6 chapters · 747 sections in this title.
ORS 475C.758 Confidentiality of information
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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 19…
ORS 475C.770 Findings
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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 debilitati…
ORS 475C.773 Short title
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ORS 475C.770 to 475C.919 shall be known as the Oregon Medical Marijuana Act. [Formerly 475B.788]
ORS 475C.777 Definitions for ORS 475C.770 to 475C.919
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As used in ORS 475C.770 to 475C.919: (1) Attending provider means one of the following health care providers who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition: (a) A physician licensed under ORS chapter 677; (b…
ORS 475C.780 Construction of ORS 475C.770 to 475C.919
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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. [Form…
ORS 475C.783 Registry identification cardholders; eligibility; fees; rules
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(1) The Oregon Health Authority shall establish a program for the issuance of registry identification cards to applicants who meet the requirements of this section. (2) The authority shall issue a registry identification card to an applicant who is 18 years of age or older if the…
ORS 475C.786 Assistance from designated primary caregiver
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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 …
ORS 475C.789 Designated primary caregivers
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(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 caregivers name and address: (a)…
ORS 475C.791 Registry identification cardholder ability to designate certain entities as additional caregivers
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(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 debilit…
ORS 475C.792 Marijuana grow site registration system; fees; rules
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(1)(a) The Oregon Health Authority shall establish by rule a marijuana grow site registration system to track and regulate the production of marijuana by a registry identification cardholder or a person designated by the registry identification cardholder to produce marijuana for…
ORS 475C.794 Address of marijuana grow site
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(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 phys…
ORS 475C.795 Duty to submit production data to Oregon Health Authority
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(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 m…
ORS 475C.797 Delegation of duty to submit production data; rules
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(1) Notwithstanding ORS 475C.795 (2), a person designated to produce marijuana by a registry identification cardholder may delegate the persons duty to submit to the Oregon Health Authority the information described in ORS 475C.795 to another person designated to produce marijua…
ORS 475C.798 Personal agreements
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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 t…
ORS 475C.800 Transfer of usable marijuana
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(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 maintai…
ORS 475C.803 Marijuana grow site security systems
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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. [Fo…
ORS 475C.806 Possession limits for plants
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(1)(a) A registry identification cardholder and the designated primary caregiver of the registry identification cardholder may jointly possess: (A) Six or fewer mature marijuana plants; and (B) Twelve or fewer immature marijuana plants. (b)(A) Unless an address is the marijuana g…
ORS 475C.809 Possession limits for usable marijuana
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(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 sect…
ORS 475C.812 Duty to carry card when at location other than address on file with Oregon Health Authority
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A person to whom a registry identification card has been issued under ORS 475C.783 (5)(a), an identification card has been issued under ORS 475C.783 (5)(b), or a marijuana grow site registration card has been issued under ORS 475C.792, may not possess marijuana, usable marijuana,…
ORS 475C.815 Marijuana processing site registration system; fees; rules
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(1)(a) The Oregon Health Authority shall establish by rule a marijuana processing site registration system to track and regulate the processing of marijuana by a person responsible for a marijuana processing site. (b) Except as provided in paragraph (c) of this subsection, a pers…
ORS 475C.818 Authority to require fingerprints of applicants and other individuals
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For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475C.815. The powers conferred on the authority under this sectio…
ORS 475C.821 Duty to submit processing data to Oregon Health Authority; rules
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(1) The Oregon Health Authority shall require by rule a marijuana processing site to submit to the authority for inclusion in the database developed and maintained pursuant to ORS 475C.856 the following information: (a) The amount of usable marijuana transferred to the marijuana …
ORS 475C.824 Public health and safety standards for medical cannabinoid products, concentrates and extracts; rules
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(1) A marijuana processing site must meet any public health and safety standards established by the Oregon Health Authority by rule related to: (a) Cannabinoid edibles, if the marijuana processing site processes marijuana into cannabinoid edibles; (b) Cannabinoid concentrates, if…
ORS 475C.827 Prohibition against transferring medical cannabinoid products, concentrates and extracts to certain persons; exceptions
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(1)(a) Except as provided in paragraph (b) of this subsection, a marijuana processing site may not transfer medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts to a person other than another marijuana processing site or a medical marijuana dispensary. (…
ORS 475C.830 Exception to registration requirement
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ORS 475C.815 does not apply to a registry identification cardholder or a person who has been designated as a primary caregiver under ORS 475C.789 who processes a medical cannabinoid product or a cannabinoid concentrate for a registry identification cardholder. [Formerly 475B.855]…
ORS 475C.831 Legal address and ownership of premises used for marijuana production, processing; owner consent; rules
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(1) The Oregon Health Authority may not issue a marijuana grow site registration under ORS 475C.792 or a marijuana processing site registration under ORS 475C.815 unless the applicant submits with the application a statement accurately identifying the legal address and owner of t…
ORS 475C.833 Medical marijuana dispensary registration system; fees; rules
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(1)(a) The Oregon Health Authority shall establish by rule a medical marijuana dispensary registration system for the purpose of tracking and regulating the transfer of: (A) Usable marijuana, immature marijuana plants and seeds from registry identification cardholders, designated…
ORS 475C.837 Authority to require fingerprints of applicants and other individuals
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For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475C.833. The powers conferred on the authority under this sectio…
ORS 475C.840 Medical marijuana dispensary located within 1,000 feet of prekindergarten, kindergarten or school
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Notwithstanding ORS 475C.833 (3)(d), a medical marijuana dispensary may be located within 1,000 feet of a building described in ORS 475C.833 (3)(d) if: (1)(a) The medical marijuana dispensary is not located within 500 feet of: (A) A building where a public prekindergarten or kind…
ORS 475C.843 Duty to submit dispensing data to Oregon Health Authority; rules
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(1) The Oregon Health Authority shall require by rule a medical marijuana dispensary to submit to the authority for inclusion in the database developed and maintained pursuant to ORS 475C.856 the following information: (a) The amount of usable marijuana transferred to and by the …
ORS 475C.847 Establishment of school or other building after registration
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If a building described in ORS 475C.833 (3)(d) that has not previously been attended by children is established within 1,000 feet of a medical marijuana dispensary, the medical marijuana dispensary may remain at its current location unless the Oregon Health Authority revokes the …
ORS 475C.850 Receipt of marijuana by nonprofit dispensary; dispensation to certain cardholders; rules
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(1) In addition to the powers granted nonprofit corporations under ORS 65.077 and 65.081, a medical marijuana dispensary that is owned by a nonprofit corporation organized under ORS chapter 65 may receive by gift, devise or bequest: (a) Usable marijuana, immature marijuana plants…
ORS 475C.853 Oregon Health Authority telephone hotline
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(1) The Oregon Health Authority shall maintain a telephone hotline for the following persons to inquire if an address is the location of a marijuana grow site, marijuana processing site or medical marijuana dispensary or is the proposed location of a marijuana grow site, marijuan…
ORS 475C.856 Database of information related to production, processing and dispensing
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(1) The Oregon Health Authority shall develop and maintain a database of information related to the production of marijuana by persons designated to produce marijuana by a registry identification cardholder, the processing of marijuana by a marijuana processing site under ORS 475…
ORS 475C.859 Database of information related to cardholders
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(1)(a) The Oregon Health Authority shall establish and maintain a list of: (A) The names of persons to whom a registry identification card has been issued under ORS 475C.783; (B) The names of persons designated as primary caregivers under ORS 475C.789; and (C) The addresses of ma…
ORS 475C.862 Confidentiality of personally identifiable information
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(1) Any personally identifiable information, as defined in ORS 432.005, other than a name of an individual or an address submitted with an application under ORS 475C.815 or 475C.833, that the Oregon Health Authority collects and maintains for purposes of registering a marijuana g…
ORS 475C.865 Disclosure of personally identifiable information upon revocation or suspension of registration
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Notwithstanding ORS 475C.862, if the Oregon Health Authority suspends or revokes the registration of the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site or a medical marijuana dispensary, or othe…
ORS 475C.868 Oregon Health Authority electronic system; requirements; confidentiality
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(1) Except as provided in subsection (5) of this section, the Oregon Health Authority shall establish, maintain and operate an electronic system for the keeping of information received by the authority under ORS 475C.783 and 475C.792 or information included on a registry identifi…
ORS 475C.871 Use of Oregon Liquor and Cannabis Commission tracking system; distribution from Oregon Marijuana Account; exemptions; fees; rules
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(1) The Oregon Health Authority shall enter into an agreement with the Oregon Liquor and Cannabis Commission under which the commission shall use the system developed and maintained under ORS 475C.177 to track: (a) The propagation of immature marijuana plants and the production o…
ORS 475C.874 Authority to designate responsibility for site or dispensary to another person
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(1) A person responsible for a marijuana processing site, or a person responsible for a medical marijuana dispensary, may designate that responsibility to another person. (2) If a designation is made under this section, the designee must submit to the Oregon Health Authority proo…
ORS 475C.877 Authority to assign responsibility for site or dispensary to another person
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(1) A person responsible for a marijuana processing site, or a person responsible for a medical marijuana dispensary, may assign that responsibility to another person. (2) If an assignment is made under this section, the assignee must submit to the Oregon Health Authority proof t…
ORS 475C.880 Rights of secured parties
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(1) In the event that a marijuana processing site or a medical marijuana dispensary is foreclosed or otherwise ceases operations as described in ORS chapter 79A, a secured party, as defined in ORS 79A.1020, may continue operations at the marijuana processing site or medical marij…
ORS 475C.883 Exemptions from criminal liability
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Except as provided in ORS 475C.886, a person engaged in or assisting in the medical use of marijuana is exempt from the criminal laws of this state for possession, delivery or manufacture of marijuana, aiding and abetting another in the possession, delivery or manufacture of mari…
ORS 475C.886 Exceptions to exemption from criminal liability
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A person is not exempt from the criminal laws of this state for possession, delivery or manufacture of marijuana, aiding and abetting another in the possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of mar…
ORS 475C.889 Affirmative defense
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(1) Except as provided in ORS 475C.886, a person has an affirmative defense to a criminal charge of possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element, if the person charged with …
ORS 475C.891 Prohibition against taking disciplinary action against attending provider
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The Oregon Board of Naturopathic Medicine, Oregon Medical Board and Oregon State Board of Nursing may not impose a civil penalty or take other disciplinary action against an attending provider for: (1) Advising a person diagnosed as having a debilitating medical condition by the …
ORS 475C.892 Prohibition against taking disciplinary action against professional licensee; right to administer marijuana for medical purposes
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(1) A professional licensing board may not impose a civil penalty or take other disciplinary action against a licensee based on the licensees medical use of marijuana under the provisions of ORS 475C.770 to 475C.919 or actions taken by the licensee pursuant to the licensees des…
ORS 475C.894 Authority to investigate; rights related to seized property
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(1) Registration under ORS 475C.770 to 475C.919 or possession of proof of registration under ORS 475C.770 to 475C.919 does not constitute probable cause to search the person or property of the registrant or otherwise subject the person or property of the registrant to inspection …
ORS 475C.895 Civil penalty for violating ORS 475C.770 to 475C.919
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(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.770 to 475C.919, or for each violation of a rule adopted under a provision of ORS 475C.770 to 475C.919, a civil penalty that doe…
ORS 475C.897 Local time, place and manner regulations
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(1) For purposes of this section, reasonable regulations includes: (a) Reasonable limitations on the hours during which the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site or a medical marijuan…