Title 37, Alcoholic Liquors; Controlled Substances; Drugs

(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…

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…

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.770 to 475C.919 shall be known as the Oregon Medical Marijuana Act. [Formerly 475B.788]

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…

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…

(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…

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 …

(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)…

(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…

(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…

(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…

(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…

(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 marijua…

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…

(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.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…

(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…