers that hold a license issued under ORS 475C.097 is exceeding consumer demand for the marijuana items, and if the commission determines that the market for marijuana items in this state will not self-correct for the excess, the commission may issue an order that temporarily reduces the amount of usable marijuana that may be transferred pursuant to this section or that temporarily suspends the ability to transfer usable marijuana pursuant to this section. [Formerly 475B.825]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.803 - Marijuana grow site security systems.

ORS 475C.871 does not authorize the Oregon Health Authority or the Oregon Liquor and Cannabis Commission to require a marijuana grow site to use a security system or any component of a security system, such as video surveillance, an alarm system, sensors or physical barriers. [Formerly 475B.828]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475C - Cannabis Regulation › Section 475C.809 - Possession limits for usable marijuana.

(1) Except as provided in subsection (2) of this section, a registry identification cardholder and the designated primary caregiver of the registry identification cardholder may jointly possess no more than 24 ounces of usable marijuana.
(2) Subject to subsection (3) of this section, a person designated to produce marijuana by a registry identification cardholder may possess the amount of usable marijuana that the person harvests from the person’s mature marijuana plants, provided that the person may not possess usable marijuana in excess of the amount of usable marijuana in the person’s possession as reported to the Oregon Health Authority under ORS 475C.795.
(3) A person designated to produce marijuana by a registry identification cardholder may not possess usable marijuana in excess of:
(a) For a marijuana grow site located outdoors, 12 pounds of usable marijuana per mature marijuana plant; or
(b) For a marijuana grow site located indoors, six pounds of usable marijuana per mature marijuana plant. [Formerly 475B.834]