2017 ORS 475B.825¹
Transfer of usable marijuana

(1) Subject to subsection (2) of this section, a marijuana grow site may transfer up to 20 pounds of usable marijuana per year to a person that holds a license issued under ORS 475B.090 (Processor license) or 475B.100 (Wholesale license), provided that:

(a) The transfer is tracked using the system developed and maintained under ORS 475B.177 (Duty to develop and maintain system for tracking transfer of marijuana items);

(b) More than 12 mature marijuana plants are produced at the marijuana grow site;

(c) The usable marijuana has been assigned to the person responsible for the marijuana grow site pursuant to ORS 475B.822 (Personal agreements);

(d) The usable marijuana has been tested in accordance with the provisions of ORS 475B.550 (Definitions for ORS 475B.550 to 475B.590) to 475B.590 (Exemption from criminal liability); and

(e) The marijuana grow site first registered with the Oregon Health Authority under ORS 475B.810 (Marijuana grow site registration system) on or before August 2, 2017.

(2) If the Oregon Liquor Control Commission determines that the supply of marijuana items offered for sale by marijuana retailers that hold a license issued under ORS 475B.105 (Retail license) is exceeding consumer demand for the marijuana items, and if the commission determines that the market for marijuana items in this state will not self-correct for the excess, the commission may issue an order that temporarily reduces the amount of usable marijuana that may be transferred pursuant to this section or that temporarily suspends the ability to transfer usable marijuana pursuant to this section. [2017 c.613 §8]

Note: Sections 8a and 8b, chapter 613, Oregon Laws 2017, provide:

Sec. 8a. The Oregon Liquor Control Commission shall monitor the lawful transfer of any usable marijuana, as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), to a person that holds a license issued under ORS 475B.090 (Processor license) or 475B.100 (Wholesale license) by a marijuana grow site, as defined in ORS 475B.410 [renumbered 475B.791 (Definitions for ORS 475B.785 to 475B.949)], to determine whether the laws of this state may allow for the lawful transfer of additional usable marijuana to a person that holds a license issued under ORS 475B.090 (Processor license) or 475B.100 (Wholesale license) by a marijuana grow site. On or before September 15, 2018, the commission shall submit the commission’s findings and recommendations, in the manner prescribed by ORS 192.245 (Form of report to legislature), to the interim committees of the Legislative Assembly related to judiciary. [2017 c.613 §8a]

Sec. 8b. Section 8a of this 2017 Act is repealed on January 2, 2019. [2017 c.613 §8b]

(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.