2017 ORS 475B.206¹
Restrictions on delivery or receipt
  • waiver by commission

(1) Except as provided in ORS 475B.136 (Production for medical purposes) and 475B.873 (Receipt of marijuana by nonprofit dispensary), a marijuana producer that holds a license issued under ORS 475B.070 (Production license), marijuana processor that holds a license issued under ORS 475B.090 (Processor license) or marijuana wholesaler that holds a license issued under ORS 475B.100 (Wholesale license) may deliver marijuana items only to or on a premises for which a license has been issued under ORS 475B.070 (Production license), 475B.090 (Processor license), 475B.100 (Wholesale license) or 475B.105 (Retail license), or to a registry identification cardholder or designated primary caregiver as allowed under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545).

(2) A licensee to which marijuana items may be delivered under subsection (1) of this section may receive marijuana items only from:

(a) A marijuana producer that holds a license issued under ORS 475B.070 (Production license), marijuana processor that holds a license issued under ORS 475B.090 (Processor license), marijuana wholesaler that holds a license issued under ORS 475B.100 (Wholesale license) or marijuana retailer that holds a license issued under ORS 475B.105 (Retail license);

(b) A researcher of cannabis that holds a certificate issued under ORS 475B.286 (Certification of cannabis researchers) and that transfers limited amounts of marijuana, usable marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts in accordance with procedures adopted under ORS 475B.286 (Certification of cannabis researchers) (3)(d) and (e); or

(c) A marijuana grow site registered under ORS 475B.810 (Marijuana grow site registration system), marijuana processing site registered under ORS 475B.840 (Marijuana processing site registration system), or a medical marijuana dispensary registered under ORS 475B.858 (Medical marijuana dispensary registration system), acting in accordance with procedures adopted by the Oregon Liquor Control Commission under ORS 475B.167 (Duty to develop procedures to transfer from registration to license).

(3) The sale of marijuana items by a marijuana retailer that holds a license issued under ORS 475B.105 (Retail license) must be restricted to the premises for which the license has been issued, but deliveries may be made by a marijuana retailer to consumers pursuant to a bona fide order received at the premises prior to delivery.

(4) The commission may by order waive the requirements of subsections (1) and (2) of this section to ensure compliance with ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or a rule adopted under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545). An order issued under this subsection does not constitute a waiver of any other requirement of ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or any other rule adopted under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545). [Formerly 475B.160]

(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.