2017 ORS 475B.299¹
Enforcement authority of regulatory specialist

(1) In addition to the duties, functions and powers described in ORS 471.775 (Service of subpoenas), and subject to subsection (2) of this section, a regulatory specialist, as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473), has the authority as provided in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) to 133.400 (Recording of custodial interviews), 133.450 (Return of arrest warrant), 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants), 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications), 161.235 (Use of physical force in making an arrest or in preventing an escape), 161.245 (“Reasonable belief” described), 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), 475B.550 (Definitions for ORS 475B.550 to 475B.590) to 475B.590 (Exemption from criminal liability) and 475B.600 (Definitions for ORS 475B.600 to 475B.655) to 475B.655 (Civil penalty for violating ORS 475B.600 to 475B.655), and chapter 743, Oregon Laws 1971, to conduct inspections and investigations, make seizures, aid in prosecutions of and issue citations to licensees and persons who hold a certificate or permit under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) for violations of and offenses related to, and otherwise enforce, ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), 475B.550 (Definitions for ORS 475B.550 to 475B.590) to 475B.590 (Exemption from criminal liability) and 475B.600 (Definitions for ORS 475B.600 to 475B.655) to 475B.655 (Civil penalty for violating ORS 475B.600 to 475B.655), any rule adopted under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), 475B.550 (Definitions for ORS 475B.550 to 475B.590) to 475B.590 (Exemption from criminal liability) and 475B.600 (Definitions for ORS 475B.600 to 475B.655) to 475B.655 (Civil penalty for violating ORS 475B.600 to 475B.655) and any other law of this state that charges the Oregon Liquor Control Commission with a duty, function or power related to a marijuana item, including enforcing any law or rule related to individuals who use false identification for purposes of purchasing or possessing a marijuana item or who engage in illegal activity on or near a premises.

(2) A regulatory specialist may not:

(a) Be sworn in as a federal law enforcement official and act in that capacity while performing an activity authorized by this section.

(b) Carry a firearm.

(c) Conduct inspections and investigations of a primary residence.

(d) For purposes of ensuring compliance with ORS 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949), conduct inspections and investigations of registry identification cardholders or designated primary caregivers, the residences of registry identification cardholders or designated primary caregivers, or the locations where registry identification cardholders or designated primary caregivers produce marijuana. [2017 c.183 §6]

(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.