2015 ORS 475B.080¹
Issuing marijuana production licenses to marijuana grow sites registered under Oregon Medical Marijuana Act
  • rules

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This section is repealed
Effective March 29, 2016
Relating to cannabis; creating new provisions; amending ORS 336.241, 475B.015, 475B.070, 475B.090, 475B.100, 475B.110, 475B.160, 475B.245, 475B.285, 475B.345, 475B.375, 475B.450, 475B.625, 475B.730 and 475B.750 and section 2, chapter 784, Oregon Laws 2015; repealing ORS 475B.080; and declaring an emergency.

(1) A person responsible for a marijuana grow site under ORS 475B.420 (Marijuana grow site registration system) may apply for a license under ORS 475B.070 (Production license) to produce marijuana at the address of the marijuana grow site, provided that all individuals registered with the Oregon Health Authority to produce marijuana at the address are listed on the application submitted to the Oregon Liquor Control Commission under ORS 475B.040 (Application process for all licensees).

(2) Notwithstanding any other provision of ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395), the commission may issue a license under ORS 475B.070 (Production license) to a person responsible for a marijuana grow site under ORS 475B.420 (Marijuana grow site registration system) if the person responsible for the marijuana grow site:

(a) Meets any criminal background check requirements established by the commission by rule;

(b) Agrees to be subject to the provisions of ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395), including ORS 475B.063 (Duty to request land use compatibility statement), 475B.340 (Local time, place and manner regulations) and 475B.370 (Marijuana as crop), and rules adopted under ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395), that apply to marijuana producers; and

(c) Submits proof, in a form and manner prescribed by the commission, of having obtained the permission to apply for licensure under ORS 475B.070 (Production license) of each individual who holds a registry identification card issued under ORS 475B.415 (Registry identification cardholders) for whom the person produces marijuana at the address of the marijuana grow site.

(3) The commission by rule or order may waive the application of any rule adopted under ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395) to a person responsible for a marijuana grow site that holds a license under ORS 475B.070 (Production license).

(4) A person responsible for a marijuana grow site that holds a license under ORS 475B.070 (Production license):

(a) May not possess more than the amount or number of marijuana plants permitted pursuant to ORS 475B.400 (Findings) to 475B.525 (Authority to adopt rules for ORS 475B.400 to 475B.525);

(b) Must allow each marijuana plant to be tracked using the system developed and maintained under ORS 475B.150 (Duty to develop and maintain system for tracking transfer of marijuana items);

(c) May sell immature marijuana plants and usable marijuana in excess of amounts produced for individuals who hold a registry identification card issued under ORS 475B.415 (Registry identification cardholders) to a person who holds a license under ORS 475B.090 (Processor license), 475B.100 (Wholesale license) or 475B.110 (Retail license), in accordance with rules adopted by the commission; and

(d) May transfer marijuana and usable marijuana to other registrants under ORS 475B.400 (Findings) to 475B.525 (Authority to adopt rules for ORS 475B.400 to 475B.525) in accordance with rules adopted by the authority.

(5) In a form and manner prescribed by the commission, a person responsible for a marijuana grow site that holds a license under ORS 475B.070 (Production license) may surrender the person’s license. If the person surrenders the person’s license, the person is no longer subject to the provisions of this section.

(6) Notwithstanding ORS 475B.460 (Database of information related to cardholders), the authority may provide information to the commission as is necessary for the commission to determine whether a person responsible for a marijuana grow site that holds a license under ORS 475B.070 (Production license) is in compliance with this section.

(7) This section does not prohibit or otherwise restrict the duties, functions and powers of a person responsible for a marijuana grow site as set forth in ORS 475B.400 (Findings) to 475B.525 (Authority to adopt rules for ORS 475B.400 to 475B.525), except that the person is not subject to any requirement related to the reporting or tracking of mature marijuana plants and usable marijuana. [2015 c.614 §116]


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.