(2)(a) The authority shall assist the commission in identifying candidates for certification under this section with respect to potential medical research.
(b) The department shall assist the commission in identifying candidates for certification under this section with respect to potential agricultural research.
(3) Subject to subsection (4) of this section, the commission shall adopt by rule or order:
(a) Qualifications for certification under this section;
(b) The term of a certificate issued under this section;
(c) Processes for applying for, receiving and renewing a certificate under this section;
(d) Procedures for tracking marijuana, usable marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts received by and disposed or otherwise made use of by a person that holds a certificate issued under this section; and
(e) Procedures for disposing or otherwise making use of marijuana, usable marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.
(4) In establishing qualifications under subsection (3) of this section, the commission shall consider the following:
(a) A research applicant’s access to funding and the overall cost of the proposed research;
(b) The overall benefit of an applicant’s proposed research to this state’s cannabis industry or to public health and safety; and
(c) Legal barriers to conducting the proposed research or legal risks associated with conducting the proposed research.
(5) In adopting procedures under subsection (3)(d) and (e) of this section with respect to making use of marijuana, usable marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts, the commission shall also adopt procedures by which a person that holds a certificate issued under this section may transfer limited amounts of marijuana, usable marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts to another person that holds a certificate issued under this section or to a premises for which a license has been issued under ORS 475C.065, 475C.085, 475C.093 or 475C.097.
(6) In adopting procedures under subsection (3)(d) and (e) of this section with respect to making use of marijuana, usable marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts, the commission shall also adopt procedures by which a person that holds a certificate issued under this section may give, devise or bequest usable marijuana, immature marijuana plants, marijuana seeds, cannabinoid products, cannabinoid concentrates and cannabinoid extracts to a medical marijuana dispensary registered with the authority under ORS 475C.833 and owned by a nonprofit corporation organized under ORS chapter 65 for purposes described in ORS 475C.850.
(7) A person that holds a certificate issued under this section:
(a) May receive marijuana, usable marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts from a licensee or a registrant under ORS 475C.770 to 475C.919; and
(b) May not sell or otherwise transfer marijuana, usable marijuana, cannabinoid products, cannabinoid concentrates or cannabinoid extracts to any other person, except as provided in this section and rules adopted by the commission under this section.
(8) Except as otherwise provided by the commission by rule, rules adopted under ORS 475C.005 to 475C.525 with respect to licensees and licensee representatives apply to persons that hold a certificate issued under this section and persons employed by or who otherwise perform work for persons that hold a certificate issued under this section.
(9) A person that holds a certificate issued under this section, and an employee of or other person who performs work for a person that holds a certificate issued under this section, is exempt from the criminal laws of this state for possession, delivery or manufacture of marijuana, aiding and abetting another in the possession, delivery and manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element, while performing activities related to conducting research as described in this section. [Formerly 475B.286]
Note: Section 25, chapter 23, Oregon Laws 2016, provides:
Sec. 25. The Oregon Health Authority shall solicit proposals through a competitive process for the purpose of choosing one or more entities to conduct research for the purpose of developing public health and safety standards for consumers of marijuana and marijuana-derived products. [2016 c.23 §25]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 475C - Cannabis Regulation
Section 475C.001 - Purposes of ORS 475C.005 to 475C.525.
Section 475C.009 - Definitions for ORS 475C.005 to 475C.525.
Section 475C.013 - Construction of ORS 475C.005 to 475C.525.
Section 475C.017 - General powers and duties; rules.
Section 475C.025 - Powers related to decedents and insolvent or bankrupt persons; rules.
Section 475C.033 - Application process for all licensees; rules.
Section 475C.037 - Grounds for refusing to issue license or issuing restricted license.
Section 475C.041 - Authority to require fingerprints of applicants and other individuals.
Section 475C.045 - Properties of license.
Section 475C.049 - Duties of Oregon Liquor and Cannabis Commission with respect to issuing licenses.
Section 475C.053 - Duty to request land use compatibility statement.
Section 475C.061 - Authority to hold multiple licenses.
Section 475C.065 - Production license; fees; rules.
Section 475C.069 - Exemption from requirement to obtain land use compatibility statement.
Section 475C.077 - Marijuana plant grow canopies; rules.
Section 475C.081 - Permissible delivery and receipt by marijuana producer and marijuana processor.
Section 475C.085 - Processor license; fees; rules.
Section 475C.089 - Cannabinoid concentrate; kief.
Section 475C.093 - Wholesale license; fees; rules.
Section 475C.097 - Retail license; sale of medical grade items; fees; rules.
Section 475C.101 - Proximity of marijuana retailer to school.
Section 475C.117 - Delivery of marijuana items to consumer; requirements; limitations; rules.
Section 475C.121 - Exclusively medical licensee designation for marijuana producer.
Section 475C.125 - Exclusively medical licensee designation for marijuana processor.
Section 475C.129 - Exclusively medical licensee designation for marijuana wholesaler.
Section 475C.133 - Exclusively medical licensee designation for marijuana retailer.
Section 475C.137 - Production for medical purposes; rules.
Section 475C.141 - Processing for medical purposes; rules.
Section 475C.145 - Wholesale selling for medical purposes; rules.
Section 475C.149 - Retail selling for medical purposes; rules.
Section 475C.157 - Authority to inspect books and premises; notice.
Section 475C.161 - Authority to require segregation of premises.
Section 475C.169 - Duty to develop procedures to transfer from registration to license; rules.
Section 475C.177 - Duty to develop and maintain system for tracking transfer of marijuana items.
Section 475C.185 - Authority to discipline for unregulated commerce; licensing requirements.
Section 475C.189 - Authority to require financial disclosure from licensee.
Section 475C.193 - Authority to investigate, discipline licensees.
Section 475C.197 - Authority to investigate, discipline permit holder.
Section 475C.205 - Restrictions on delivery or receipt; waiver by commission.
Section 475C.209 - Transport of marijuana item by licensee.
Section 475C.217 - Identification requirement; rules.
Section 475C.221 - Identification for purchasing; restrictions on use of information.
Section 475C.225 - Prohibition against employing persons under 21 years of age.
Section 475C.229 - Prohibition against importing or exporting marijuana items.
Section 475C.233 - Prohibition against obfuscating mark or label or using mark or label to deceive.
Section 475C.237 - Requirement that marijuana items comply with minimum standards.
Section 475C.241 - Prohibition against certain licensees possessing mature marijuana plants.
Section 475C.245 - Other prohibitions.
Section 475C.249 - Purpose of license issued under ORS 475C.005 to 475C.525.
Section 475C.253 - Labeling of industrial hemp commodity or product.
Section 475C.257 - Prohibition against sale of certain marijuana items; rules.
Section 475C.265 - Grounds for revocation, suspension or restriction of license or permit.
Section 475C.269 - Permit required to perform work for or on behalf of marijuana retailer.
Section 475C.273 - Issuing, renewing permits; fees; rules.
Section 475C.281 - Right of employees to organize.
Section 475C.285 - Whistleblower protection for employees.
Section 475C.289 - Certification of cannabis researchers; rules.
Section 475C.293 - Authority to require fingerprints of applicants and other individuals.
Section 475C.301 - Enforcement authority of regulatory specialist.
Section 475C.325 - Requirements for assessment and treatment under ORS 475C.317.
Section 475C.333 - Prohibition against giving marijuana item as prize; penalty.
Section 475C.337 - Unlawful possession by person 21 years of age or older.
Section 475C.341 - Unlawful possession by person under 21 years of age.
Section 475C.345 - Unlawful delivery of marijuana item.
Section 475C.349 - Unlawful manufacture of marijuana item.
Section 475C.353 - Classification of felony under ORS 475C.337, 475C.341, 475C.345 and 475C.349.
Section 475C.357 - Arson incident to manufacture of cannabinoid extract in first degree.
Section 475C.361 - Arson incident to manufacture of cannabinoid extract in second degree.
Section 475C.365 - Causing another person to ingest marijuana.
Section 475C.369 - Administration to another person under 18 years of age.
Section 475C.373 - Unlawful sale or delivery of marijuana paraphernalia.
Section 475C.377 - Prohibition against using marijuana item in public place.
Section 475C.385 - Effect of crime under federal law or law of another state.
Section 475C.389 - Protection for person obtaining assistance for cannabis-related overdose.
Section 475C.393 - Affirmative defense.
Section 475C.397 - Order setting aside qualifying marijuana conviction.
Section 475C.417 - Seizure of marijuana items by law enforcement personnel.
Section 475C.441 - Ordinance prohibiting possession.
Section 475C.449 - Local time, place and manner regulations.
Section 475C.453 - Local tax or fee; referral to electors for approval.
Section 475C.457 - Repeal of city, county ordinance that prohibits certain establishments.
Section 475C.485 - Authority of Governor to suspend license, certificate or permit without notice.
Section 475C.489 - Marijuana as crop; exceptions to permitted uses.
Section 475C.497 - Exceptions from applicability of ORS 475C.005 to 475C.525.
Section 475C.509 - Oregon Liquor and Cannabis Commission hotline for verification of license.
Section 475C.513 - Transport of marijuana items to trade show; rules.
Section 475C.517 - Certain information related to licensure exempt from disclosure.
Section 475C.521 - Governor agreements with Indian tribes; requirements.
Section 475C.525 - Severability of ORS 475C.005 to 475C.525.
Section 475C.529 - Duty to report to Legislative Assembly.
Section 475C.540 - Definitions for ORS 475C.540 to 475C.586.
Section 475C.544 - Testing standards and processes; rules.
Section 475C.548 - Laboratory licensure; qualifications; fees; rules.
Section 475C.552 - Authority to require fingerprints of applicants and other individuals.
Section 475C.556 - Statement of applicant for license under ORS 475C.548.
Section 475C.560 - Laboratory accreditation; qualifications; fees; rules.
Section 475C.564 - Applicability of ORS 475C.540 to 475C.586.
Section 475C.574 - Authority of Oregon Health Authority to discipline registrants of authority.
Section 475C.578 - Civil penalty for violating ORS 475C.540 to 475C.586.
Section 475C.600 - Definitions for ORS 475C.600 to 475C.648.
Section 475C.604 - Labeling requirements; rules.
Section 475C.608 - Authority to require preapproval of labels.
Section 475C.612 - Packaging requirements; rules.
Section 475C.616 - Authority to require preapproval of packaging.
Section 475C.620 - Concentration and servings limits; rules.
Section 475C.624 - Applicability of ORS 475C.600 to 475C.648.
Section 475C.632 - Authority of Oregon Health Authority to inspect.
Section 475C.640 - Authority of Oregon Health Authority to discipline registrants of authority.
Section 475C.644 - Civil penalty for violating ORS 475C.600 to 475C.648.
Section 475C.670 - Definitions for ORS 475C.670 to 475C.734.
Section 475C.674 - Imposition of tax on retail sale of marijuana items.
Section 475C.678 - Exemption from tax on retail sale of marijuana items; rules.
Section 475C.682 - Collection of tax; refund; credit; penalties.
Section 475C.684 - Marijuana revenue estimate.
Section 475C.692 - Duty to keep receipts, invoices and other records.
Section 475C.694 - Authority to require production of books, papers, accounts and other information.
Section 475C.698 - Disclosure of information.
Section 475C.706 - Duty to return excess tax collected.
Section 475C.714 - Duties and powers of Department of Revenue; rules; interagency cooperation.
Section 475C.718 - Department of Revenue tax rebate agreement with qualified Indian tribe.
Section 475C.726 - Oregon Marijuana Account.
Section 475C.738 - Definitions for ORS 475C.738 to 475C.758.
Section 475C.746 - Required disclosure by Oregon Liquor and Cannabis Commission; fees.
Section 475C.750 - Required disclosure by Oregon Health Authority; fees.
Section 475C.754 - Required disclosure by Department of Revenue; fees.
Section 475C.758 - Confidentiality of information.
Section 475C.777 - Definitions for ORS 475C.770 to 475C.919.
Section 475C.780 - Construction of ORS 475C.770 to 475C.919.
Section 475C.783 - Registry identification cardholders; eligibility; fees; rules.
Section 475C.786 - Assistance from designated primary caregiver.
Section 475C.789 - Designated primary caregivers.
Section 475C.792 - Marijuana grow site registration system; fees; rules.
Section 475C.794 - Address of marijuana grow site.
Section 475C.795 - Duty to submit production data to Oregon Health Authority.
Section 475C.797 - Delegation of duty to submit production data; rules.
Section 475C.800 - Transfer of usable marijuana.
Section 475C.806 - Possession limits for plants.
Section 475C.809 - Possession limits for usable marijuana.
Section 475C.815 - Marijuana processing site registration system; fees; rules.
Section 475C.818 - Authority to require fingerprints of applicants and other individuals.
Section 475C.821 - Duty to submit processing data to Oregon Health Authority; rules.
Section 475C.833 - Medical marijuana dispensary registration system; fees; rules.
Section 475C.837 - Authority to require fingerprints of applicants and other individuals.
Section 475C.840 - Medical marijuana dispensary located within 1,000 feet of school.
Section 475C.843 - Duty to submit dispensing data to Oregon Health Authority; rules.
Section 475C.853 - Oregon Health Authority telephone hotline.
Section 475C.856 - Database of information related to production, processing and dispensing.
Section 475C.859 - Database of information related to cardholders.
Section 475C.862 - Confidentiality of personally identifiable information.
Section 475C.868 - Oregon Health Authority electronic system; requirements; confidentiality.
Section 475C.874 - Authority to designate responsibility for site or dispensary to another person.
Section 475C.877 - Authority to assign responsibility for site or dispensary to another person.
Section 475C.880 - Rights of secured parties.
Section 475C.883 - Exemptions from criminal liability.
Section 475C.886 - Exceptions to exemption from criminal liability.
Section 475C.889 - Affirmative defense.
Section 475C.891 - Prohibition against taking disciplinary action against attending provider.
Section 475C.894 - Authority to investigate; rights related to seized property.
Section 475C.895 - Civil penalty for violating ORS 475C.770 to 475C.919.
Section 475C.897 - Local time, place and manner regulations.
Section 475C.907 - Cannabis seeds as propagant of nursery stock.
Section 475C.919 - Authority to adopt rules for ORS 475C.770 to 475C.919.
Section 475C.930 - Oregon Cannabis Commission.
Section 475C.933 - Commission leadership; quorum.
Section 475C.939 - Duties of commission.
Section 475C.950 - Adoption of ordinances; referral to electors for approval.