2015 ORS 475B.025¹
General powers and duties
  • rules

(1) The Oregon Liquor Control Commission has the powers and duties specified in ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395) and the powers necessary or proper to enable the commission to carry out the commission’s duties, functions and powers under ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395). The jurisdiction, supervision, duties, functions and powers of the commission extend to any person who buys, sells, produces, processes, transports or delivers any marijuana items within this state. The commission may sue and be sued.

(2) The duties, functions and powers of the commission in ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395) include the following:

(a) To regulate the purchase, sale, production, processing, transportation and delivery of marijuana items in accordance with the provisions of ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395).

(b) To grant, refuse, suspend or cancel licenses for the sale, processing or production of marijuana items, or other licenses in regard to marijuana items, and to permit, in the commission’s discretion, the transfer of a license between persons.

(c) To investigate and aid in the prosecution of every violation of the statutory laws of this state relating to marijuana items and to cooperate in the prosecution of offenders before any state court of competent jurisdiction.

(d) To adopt, amend or repeal rules as necessary to carry out the intent and provisions of ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395), including rules that the commission considers necessary to protect the public health and safety.

(e) To exercise all powers incidental, convenient or necessary to enable the commission to administer or carry out the provisions of ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395) or any other law of this state that charges the commission with a duty, function or power related to marijuana. Powers described in this paragraph include, but are not limited to:

(A) Issuing subpoenas;

(B) Compelling the attendance of witnesses;

(C) Administering oaths;

(D) Certifying official acts;

(E) Taking depositions as provided by law;

(F) Compelling the production of books, payrolls, accounts, papers, records, documents and testimony; and

(G) Establishing fees in addition to the application, licensing and renewal fees described in ORS 475B.070 (Production license), 475B.090 (Processor license), 475B.100 (Wholesale license) and 475B.110 (Retail license), provided that any fee established by the commission is reasonably calculated not to exceed the cost of the activity for which the fee is charged.

(f) To adopt rules regulating and prohibiting marijuana producers, marijuana processors, marijuana wholesalers and marijuana retailers from advertising marijuana items in a manner:

(A) That is appealing to minors;

(B) That promotes excessive use;

(C) That promotes illegal activity; or

(D) That otherwise presents a significant risk to public health and safety.

(g) To regulate the use of marijuana items for scientific, pharmaceutical, manufacturing, mechanical, industrial and other purposes.

(3) Fees collected pursuant to subsection (2)(e)(G) of this section shall be deposited in the Marijuana Control and Regulation Fund established under ORS 475B.240 (Marijuana Control and Regulation Fund). [2015 c.1 §7; 2015 c.614 §2]


1 Legislative Counsel Committee, CHAPTER 475B—Cannabis Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475B.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.