Definitions for ORS 475B.010 to 475B.545
As used in ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545):
(1) Cannabinoid means any of the chemical compounds that are the active constituents derived from marijuana.
(2) 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 water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol;
(c) A chemical extraction process using 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 Liquor Control Commission, in consultation with the Oregon Health Authority, by rule.
(3) Cannabinoid edible means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated.
(4) 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 carbon dioxide, if the process uses high heat or pressure; or
(c) Any other process identified by the commission, in consultation with the authority, by rule.
(5)(a) Cannabinoid product means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers.
(b) 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 (Definitions for ORS 571.260 to 571.348).
(6) Consumer means a person who purchases, acquires, owns, holds or uses marijuana items other than for the purpose of resale.
(7) Deliver means the actual, constructive or attempted transfer from one person to another of a marijuana item, whether or not there is an agency relationship.
(8) Designated primary caregiver has the meaning given that term in ORS 475B.791 (Definitions for ORS 475B.785 to 475B.949).
(9)(a) Financial consideration means value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations.
(b) Financial consideration does not include marijuana, cannabinoid products or cannabinoid concentrates that are delivered within the scope of and in compliance with ORS 475B.301 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery).
(10) Homegrown means grown by a person 21 years of age or older for noncommercial purposes.
(11) Household means a housing unit and any place in or around a housing unit at which the occupants of the housing unit are producing, processing, possessing or storing homegrown marijuana, cannabinoid products, cannabinoid concentrates or cannabinoid extracts.
(12) Housing unit means a house, an apartment or a mobile home, or a group of rooms or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building and that has direct access from the outside of the building or through a common hall.
(13) Immature marijuana plant means a marijuana plant that is not flowering.
(15) Licensee representative means an owner, director, officer, manager, employee, agent or other representative of a licensee, to the extent that the person acts in a representative capacity.
(16)(a) Manufacture means producing, propagating, preparing, compounding, converting or processing a marijuana item, either directly or indirectly, by extracting from substances of natural origin.
(b) Manufacture includes any packaging or repackaging of a marijuana item or the labeling or relabeling of a container containing a marijuana item.
(17)(a) Marijuana means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and marijuana seeds.
(b) Marijuana does not include:
(A) Industrial hemp, as defined in ORS 571.269 (Definitions for ORS 571.260 to 571.348); or
(B) Prescription drugs, as that term is defined in ORS 689.005 (Definitions), 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 (Definitions).
(18) Marijuana flowers means the flowers of the plant genus Cannabis within the plant family Cannabaceae.
(19) Marijuana items means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.
(20) Marijuana leaves means the leaves of the plant genus Cannabis within the plant family Cannabaceae.
(21) Marijuana processor means a person that processes marijuana items in this state.
(22) Marijuana producer means a person that produces marijuana in this state.
(23) Marijuana retailer means a person that sells marijuana items to a consumer in this state.
(24)(a) Marijuana seeds means the seeds of the plant Cannabis family Cannabaceae.
(b) Marijuana seeds does not include the seeds of industrial hemp, as defined in ORS 571.269 (Definitions for ORS 571.260 to 571.348).
(25) Marijuana wholesaler means a person that purchases marijuana items in this state for resale to a person other than a consumer.
(26) Mature marijuana plant means a marijuana plant that is not an immature marijuana plant.
(27) Medical grade cannabinoid product, cannabinoid concentrate or cannabinoid extract means a cannabinoid product, cannabinoid concentrate or cannabinoid extract that has a concentration of tetrahydrocannabinol that is permitted under ORS 475B.625 (Concentration and servings limits) in a single serving of the cannabinoid product, cannabinoid concentrate or cannabinoid extract for consumers who hold a valid registry identification card issued under ORS 475B.797 (Registry identification cardholders).
(28) Medical purpose means a purpose related to using usable marijuana, cannabinoid products, cannabinoid concentrates or cannabinoid extracts to mitigate the symptoms or effects of a debilitating medical condition, as defined in ORS 475B.791 (Definitions for ORS 475B.785 to 475B.949).
(29) Noncommercial means not dependent or conditioned upon the provision or receipt of financial consideration.
(30)(a) Premises includes the following areas of a location licensed under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545):
(A) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms;
(B) All areas outside a building that the commission has specifically licensed for the processing, wholesale sale or retail sale of marijuana items; and
(C) For a location that the commission has specifically licensed for the production of marijuana outside a building, that portion of the location used to produce marijuana.
(b) Premises does not include a primary residence.
(31)(a) Processes means the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts.
(b) Processes does not include packaging or labeling.
(32)(a) Produces means the manufacture, planting, cultivation, growing or harvesting of marijuana.
(b) Produces does not include:
(A) The drying of marijuana by a marijuana processor, if the marijuana processor is not otherwise producing marijuana; or
(B) The cultivation and growing of an immature marijuana plant by a marijuana processor, marijuana wholesaler or marijuana retailer if the marijuana processor, marijuana wholesaler or marijuana retailer purchased or otherwise received the plant from a licensed marijuana producer.
(33) Propagate means to grow immature marijuana plants or to breed or produce marijuana seeds.
(34) Public place means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and areas used in connection with public passenger transportation.
(35) Registry identification cardholder has the meaning given that term in ORS 475B.791 (Definitions for ORS 475B.785 to 475B.949).
(36)(a) Usable marijuana means the dried leaves and flowers of marijuana.
(b) Usable marijuana does not include:
(A) Marijuana seeds;
(B) The stalks and roots of marijuana; or
(C) Waste material that is a by-product of producing or processing marijuana. [2015 c.1 §5; 2015 c.614 §1; 2016 c.24 §63; 2016 c.83 §11; 2017 c.21 §1; 2017 c.183 §46; 2019 c.391 §4]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information