(b) Except as provided in paragraph (c) of this subsection, a person may not produce marijuana unless the person is registered under this section.
(c) Paragraph (b) of this subsection does not apply to the production of marijuana as provided in ORS 475C.005 to 475C.525 or as otherwise provided for by the statutory laws of this state.
(2) Rules adopted under this section must require an applicant for a registry identification card, or a registry identification cardholder who produces marijuana or who designates another person to produce marijuana, to submit an application to the authority containing the following information at the time of making an application under ORS 475C.783 (2), renewing a registry identification card under ORS 475C.783 (6)(b), or notifying the authority of a change under ORS 475C.783 (6)(a):
(a) The name of the person responsible for the marijuana grow site;
(b) Proof that the person is 21 years of age or older;
(c) If the registry identification cardholder or the person responsible for the marijuana grow site is not the owner of the premises of the marijuana grow site, signed informed consent from the owner of the premises to register the premises as a marijuana grow site;
(d) The address of the marijuana grow site; and
(e) Any other information that the authority considers necessary to track the production of marijuana under ORS 475C.770 to 475C.919.
(3)(a) The authority shall conduct a criminal records check under ORS 181A.195 of any person whose name is submitted under this section as the person responsible for a marijuana grow site.
(b) A person convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II may not act as or be designated a person responsible for a marijuana grow site for two years from the date of conviction.
(c) A person convicted more than once of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II may not act as or be designated a person responsible for a marijuana grow site.
(4) Subject to subsection (11) of this section, the authority shall issue a marijuana grow site registration card if the requirements of subsections (2) and (3) of this section are met.
(5) A person who holds a marijuana grow site registration card under this section must display the card at the marijuana grow site at all times.
(6) A marijuana grow site registration card must be obtained and posted for each registry identification cardholder for whom marijuana is being produced at a marijuana grow site.
(7)(a) All seeds, immature marijuana plants, mature marijuana plants and usable marijuana associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site are the property of the registry identification cardholder.
(b) All seeds, immature marijuana plants, mature marijuana plants and usable marijuana associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site must be transferred to the registry identification cardholder upon the request of the registry identification cardholder.
(c) All usable marijuana associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site must be transferred to a marijuana processing site upon the request of the registry identification cardholder. For purposes of this paragraph, a request to transfer usable marijuana constitutes an assignment of the right to possess the usable marijuana.
(d) All seeds, immature marijuana plants and usable marijuana associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site must be transferred to a medical marijuana dispensary upon request of the registry identification cardholder. For purposes of this paragraph, a request to transfer seeds, immature marijuana plants or usable marijuana constitutes an assignment of the right to possess the seeds, immature marijuana plants or usable marijuana.
(e) Information related to transfers made under this subsection must be submitted to the authority in the manner required by ORS 475C.795.
(8) A registry identification cardholder, or the designated caregiver of a registry identification cardholder, may reimburse a person responsible for a marijuana grow site for all costs associated with the production of marijuana for the registry identification cardholder.
(9) The authority may inspect:
(a) The marijuana grow site of a person designated to produce marijuana by a registry identification cardholder to ensure compliance with this section and ORS 475C.795 and 475C.806 and any rule adopted under this section and ORS 475C.795 and 475C.806; and
(b) The records of the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder to ensure compliance with this section and ORS 475C.795 and any rule adopted under this section and ORS 475C.795.
(10) The authority may refuse to register a registry identification cardholder or a designee under this section or may suspend or revoke the registration of a person responsible for a marijuana grow site if the authority determines that the applicant or the person responsible for a marijuana grow site violated a provision of ORS 475C.770 to 475C.919, a rule adopted under ORS 475C.770 to 475C.919 or an ordinance adopted pursuant to ORS 475C.827.
(11) The authority may require a person responsible for a marijuana grow site, prior to issuing a marijuana grow site registration card under subsection (4) of this section, to pay a fee reasonably calculated to pay costs incurred under this section and ORS 475C.795 and 475C.856. [Formerly 475B.810]
Note: Section 8, chapter 103, Oregon Laws 2018, provides:
Sec. 8. The fact that a marijuana grow site registered under ORS 475B.810 [renumbered 475C.792] is subject to the provisions of ORS 475B.895 [renumbered 475C.871] does not, by itself, mean that the marijuana grow site is a commercial operation for purposes of state law. [2018 c.103 ยง8]
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.