(b) For purposes of this subsection, purchasing a marijuana item includes accepting a marijuana item, and possessing a marijuana item includes consuming a marijuana item, provided that the consumption of the marijuana item occurred no more than 24 hours before the determination that the person consumed the marijuana item.
(2) Except as authorized by the Oregon Liquor and Cannabis Commission by rule, or as necessary in an emergency, a person under 21 years of age may not enter or attempt to enter any portion of a premises that is posted or otherwise identified as being prohibited to the use of persons under 21 years of age.
(3)(a) Except as provided in paragraph (b) of this subsection, a person who violates subsection (1) or (2) of this section commits a Class B violation.
(b) A person commits a Class A violation if the person violates subsection (1) of this section by reason of possessing a marijuana item while the person is operating a motor vehicle as defined in ORS 801.360.
(4) In addition to and not in lieu of any other penalty established by law:
(a) The court may require a person who violates subsection (1) of this section through misrepresentation of age to perform community service; and
(b) The court shall order that, when a person violates subsection (1) of this section, the person’s driving privileges and right to apply for driving privileges be suspended pursuant to ORS 809.260 and 809.280. The court notification made to the Department of Transportation under this paragraph may include a recommendation that the person be granted a hardship permit under ORS 807.240 if the person is otherwise eligible for the permit.
(5) If a person cited under this section is at least 13 years of age but less than 21 years of age at the time the person is found in default under ORS 153.102 or 419C.472 for failure to appear, in addition to and not in lieu of any other penalty established by law, the court shall issue notice under ORS 809.220 to the department for the department to suspend the person’s driving privileges under ORS 809.280 (4).
(6) In addition to and not in lieu of any penalty established by law, the court may order a person who violates this section to undergo assessment and treatment. The court shall order a person to undergo assessment and treatment if the person has previously been found to have violated this section.
(7) The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of the commission or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of marijuana items to persons who are under 21 years of age.
(8) The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of marijuana items to persons who are under 21 years of age.
(9)(a) A person under 21 years of age is not in violation of, and is immune from prosecution under, this section if:
(A) The person contacted emergency medical services or a law enforcement agency in order to obtain medical assistance for another person who was in need of medical assistance because that person consumed a marijuana item and the evidence of the violation was obtained as a result of the person’s having contacted emergency medical services or a law enforcement agency; or
(B) The person was in need of medical assistance because the person consumed a marijuana item and the evidence of the violation was obtained as a result of the person’s having sought or obtained the medical assistance.
(b) Paragraph (a) of this subsection does not exclude the use of evidence obtained as a result of a person’s having sought medical assistance in proceedings for crimes or offenses other than a violation of this section. [Formerly 475B.316]
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.