2015 ORS 475B.490¹
Authority to investigate
  • rights related to seized property

Caution-flag-2-25x25
This section is amended
Effective March 3, 2016
Relating to cannabis; creating new provisions; amending ORS 475B.050, 475B.160, 475B.215, 475B.235, 475B.245, 475B.340, 475B.370, 475B.375, 475B.443, 475B.490 and 475B.500 and section 79, chapter 24, Oregon Laws 2016 (Enrolled House Bill 4014); repealing sections 16, 17, 18, 26, 27, 28, 28a, 29 and 67, chapter 24, Oregon Laws 2016 (Enrolled House Bill 4014), and sections 16, 17, 18, 19 and 20, chapter 83, Oregon Laws 2016 (Enrolled Senate Bill 1511); and declaring an emergency.

(1) Registration under ORS 475B.400 (Findings) to 475B.525 (Authority to adopt rules for ORS 475B.400 to 475B.525) or possession of proof of registration under ORS 475B.400 (Findings) to 475B.525 (Authority to adopt rules for ORS 475B.400 to 475B.525) does not constitute probable cause to search the person or property of the registrant or otherwise subject the person or property of the registrant to inspection by a government agency. However, the Oregon Health Authority may inspect a marijuana grow site registered under ORS 475B.420 (Marijuana grow site registration system), a marijuana processing site registered under ORS 475B.435 (Marijuana processing site registration system), or a medical marijuana dispensary registered under ORS 475B.450 (Medical marijuana dispensary registration system), at any reasonable time to determine whether the person responsible for the marijuana grow site, the person responsible for the marijuana processing site, or the person responsible for the medical marijuana dispensary, is in compliance with ORS 475B.400 (Findings) to 475B.525 (Authority to adopt rules for ORS 475B.400 to 475B.525) and rules adopted under ORS 475B.400 (Findings) to 475B.525 (Authority to adopt rules for ORS 475B.400 to 475B.525).

(2) Any property interest possessed, owned or used in connection with the medical use of marijuana or acts incidental to the medical use of marijuana that has been seized by state or local law enforcement officers may not be harmed, neglected, injured or destroyed while in the possession of a law enforcement agency, except that a law enforcement agency has no responsibility to maintain live marijuana plants lawfully seized. Such property interest may not be forfeited under any provision of law providing for the forfeiture of property, except pursuant to a sentence imposed after conviction of a criminal offense. Marijuana and equipment or paraphernalia used to produce, process or administer marijuana that was seized by a law enforcement officer shall be returned immediately if the district attorney in whose county the property was seized, or the district attorney’s designee, determines that the person from whom the marijuana, equipment or paraphernalia was seized is entitled to the protections provided by ORS 475B.400 (Findings) to 475B.525 (Authority to adopt rules for ORS 475B.400 to 475B.525). The determination may be evidenced by a decision not to prosecute, the dismissal of charges or acquittal. [Formerly 475.323]


1 Legislative Counsel Committee, CHAPTER 475B—Cannabis Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475B.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.