2021 Oregon Revised Statutes
Chapter 475C - Cannabis Regulation
Section 475C.777 - Definitions for 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) A physician assistant licensed under ORS 677.505 to 677.525;
(c) A nurse practitioner licensed under ORS 678.375 to 678.390;
(d) A clinical nurse specialist licensed under ORS 678.370 and 678.372;
(e) A certified registered nurse anesthetist as defined in ORS 678.245; or
(f) A naturopathic physician licensed under ORS chapter 685.
(2) "Cannabinoid" means any of the chemical compounds that are the active constituents of marijuana.
(3) "Cannabinoid concentrate" means a substance obtained by separating cannabinoids from marijuana by:
(a) A mechanical extraction process;
(b) A chemical extraction process using a nonhydrocarbon-based solvent, such as vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol;
(c) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or
(d) Any other process identified by the Oregon Health Authority, in consultation with the Oregon Liquor and Cannabis Commission, by rule.
(4) "Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried leaves or flowers of marijuana have been incorporated.
(5) "Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by:
(a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane;
(b) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or
(c) Any other process identified by the Oregon Health Authority, in consultation with the Oregon Liquor and Cannabis Commission, by rule.
(6) "Debilitating medical condition" means:
(a) Cancer, glaucoma, a degenerative or pervasive neurological condition, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or a side effect related to the treatment of those medical conditions;
(b) A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:
(A) Cachexia;
(B) Severe pain;
(C) Severe nausea;
(D) Seizures, including seizures caused by epilepsy; or
(E) Persistent muscle spasms, including spasms caused by multiple sclerosis;
(c) Post-traumatic stress disorder; or
(d) Any other medical condition or side effect related to the treatment of a medical condition adopted by the Oregon Health Authority by rule or approved by the authority pursuant to a petition filed under ORS 475C.913.
(7)(a) "Delivery" has the meaning given that term in ORS 475.005.
(b) "Delivery" does not include transfer of marijuana by a registry identification cardholder to another registry identification cardholder if no consideration is paid for the transfer.
(8)(a) "Designated primary caregiver" means an individual:
(A) Who is 18 years of age or older;
(B) Who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition; and
(C) Who is designated as the person responsible for managing the well-being of a person who has been diagnosed with a debilitating medical condition on that person’s application for a registry identification card or in other written notification submitted to the authority.
(b) "Designated primary caregiver" does not include a person’s attending provider.
(9) "High heat" means a temperature exceeding 180 degrees.
(10) "Immature marijuana plant" means a marijuana plant that is not flowering.
(11)(a) "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.
(b) "Marijuana" does not include:
(A) Industrial hemp, as defined in ORS 571.269; or
(B) Prescription drugs, as that term is defined in ORS 689.005, including those containing one or more cannabinoids, that are approved by the United States Food and Drug Administration and dispensed by a pharmacy, as defined in ORS 689.005.
(12) "Marijuana grow site" means a location registered under ORS 475C.792 where marijuana is produced for use by a registry identification cardholder.
(13) "Marijuana processing site" means a marijuana processing site registered under ORS 475C.815 or a site for which an applicant has submitted an application for registration under ORS 475C.815.
(14) "Mature marijuana plant" means a marijuana plant that is not an immature marijuana plant.
(15)(a) "Medical cannabinoid product" means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to a person’s skin or hair, that contains cannabinoids or dried leaves or flowers of marijuana.
(b) "Medical cannabinoid product" does not include:
(A) Usable marijuana by itself;
(B) A cannabinoid concentrate by itself;
(C) A cannabinoid extract by itself; or
(D) Industrial hemp, as defined in ORS 571.269.
(16) "Medical marijuana dispensary" means a medical marijuana dispensary registered under ORS 475C.833 or a site for which an applicant has submitted an application for registration under ORS 475C.833.
(17) "Medical use of marijuana" means the production, processing, possession, delivery or administration of marijuana, or use of paraphernalia used to administer marijuana, to mitigate the symptoms or effects of a debilitating medical condition.
(18) "Person designated to produce marijuana by a registry identification cardholder" means a person designated to produce marijuana by a registry identification cardholder under ORS 475C.792 who produces marijuana for a registry identification cardholder at an address other than the address where the registry identification cardholder resides or at an address where more than 12 mature marijuana plants are produced.
(19) "Process" means the compounding or conversion of marijuana into medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts.
(20) "Production" means:
(a) Planting, cultivating, growing, trimming or harvesting marijuana; or
(b) Drying marijuana leaves or flowers.
(21) "Registry identification card" means a document issued by the Oregon Health Authority under ORS 475C.783 that identifies a person authorized to engage in the medical use of marijuana and, if the person has a designated primary caregiver under ORS 475C.789, the person’s designated primary caregiver.
(22) "Registry identification cardholder" means a person to whom a registry identification card has been issued under ORS 475C.783.
(23)(a) "Usable marijuana" means the dried leaves and flowers of marijuana.
(b) "Usable marijuana" does not include:
(A) The seeds, stalks and roots of marijuana; or
(B) Waste material that is a by-product of producing marijuana.
(24) "Written documentation" means a statement signed by the attending provider of a person diagnosed with a debilitating medical condition or copies of the person’s relevant medical records. [Formerly 475B.791]

Structure 2021 Oregon Revised Statutes

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.073 - Marijuana production as nonconforming land use; alterations to premises; continued use requirement.

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.113 - Ordinance allowing delivery of marijuana items to consumers; prohibition on local tax or fee.

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.305 - Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery.

Section 475C.309 - Prohibition against producing, processing, possessing or storing homegrown marijuana or homemade cannabinoid products, extracts.

Section 475C.313 - Prohibition against producing, processing or storing homemade cannabinoid extracts, industrial hemp extracts.

Section 475C.317 - Prohibition against person under 21 years of age possessing, attempting to purchase or purchasing marijuana item; penalty.

Section 475C.321 - Prohibition against producing identification that falsely indicates age; protections for reliance on identification.

Section 475C.325 - Requirements for assessment and treatment under ORS 475C.317.

Section 475C.329 - Prohibition regarding person who is visibly intoxicated; prohibition against allowing consumption of marijuana by person under 21 years of age on private property; penalty.

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.433 - Prohibition against operation of premises for which license issued; petition; election.

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.473 - Prohibition against refusing to perform duties on basis that certain conduct is prohibited by federal law.

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.493 - Regulation of marijuana items as food or other commodity subject to regulation by State Department of Agriculture.

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.572 - Authority of Oregon Liquor and Cannabis Commission over certain persons, license actions.

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.582 - Authority of State Department of Agriculture, Oregon Liquor and Cannabis Commission for certain violations of ORS 475C.540 to 475C.586.

Section 475C.590 - Advisory committee on standards for testing potency of marijuana and marijuana items.

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.648 - Authority of State Department of Agriculture, Oregon Liquor and Cannabis Commission for certain violations of 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.688 - Enforcement; liability; notice of liability; notices of determination and assessment.

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.730 - Requirement to establish county cannabis advisory panel prior to adoption of certain local ordinance.

Section 475C.734 - Suspense account; payment of expenses; crediting balance to 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.770 - Findings.

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.791 - Registry identification cardholder ability to designate certain entities as additional 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.824 - Public health and safety standards for medical cannabinoid products, concentrates and extracts; rules.

Section 475C.827 - Prohibition against transferring medical cannabinoid products, concentrates and extracts to certain persons; exceptions.

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.850 - Receipt of marijuana by nonprofit dispensary; dispensation to certain cardholders; 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.871 - Use of Oregon Liquor and Cannabis Commission tracking system; exemptions; fees; rules.

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.892 - Prohibition against taking disciplinary action against professional licensee; right to administer marijuana for medical purposes.

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.