2017 ORS 475B.139¹
Processing for medical purposes
  • rules

Caution-flag-2-25x25
This section is amended
Effective June 2, 2018
Relating to marijuana; creating new provisions; amending ORS 305.260, 475B.109, 475B.136, 475B.139, 475B.227, 475B.630, 475B.813, 475B.831, 475B.864 and 475B.895 and sections 4 and 5, chapter 613, Oregon Laws 2017; and prescribing an effective date.

(1) To process marijuana for medical purposes, a marijuana processor that holds a license issued under ORS 475B.090 (Processor license) must register with the Oregon Liquor Control Commission under this section.

(2) The commission shall register a marijuana processor for the purpose of processing marijuana for medical purposes if the marijuana processor:

(a) Holds a license issued under ORS 475B.090 (Processor license);

(b) Meets any qualifications adopted by the commission by rule;

(c) Applies to the commission in a form and manner prescribed by the commission; and

(d) Pays any fee adopted by the commission by rule.

(3) A marijuana processor registered under this section may:

(a) Process marijuana and usable marijuana into medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts; and

(b) Notwithstanding ORS 475B.206 (Restrictions on delivery or receipt), receive marijuana and usable marijuana from, and for a fee process that marijuana and usable marijuana into cannabinoid products, cannabinoid concentrates and cannabinoid extracts for, a registry identification cardholder or the designated primary caregiver of a registry identification cardholder, provided that the cannabinoid products, cannabinoid concentrates and cannabinoid extracts meet the requirements of ORS 475B.550 (Definitions for ORS 475B.550 to 475B.590) to 475B.590 (Exemption from criminal liability) and 475B.625 (Dosage requirements).

(4)(a) The commission shall adopt rules necessary to administer this section.

(b) The rules must provide that any fee adopted by the commission under subsection (2)(d) of this section be in an amount reasonably calculated to not exceed, together with other fees collected under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), the cost of administering ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545). [2016 c.83 §3; 2017 c.183 §20]

(formerly 475.300 to 475.346)

Notes of Decisions

Registry identifica­tion cardholder may not confer immunity on per­son other than designated primary caregiver to possess medical marijuana on behalf of cardholder. State v. Fries, 212 Or App 220, 158 P3d 10 (2007), aff’d 344 Or 541, 185 P3d 453 (2008)

Law Review Cita­tions

52 WLR 1 (2015)

1 Legislative Counsel Committee, CHAPTER 475B—Cannabis Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 475B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.