2017 ORS 475B.477¹
Ordinance prohibiting possession

(1) As used in this section, “designated primary caregiver,” “immature marijuana plant,” “marijuana,” “medical cannabinoid product” and “registry identification cardholder” have the meanings given those terms in ORS 475B.791 (Definitions for ORS 475B.785 to 475B.949).

(2) A city or county may not adopt an ordinance, by referral or otherwise, that prohibits or otherwise limits:

(a) The privileges described in ORS 475B.301 (Applicability of provisions to homegrown marijuana and homemade cannabinoid products and concentrates); or

(b) The right of a registry identification cardholder and the designated primary caregiver of a registry identification cardholder to:

(A) Possess the seeds of marijuana, immature marijuana plants or medical cannabinoid products as described in ORS 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949);

(B) Jointly possess up to six mature marijuana plants and up to 12 immature marijuana plants under ORS 475B.831 (Possession limits for marijuana plants) (1); or

(C) Jointly possess up to 24 ounces of usable marijuana under ORS 475B.834 (Possession limits for usable marijuana) (1). [2016 c.24 §33; 2017 c.183 §38]

Note: 475B.477 (Ordinance prohibiting possession) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(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.