2017 ORS 475B.301¹
Applicability of provisions to homegrown marijuana and homemade cannabinoid products and concentrates

ORS 475B.025 (General powers and duties), 475B.030 (Authority to purchase, possess, seize, transfer to licensee or dispose of marijuana items), 475B.033 (Powers related to decedents and insolvent or bankrupt persons), 475B.035 (Authority to limit quantity of marijuana items transferred to individual), 475B.040 (Application process for all licensees), 475B.045 (Grounds for refusing to issue license or issuing restricted license), 475B.050 (Authority to require fingerprints of applicants and other individuals), 475B.055 (Properties of license), 475B.060 (Duties of Oregon Liquor Control Commission with respect to issuing licenses), 475B.063 (Duty to request land use compatibility statement), 475B.065 (Lawful production, delivery and possession of marijuana items), 475B.068 (Authority to hold multiple licenses), 475B.070 (Production license), 475B.085 (Marijuana plant grow canopies), 475B.090 (Processor license), 475B.100 (Wholesale license), 475B.105 (Retail license), 475B.115 (Establishment of school after issuance of license), 475B.119 (Requirement to verify person’s age), 475B.136 (Production for medical purposes), 475B.139 (Processing for medical purposes), 475B.144 (Wholesale selling for medical purposes), 475B.146 (Retail selling for medical purposes), 475B.154 (Authority to inspect books and premises), 475B.158 (Authority to require segregation of premises), 475B.163 (Authority to require general liability insurance), 475B.173 (Authority to establish merit-based criteria for licensure or renewal of licensure), 475B.177 (Duty to develop and maintain system for tracking transfer of marijuana items), 475B.206 (Restrictions on delivery or receipt), 475B.211 (Prohibition against selling or delivering marijuana items to persons under 21 years of age), 475B.216 (Identification requirement), 475B.224 (Prohibition against employing persons under 21 years of age), 475B.232 (Prohibition against obfuscating mark or label or using mark or label to deceive), 475B.236 (Requirement that marijuana items comply with minimum standards), 475B.241 (Prohibition against certain licensees possessing mature marijuana plants), 475B.246 (Other prohibitions), 475B.256 (Grounds for revocation, suspension or restriction of license), 475B.261 (Permit required to perform work for or on behalf of marijuana retailer), 475B.266 (Issuing, renewing permits), 475B.276 (Right of employees to organize), 475B.281 (Whistleblower protection for employees), 475B.286 (Certification of cannabis researchers), 475B.296 (Marijuana Control and Regulation Fund), 475B.461 (Prohibition against operation of premises for which license issued), 475B.474 (Effective date of prohibition against operation of licensed premises), 475B.479 (Right to possess marijuana items for personal use), 475B.486 (Local time, place and manner regulations), 475B.491 (Local tax or fee), 475B.501 (Duty of Oregon Health Authority to assist), 475B.506 (Duty of State Department of Agriculture to assist), 475B.514 (Prohibition against refusing to perform duties on basis that certain conduct is prohibited by federal law), 475B.518 (Immunity for state agencies, officers and employees in performance of duties), 475B.521 (Authority to purchase, possess, seize or dispose of marijuana items), 475B.523 (Authority of Governor to suspend license, certificate or permit without notice), 475B.526 (Marijuana as crop) and 475B.529 (Regulation of marijuana items as food or other commodity subject to regulation by State Department of Agriculture) do not apply:

(1) To the production or storage of homegrown marijuana at a household by one or more persons 21 years of age and older, if the total amount of homegrown marijuana at the household does not exceed four marijuana plants at any time.

(2) To the possession or storage of usable marijuana items at a household by one or more persons 21 years of age or older, if the total amount of usable marijuana at the household does not exceed eight ounces of usable marijuana at any time.

(3) To the making, processing, possession or storage of cannabinoid products at a household by one or more persons 21 years of age and older, if the total amount of cannabinoid products at the household does not exceed 16 ounces in solid form at any time.

(4) To the making, processing, possession or storage of cannabinoid products at a household by one or more persons 21 years of age and older, if the total amount of cannabinoid products at the household does not exceed 72 ounces in liquid form at any time.

(5) To the making, processing, possession or storage of cannabinoid concentrates at a household by one or more persons 21 years of age or older, if the total amount of cannabinoid concentrates at the household does not exceed 16 ounces at any time.

(6) To the possession of cannabinoid extracts at a household by one or more persons 21 years of age or older, if the cannabinoid extracts were purchased from a marijuana retailer that holds a license under ORS 475B.105 (Retail license), or transferred by a medical marijuana dispensary registered by the Oregon Health Authority under ORS 475B.858 (Medical marijuana dispensary registration system), and the total amount of cannabinoid extracts at the household does not exceed one ounce at any time.

(7) To the delivery of not more than one ounce of usable marijuana at a time by a person 21 years of age or older to another person 21 years of age or older for noncommercial purposes.

(8) To the delivery of not more than 16 ounces of cannabinoid products in solid form at a time by a person 21 years of age or older to another person 21 years of age or older for noncommercial purposes.

(9) To the delivery of not more than 72 ounces of cannabinoid products in liquid form at a time by a person 21 years of age or older to another person 21 years of age or older for noncommercial purposes.

(10) To the delivery of not more than 16 ounces of cannabinoid concentrates at a time by a person 21 years of age or older to another person 21 years of age or older for noncommercial purposes. [Formerly 475B.245]

(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.