2017 ORS 475B.167¹
Duty to develop procedures to transfer from registration to license
  • rules

(1) The Oregon Liquor Control Commission shall adopt by rule procedures by which:

(a) A person responsible for a marijuana grow site registered under ORS 475B.810 (Marijuana grow site registration system), or, if multiple persons responsible for a marijuana grow site registered under ORS 475B.810 (Marijuana grow site registration system) are located at the same address, each person responsible for a marijuana grow site located at the address, may apply for a license under ORS 475B.070 (Production license) to transition from being registered by the Oregon Health Authority to being licensed by the commission;

(b) A marijuana processing site registered under ORS 475B.840 (Marijuana processing site registration system) may apply for a license under ORS 475B.090 (Processor license) to transition from being registered by the authority to being licensed by the commission; and

(c) A medical marijuana dispensary registered under ORS 475B.858 (Medical marijuana dispensary registration system) may apply for a license under ORS 475B.105 (Retail license) to transition from being registered by the authority to being licensed by the commission.

(2)(a) In adopting rules under this section, the commission shall adopt, at a minimum, procedures by which the inventory possessed by a person responsible for a marijuana grow site, a marijuana processing site or a medical marijuana dispensary on the date on which the person responsible for a marijuana grow site, the marijuana processing site or the medical marijuana dispensary is first subject to tracking by the commission under ORS 475B.177 (Duty to develop and maintain system for tracking transfer of marijuana items):

(A) May be delivered to a premises for which a license has been issued under ORS 475B.090 (Processor license), 475B.100 (Wholesale license) or 475B.105 (Retail license); or

(B) May be sold to consumers by marijuana retailers that hold a license under ORS 475B.105 (Retail license).

(b) Procedures adopted under this subsection must require a person responsible for a marijuana grow site registered under ORS 475B.810 (Marijuana grow site registration system), or, if multiple persons responsible for a marijuana grow site registered under ORS 475B.810 (Marijuana grow site registration system) are located at the same address, each person responsible for a marijuana grow site located at the address, to return to an individual to whom a registry identification card has been issued under ORS 475B.797 (Registry identification cardholders), and for whom the person or persons are producing marijuana, all the marijuana and usable marijuana owned by the individual, except as otherwise allowed under a personal agreement entered into under ORS 475B.822 (Personal agreements), at the time that the person or the persons receive a license under ORS 475B.070 (Production license). [2016 c.24 §25]

(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.