Chapter 475C — Chapter 475C

ORS 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

0.9K chars

ORS 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

1.5K chars

ORS 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

0.1K chars

ORS 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

0.7K chars

ORS 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]

0.0K chars

ORS 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]

0.4K chars

ORS 475C.389 Protection for person obtaining assistance for cannabis-related overdose. (1) As used in this section, “cannabis-related overdose” means an acute condition, including mania, hysteria, extreme physical illness, coma or death, resulting from the consumption or use of cannabis, or another substance with which cannabis was combined, that a person would reasonably believe requires medical attention

2.7K chars

ORS 475C.393 Affirmative defense. It is an affirmative defense to a charge of violating ORS 475C.337, 475C.345 or 475C.349 that

0.5K chars

ORS 475C.397 Order setting aside qualifying marijuana conviction. (1) Notwithstanding ORS 137.225, a person with a qualifying marijuana conviction may apply to the court in which the judgment of conviction was entered for entry of an order setting aside the conviction as provided in this section

4.0K chars

ORS 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]

0.0K chars

ORS 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]

0.0K chars

ORS 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]

0.1K chars

ORS 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]

0.0K chars

ORS 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

1.1K chars

ORS 475C.421 Notification to Oregon Liquor and Cannabis Commission of licensee conviction; notification to commission, county assessor, Department of Revenue of judicial outcome. (1) 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

1.2K chars

ORS 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]

0.1K chars

ORS 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]

0.0K chars

ORS 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

1.2K chars

ORS 475C.437 Effective date of prohibition against operation of licensed premises. In each county or city that returns a majority vote for or against prohibition, the law shall take effect on January 1 following the day of election. [Formerly 475B.474]

0.0K chars

ORS 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

0.9K chars

ORS 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]

0.0K chars

ORS 475C.449 Local time, place and manner regulations. (1) For purposes of this section, “reasonable regulations” includes

2.7K chars

ORS 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

1.2K chars

ORS 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

2.3K chars

ORS 475C.459 Cleanup of waste from certain real property; public nuisance; city or county lien. (1) As used in this section

5.8K chars

ORS 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]

0.0K chars

ORS 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]

0.0K chars

ORS 475C.469 Authority of State Department of Agriculture. The State Department of Agriculture may possess, test and dispose of marijuana items. [Formerly 475B.511]

0.0K chars

ORS 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

0.3K chars

ORS 475C.477 Immunity for state agencies, officers and employees in performance of duties. A person may not sue the Oregon Liquor and Cannabis Commission or a member of the commission, the State Department of Agriculture or the Oregon Health Authority, or any employee of the commission, department or authority, for performing or omitting to perform any duty, function or power of the commission, department or authority set forth in ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 or in any other law of this state requiring the commission, department or authority to perform a duty, function or power related to marijuana items. [Formerly 475B.518; 2023 c.519 §21]

0.0K chars

ORS 475C.481 Authority to purchase, possess, seize or dispose of marijuana items. Subject to any applicable provision of ORS chapter 131A or 183, any state officer, board, commission, corporation, institution, department or other state body, and any local officer, board, commission, institution, department or other local government body, that is authorized by the statutory laws of this state to perform a duty, function or power with respect to a marijuana item, may purchase, possess, seize or dispose of the marijuana item as the state officer, board, commission, corporation, institution, department or other state body, or the local officer, board, commission, institution, department or other local government body, considers necessary to ensure compliance with and enforce the applicable statutory law or any rule adopted under the applicable statutory law. [Formerly 475B.521]

0.0K chars

ORS 475C.485 Authority of Governor to suspend license, certificate or permit without notice. In case of invasion, disaster, insurrection or riot, or imminent danger of invasion, disaster, insurrection or riot, the Governor may, for the duration of the invasion, disaster, insurrection or riot, or imminent danger, immediately and without notice suspend, in the area involved, any license, certificate or permit issued under ORS 475C.005 to 475C.525 or 475C.548. [Formerly 475B.523; 2023 c.519 §22]

2.8K chars

ORS 475C.489 Marijuana as crop; exceptions to permitted uses. (1) Marijuana is

1.5K chars

ORS 475C.493 Regulation of marijuana items as food or other commodity subject to regulation by State Department of Agriculture. (1) Notwithstanding the authority granted to the State Department of Agriculture under ORS chapters 571, 618 and 633 and ORS 632.275 to 632.290, 632.450 to 632.490, 632.516 to 632.625, 632.705 to 632.815, 632.835 to 632.849 and 632.900 to 632.985, the department may not exercise authority over marijuana items or a licensee, except that ORS 618.121 to 618.161, 618.991, 618.995, 633.311 to 633.479, 633.992 and 633.994 apply to marijuana items or to a licensee

0.7K chars

ORS 475C.497 Exceptions from applicability of ORS 475C.005 to 475C.525. Except for ORS 475C.489 and 475C.493, ORS 475C.005 to 475C.525

0.3K chars

ORS 475C.501 Violation of laws of this state as nuisance. Any room, house, building, boat, structure or place of any kind where marijuana items are sold, manufactured, bartered or given away in violation of the laws of this state, or where persons are permitted to resort for the purpose of using marijuana items in violation of the laws of this state, or any place where marijuana items are kept for sale, barter or gift in violation of the laws of this state, and all marijuana items or property subject to confiscation under ORS 475C.417 kept and used in such a place, are a common nuisance. A person who maintains or assists in maintaining the common nuisance or knowingly suffers or permits the nuisance to exist in any place of which the person is the owner, manager or lessor, is guilty of a violation of ORS 475C.005 to 475C.525. [Formerly 475B.533]

0.0K chars

ORS 475C.505 Enforceability of contracts. A contract is not unenforceable on the basis that manufacturing, distributing, dispensing, possessing or using marijuana is prohibited by federal law. [Formerly 475B.535]

0.0K chars

ORS 475C.509 Oregon Liquor and Cannabis Commission hotline for verification of license. The Oregon Liquor and Cannabis Commission shall maintain a telephone hotline for the following persons to inquire if an address is the location of a premises for which a license has been issued under ORS 475C.005 to 475C.525 or 475C.548 or is the location of a premises for which an application for licensure has been submitted under ORS 475C.033 or 475C.548

0.2K chars

ORS 475C.513 Transport of marijuana items to trade show; rules. (1) Notwithstanding ORS 475C.205 or any other provision prohibiting the transportation of marijuana items to or from a location for which a license has not been issued under ORS 475C.005 to 475C.525 or prohibiting the possession of marijuana items at a location for which a license has not been issued under ORS 475C.005 to 475C.525, a licensee may transport marijuana items to and exhibit marijuana items at a trade show, the Oregon State Fair or a similar event if

0.8K chars

ORS 475C.515 Temporary events; permissible transfers, sales; samples; rules. (1) At a trade show or similar temporary event registered with the Oregon Liquor and Cannabis Commission

1.9K chars

ORS 475C.517 Certain information related to licenses and permits exempt from disclosure. (1) Subject to subsection (2) of this section, information is exempt from public disclosure under ORS 192.311 to 192.478 if the information is

0.8K chars

ORS 475C.521 Governor agreements with Indian tribes; requirements. (1) The Governor, or the Governor’s designee, may enter into an agreement with the governing body of a federally recognized Indian tribe located in this state for the purpose of cross-jurisdictional coordination and enforcement of marijuana-related businesses licensed to conduct business on tribal trust land by the governing body of the federally recognized Indian tribe

1.3K chars

ORS 475C.523 Cannabis reference laboratory; requirements; use of laboratory by State Department of Agriculture, Oregon Health Authority, Oregon Liquor and Cannabis Commission, law enforcement agencies; fees; rules. (1) The State Department of Agriculture, in consultation with the Oregon Health Authority and the Oregon Liquor and Cannabis Commission, shall establish a cannabis reference laboratory to provide regulatory and technical support in the enforcement of ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648, 475C.770 to 475C.919 and 571.260 to 571.348

10.2K chars

ORS 475C.525 Severability of ORS 475C.005 to 475C.525. If any section, subsection, paragraph, phrase or word of ORS 475C.005 to 475C.525 is held to be unconstitutional, void or illegal, either on its face or as applied, that holding does not affect the applicability, constitutionality or legality of any other section, subsection, paragraph, phrase or word of ORS 475C.005 to 475C.525. To that end, the sections, subsections, paragraphs, phrases and words of ORS 475C.005 to 475C.525 are intended to be severable. It is hereby declared to be the intent of the people of this state in adopting ORS 475C.005 to 475C.525 that ORS 475C.005 to 475C.525 would have been adopted had such unconstitutional, void or illegal sections, subsections, paragraphs, phrases or words, if any, not been included in ORS 475C.005 to 475C.525. [Formerly 475B.545]

0.1K chars

ORS 475C.527 Map of locations of licensed industrial hemp operations, premises licensed for marijuana production. (1) As used in this section

0.9K chars

ORS 475C.529 Duty to report to Legislative Assembly. (1) As used in this section, “marijuana” and “marijuana item” have the meanings given those terms in ORS 475C.009

0.6K chars

ORS 475C.531 (1) The Illegal Marijuana Market Enforcement Grant Program is established to assist cities and counties with the costs incurred by local law enforcement agencies and community-based organizations in addressing unlawful marijuana cultivation or distribution operations

2.1K chars

ORS 475C.533 Oregon Criminal Justice Commission reports. (1) Not later than January 1 of each year, the Oregon Criminal Justice Commission shall submit a report in the manner provided in ORS 192.245 on the status and effectiveness of the Illegal Marijuana Market Enforcement Grant Program established under ORS 475C.531 to the interim committees of the Legislative Assembly related to the judiciary

0.6K chars

ORS 475C.535 Illegal Marijuana Market Enforcement Grant Program Fund. The Illegal Marijuana Market Enforcement Grant Program Fund is established in the State Treasury separate and distinct from the General Fund. Moneys in the Illegal Marijuana Market Enforcement Grant Program Fund are continuously appropriated to the Oregon Criminal Justice Commission for the purposes of carrying out the provisions of ORS 475C.531. Interest earned by the fund shall be credited to the fund. [2018 c.103 §15]

0.0K chars

ORS 475C.540 Definitions for ORS 475C.540 to 475C.586. As used in ORS 475C.540 to 475C.586

3.0K chars