Title 37, Alcoholic Liquors; Controlled Substances; Drugs

(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 inten…

(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, …

(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]

(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 t…

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 con…

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, chapte…

(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 rea…

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…

(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. (2)(a) The person may file a motion under this s…

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]

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…

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,…

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 g…

(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…

(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 whi…

Subject to ORS 153.022, violation of a rule adopted under ORS 475C.017 (2)(c) is a Class C violation. [Formerly 475B.448] (Regulation by Cities and Counties of Cannabis for Adult Use)

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. Ame…

(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 …

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]

(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 re…

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]

(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 und…

(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 o…

(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 proce…

(1) As used in this section: (a) “Cleanup” means the removal, disposal and remediation, by an owner or an agent of an owner, of waste from a site in conformance with applicable law. (b) “Cleanup costs” means reasonable costs that are associated with or attributable to cleanup. (c…

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.…

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.00…

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

(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 us…

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 o…

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 …

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 involve…

(1) Marijuana is: (a) A crop for the purposes of “farm use” as defined in ORS 215.203; (b) A crop for purposes of a “farm” and “farming practice,” both as defined in ORS 30.930; (c) A product of farm use as described in ORS 308A.062; and (d) The product of an agricultural activit…

(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 …

Except for ORS 475C.489 and 475C.493, ORS 475C.005 to 475C.525: (1) Do not apply to the extent a person acts within the scope of and in compliance with the Oregon Medical Marijuana Act; and (2) Do not amend or affect duties, functions and powers of the Oregon Health Authority und…

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 …

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

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 …

(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 licens…

(1) At a trade show or similar temporary event registered with the Oregon Liquor and Cannabis Commission: (a) A marijuana producer that holds a license issued under ORS 475C.065, a marijuana processor that holds a license issued under ORS 475C.085, a marijuana wholesaler that hol…

(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: (a) The address of a premises for which a license has been issued or for which an applicant has proposed licensure under ORS 475C.065, 4…

(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 …

(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, 475…

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, par…

(1) As used in this section: (a) “Industrial hemp” has the meaning given that term in ORS 571.269. (b) “Marijuana” has the meaning given that term in ORS 475C.009. (2) The Oregon Liquor and Cannabis Commission shall, with the assistance of the State Department of Agriculture, cre…

(1) As used in this section, “marijuana” and “marijuana item” have the meanings given those terms in ORS 475C.009. (2) On or before February 1 of each odd-numbered year, the Oregon Liquor and Cannabis Commission shall report to the Legislative Assembly in the manner required by O…

(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) The Ore…

(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 co…

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 Commiss…

As used in ORS 475C.540 to 475C.586: (1) “Adult use cannabinoid” includes, but is not limited to, tetrahydrocannabinols, tetrahydrocannabinolic acids that are artificially or naturally derived, delta-8-tetrahydrocannabinol, delta-9- tetrahydrocannabinol, the optical isomers of de…