Title 37, Alcoholic Liquors; Controlled Substances; Drugs

(1) A laboratory that conducts testing of marijuana items or industrial hemp-derived vapor items as required by ORS 475C.544 must be accredited under ORS 438.605 to 438.620 and meet other qualifications as established by the Oregon Health Authority under this section. (2) In addi…

ORS 475C.540 to 475C.586 do not apply to: (1) A person responsible for a marijuana grow site under ORS 475C.792 if the person is transferring usable marijuana or an immature marijuana plant, as defined in ORS 475C.009, to: (a) A person who holds a registry identification card und…

Subject to the applicable provisions of ORS chapter 183, if an applicant or licensee violates a provision of ORS 475C.540 to 475C.586 or a rule adopted under a provision of ORS 475C.540 to 475C.586, the Oregon Liquor and Cannabis Commission may refuse to issue or renew, or may su…

(1) Notwithstanding the lapse, suspension or revocation of a license issued under ORS 475C.548, the Oregon Liquor and Cannabis Commission may: (a) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license; or (b) Revise o…

Subject to the applicable provisions of ORS chapter 183, if a person violates a provision of ORS 475C.540 to 475C.586 or a rule adopted under a provision of ORS 475C.540 to 475C.586, the Oregon Health Authority may: (1) Refuse to register the person under ORS 475C.770 to 475C.919…

(1) In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of ORS 475C.540 to 475C.586, or a rule adopted under a provision of ORS 475C.540 to 475C.586, a civil penalty that does not exceed $500 for …

(1) If a person violates a provision of ORS 475C.540 to 475C.586 or a rule adopted under ORS 475C.540 to 475C.586 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 civ…

A person who holds a license under ORS 475C.548, and an employee of or other person who performs work for a person who holds a license under ORS 475C.548, are exempt from the criminal laws of this state for possession, delivery or manufacture of marijuana, aiding and abetting ano…

(1) The Oregon Liquor and Cannabis Commission shall establish an advisory committee to advise the commission, the Oregon Health Authority and the State Department of Agriculture on establishing and maintaining standards for testing the potency of marijuana and marijuana items, as…

As used in ORS 475C.600 to 475C.648: (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…

(1) As is necessary to protect the public health and safety, and in consultation with the Oregon Health Authority and the State Department of Agriculture, the Oregon Liquor and Cannabis Commission shall adopt rules establishing standards for the labeling of marijuana items and in…

(1) As used in this section: (a) “Licensee” has the meaning given that term in ORS 475C.009. (b) “Registrant” means a person registered under ORS 475C.770 to 475C.919. (2) The Oregon Liquor and Cannabis Commission may by rule require a licensee or person responsible for the label…

(1) As is necessary to protect the public health and safety, and in consultation with the Oregon Health Authority and the State Department of Agriculture, the Oregon Liquor and Cannabis Commission shall adopt rules establishing standards for the packaging of marijuana items, incl…

(1) As used in this section: (a) “Licensee” has the meaning given that term in ORS 475C.009. (b) “Registrant” means a person registered under ORS 475C.770 to 475C.919. (2) The Oregon Liquor and Cannabis Commission may by rule require a licensee, and the Oregon Health Authority ma…

(1) The Oregon Liquor and Cannabis Commission, in consultation with the Oregon Health Authority and the State Department of Agriculture, shall adopt rules establishing: (a) The maximum concentration of total delta-9-THC that is permitted in a single serving of a cannabinoid produ…

(1) ORS 475C.600 to 475C.648 do not apply to: (a) A person responsible for a marijuana grow site under ORS 475C.792 if the person is transferring usable marijuana or an immature marijuana plant, as defined in ORS 475C.009, to: (A) A person who holds a registry identification card…

To ensure compliance with ORS 475C.600 to 475C.648 and any rule adopted under ORS 475C.600 to 475C.648, the Oregon Liquor and Cannabis Commission may inspect the premises of a person that holds a license under ORS 475C.065, 475C.085, 475C.093 or 475C.097. [Formerly 475B.635]

To ensure compliance with ORS 475C.600 to 475C.648 and any rule adopted under ORS 475C.600 to 475C.648, the Oregon Health Authority may inspect the premises of: (1) A medical marijuana dispensary registered under ORS 475C.833; and (2) A person that processes marijuana to test can…

Subject to the applicable provisions of ORS chapter 183, if the applicant or licensee violates a provision of ORS 475C.600 to 475C.648 or a rule adopted under a provision of ORS 475C.600 to 475C.648, the Oregon Liquor and Cannabis Commission may refuse to issue or renew, or may s…

Subject to the applicable provisions of ORS chapter 183, if a person violates a provision of ORS 475C.600 to 475C.648 or a rule adopted under a provision of ORS 475C.600 to 475C.648, the Oregon Health Authority may: (1) Refuse to register a person under ORS 475C.770 to 475C.919; …

(1) 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.600 to 475C.648, or a rule adopted under a provision of ORS 475C.600 to 475C.648, a civil penalty that does not ex…

(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 civ…

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,”…

(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 r…

(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 i…

(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 …

(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 pursuan…

(1) Every person who collects any amount under ORS 475C.682 shall hold the same in trust for the State of Oregon and for the payment thereof to the Department of Revenue in the manner and at the time provided in ORS 475C.682. (2) At any time a marijuana retailer fails to remit an…

(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…

(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 depart…

(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…

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 determinati…

(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 mariju…

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 sa…

(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 de…

(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.6…

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, …

(1) As used in this section, “U.S. City Average Consumer Price Index” means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor. (2) There is established the Oregon …

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 Commissio…

(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 …

(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…

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 u…

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 me…

(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 th…

(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…

(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 fi…