(2) The authority shall issue a registry identification card to an applicant who is 18 years of age or older if the applicant pays a fee in an amount established by the authority by rule and submits to the authority an application containing the following information:
(a) Written documentation from the applicant’s attending provider stating that the attending provider has diagnosed the applicant as having a debilitating medical condition and that the medical use of marijuana may mitigate the symptoms or effects of the applicant’s debilitating medical condition;
(b) The name, address and date of birth of the applicant;
(c) The name, address and telephone number of the applicant’s attending provider;
(d) Proof of residency, submitted in a form required by the authority by rule;
(e) The name and address of the applicant’s designated primary caregiver, if the applicant is designating a primary caregiver under ORS 475C.789; and
(f) The information described in ORS 475C.792 (2), if the applicant is applying to produce marijuana or designate another person under ORS 475C.792 to produce marijuana.
(3)(a) The authority shall issue a registry identification card to an applicant who is under 18 years of age if:
(A) The applicant pays the fee and submits the application described in subsection (2) of this section; and
(B) The custodial parent or legal guardian who is responsible for the health care decisions of the applicant signs and submits to the authority a written statement that:
(i) The applicant’s attending provider has explained to the applicant and to the custodial parent or legal guardian the possible risks and benefits of the medical use of marijuana;
(ii) The custodial parent or legal guardian consents to the medical use of marijuana by the applicant;
(iii) The custodial parent or legal guardian agrees to serve as the applicant’s designated primary caregiver; and
(iv) The custodial parent or legal guardian agrees to control the acquisition, dosage and frequency of the medical use of marijuana by the applicant.
(b) An applicant who is under 18 years of age may not apply to produce marijuana under subsection (2)(f) of this section.
(4) The authority shall:
(a) On the date on which the authority receives an application described in subsection (2) of this section, issue a receipt to the applicant verifying that the authority received an application under subsection (2) or (3) of this section; and
(b) Approve or deny an application received under subsection (2) or (3) of this section within 30 days after receiving the application.
(5)(a) If the authority approves an application, the authority shall issue a serially numbered registry identification card to the applicant within five days after approving the application. The registry identification card must include the following information:
(A) The registry identification cardholder’s name, address and date of birth;
(B) The issuance date and expiration date of the registry identification card;
(C) If the registry identification cardholder designated a primary caregiver under ORS 475C.789, the name and address of the registry identification cardholder’s designated primary caregiver; and
(D) Any other information required by the authority by rule.
(b) If the registry identification cardholder designated a primary caregiver under ORS 475C.789, the authority shall issue an identification card to the designated primary caregiver. The identification card must contain the information required by paragraph (a) of this subsection.
(6) A registry identification cardholder shall:
(a) In a form and manner prescribed by the authority, notify the authority of any change concerning the registry identification cardholder’s:
(A) Name, address or attending provider;
(B) Designated primary caregiver, including the designation of a primary caregiver made at a time other than at the time of applying for or renewing a registry identification card; or
(C) Person responsible for a marijuana grow site, including the designation of a person responsible for a marijuana grow site made at a time other than at the time of applying for or renewing a registry identification card.
(b) Annually renew the registry identification card by paying a fee in an amount established by the authority by rule and submitting to the authority an application that contains the following information:
(A) Updated written documentation from the registry identification cardholder’s attending provider stating that the registry identification cardholder still has a debilitating medical condition and that the medical use of marijuana may mitigate the symptoms or effects of the registry identification cardholder’s debilitating medical condition;
(B) The information described in subsection (2)(b) to (f) of this section; and
(C) If the registry identification cardholder is under 18 years of age, a statement signed by the custodial parent or legal guardian of the registry identification cardholder that meets the requirements of subsection (3) of this section.
(7) The authority shall:
(a) On the date on which the authority receives an application described in subsection (2) of this section, issue a receipt to the applicant verifying that the authority received an application under subsection (6)(b) of this section; and
(b) Approve or deny an application received under subsection (6)(b) of this section within 30 days after receiving the application.
(8)(a) If the registry identification cardholder’s attending provider determines that the registry identification cardholder no longer has a debilitating medical condition, or determines that the medical use of marijuana is contraindicated for the registry identification cardholder’s debilitating medical condition, the registry identification cardholder shall return the registry identification card to the authority within 30 calendar days after receiving notice of the determination.
(b) If, because of circumstances beyond the control of the registry identification cardholder, a registry identification cardholder is unable to obtain a second medical opinion about the registry identification cardholder’s continuing eligibility for the medical use of marijuana before having to return the registry identification card to the authority, the authority may grant the registry identification cardholder additional time to obtain a second medical opinion.
(9)(a) The authority may deny an application for a registry identification card or an application to renew a registry identification card, or may suspend or revoke a registry identification card, if:
(A) The applicant or registry identification cardholder does not provide the information required by this section;
(B) The authority determines that the applicant or registry identification cardholder provided false information; or
(C) The authority determines that the applicant or registry identification cardholder violated a provision of ORS 475C.770 to 475C.919 or a rule adopted under ORS 475C.770 to 475C.919.
(b) If a registry identification card is revoked, any associated identification card issued under subsection (5)(b) of this section, or marijuana grow site registration card issued under ORS 475C.792 (6), shall also be revoked.
(c) A person whose application is denied, or whose registry identification card is revoked, under this subsection may not reapply for a registry identification card for six months from the date of the denial or revocation unless otherwise authorized by the authority.
(10)(a) The authority may deny a designation of a primary caregiver made under ORS 475C.789, or suspend or revoke an associated identification card issued under subsection (5)(b) of this section, if the authority determines that the designee or the registry identification cardholder violated a provision of ORS 475C.770 to 475C.919 or a rule adopted under ORS 475C.770 to 475C.919.
(b) A person whose designation has been denied, or whose identification card has been revoked, under this subsection may not be designated as a primary caregiver under ORS 475C.789 for six months from the date of the denial or revocation unless otherwise authorized by the authority.
(11)(a) Notwithstanding subsection (2) or (6)(b) of this section, if an applicant for a registry identification card, or a registry identification cardholder applying for renewal of a registry identification card, submits to the authority proof of having served in the Armed Forces of the United States, the authority:
(A) May not impose a fee that is greater than $20 for the issuance or renewal of the registry identification card; and
(B) Must waive the fee for the issuance or renewal of the registry identification card if the applicant submits proof of having a United States Department of Veterans Affairs total disability rating of at least 50 percent as a result of an injury or illness that the veteran incurred, or that was aggravated, during active military service and who received a discharge or release under other than dishonorable conditions.
(b) Notwithstanding subsection (6)(b)(A) of this section, the requirement that a registry identification cardholder include in the application to renew a registry identification card updated written documentation from the cardholder’s attending provider regarding the cardholder’s continuing debilitating medical condition does not apply to a service-disabled veteran who:
(A) Has been assigned a total and permanent disability rating for compensation that rates the veteran as unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities as described in 38 C.F.R. 4.16; or
(B) Has a United States Department of Veterans Affairs total disability rating of 100 percent as a result of an injury or illness that the veteran incurred, or that was aggravated, during active military service and who received a discharge or release under other than dishonorable conditions.
(12) For any purpose described in ORS 475C.770 to 475C.919, including exemption from criminal liability under ORS 475C.883, a receipt issued by the authority verifying that an application has been submitted to the authority under subsection (2), (3) or (6)(b) of this section has the same legal effect as a registry identification card for 30 days following the date on which the receipt was issued to the applicant. [Formerly 475B.797]
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.