2017 ORS 475B.895¹
Use of Oregon Liquor Control Commission tracking system
  • exemptions
  • fees
  • rules

(1) The Oregon Health Authority shall enter into an agreement with the Oregon Liquor Control Commission under which the commission shall use the system developed and maintained under ORS 475B.177 (Duty to develop and maintain system for tracking transfer of marijuana items) to track:

(a) The propagation of immature marijuana plants and the production of marijuana by marijuana grow sites;

(b) The processing of marijuana into medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts that are transferred to a medical marijuana dispensary;

(c) The transfer of usable marijuana, immature marijuana plants, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts by a marijuana grow site or a medical marijuana dispensary to a registry identification cardholder or the designated primary caregiver of a registry identification cardholder; and

(d) The transfer of usable marijuana, immature marijuana plants, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts between marijuana grow sites, marijuana processing sites and medical marijuana dispensaries.

(2) Marijuana grow sites, marijuana processing sites, medical marijuana dispensaries and any other person that processes marijuana into medical cannabinoid products and cannabinoid concentrates for the purpose of transferring the medical cannabinoid products and cannabinoid concentrates to a medical marijuana dispensary are subject to tracking under this section.

(3) On and after the date on which a marijuana grow site becomes subject to tracking under this section, the person is exempt from the requirements of ORS 475B.816 (Duty to submit production data to Oregon Health Authority) and the provisions of ORS 475B.810 (Marijuana grow site registration system) that relate to ORS 475B.816 (Duty to submit production data to Oregon Health Authority).

(4) On and after the date on which a marijuana processing site becomes subject to tracking under this section, the marijuana processing site is exempt from the requirements of ORS 475B.846 (Duty to submit processing data to Oregon Health Authority) and the provisions of ORS 475B.840 (Marijuana processing site registration system) that relate to ORS 475B.846 (Duty to submit processing data to Oregon Health Authority).

(5) On and after the date on which a medical marijuana dispensary becomes subject to tracking under this section, the medical marijuana dispensary is exempt from the requirements of ORS 475B.867 (Duty to submit dispensing data to Oregon Health Authority) and the provisions of ORS 475B.858 (Medical marijuana dispensary registration system) that relate to ORS 475B.867 (Duty to submit dispensing data to Oregon Health Authority).

(6) The commission may conduct inspections and investigations of alleged violations of ORS 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949) about which the commission obtains knowledge as a result of performing the commission’s duties under this section. Notwithstanding ORS 475B.299 (Enforcement authority of regulatory specialist), the commission may use regulatory specialists, as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473), to conduct the inspections and investigations, including inspections and investigations of marijuana grow sites located at a primary residence.

(7) Notwithstanding ORS 475B.759 (Oregon Marijuana Account), before making any other distribution from the Oregon Marijuana Account established under ORS 475B.759 (Oregon Marijuana Account), the Department of Revenue shall first distribute moneys quarterly from the account to the commission for deposit in the Marijuana Control and Regulation Fund established under ORS 475B.296 (Marijuana Control and Regulation Fund) for purposes of paying administrative, inspection and investigatory costs incurred by the commission under this section, provided that the amount of distributed moneys does not exceed $1.25 million per quarter. For purposes of estimating the amount of moneys necessary to pay costs incurred under this section, the commission shall establish a formulary based on expected costs for each marijuana grow site, marijuana processing site or medical marijuana dispensary that is tracked under this section. The commission shall provide to the Department of Revenue and the Legislative Fiscal Officer before each quarter the estimated amount of moneys necessary to pay costs expected to be incurred under this section and the formulary.

(8) When imposing a fee on a person responsible for a marijuana grow site, marijuana processing site or medical marijuana dispensary under ORS 475B.810 (Marijuana grow site registration system), 475B.840 (Marijuana processing site registration system) or 475B.858 (Medical marijuana dispensary registration system), the authority shall impose an additional fee that is reasonably calculated to pay costs incurred under this section other than costs paid pursuant to subsection (7) of this section. As part of the agreement entered into under subsection (1) of this section, the authority shall transfer fee moneys collected pursuant to this subsection to the commission for deposit in the Marijuana Control and Regulation Fund established under ORS 475B.296 (Marijuana Control and Regulation Fund). Moneys collected pursuant to this subsection and deposited in the Marijuana Control and Regulation Fund are continuously appropriated to the commission for purposes of this section.

(9) The authority and the commission may adopt rules as necessary to administer this section.

(10) This section does not apply to a marijuana grow site located at an address where a registry identification cardholder produces marijuana and no more than 12 mature marijuana plants and 24 immature marijuana plants are produced at the address. [2017 c.183 §40]

Note: Sections 41 and 96, chapter 183, Oregon Laws 2017, provide:

Sec. 41. (1) For purposes of subjecting marijuana grow sites, marijuana processing sites and medical marijuana dispensaries to tracking under section 40 of this 2017 Act [475B.895 (Use of Oregon Liquor Control Commission tracking system)]:

(a) On or before September 1, 2017, the Oregon Health Authority shall notify marijuana grow sites, marijuana processing sites and medical marijuana dispensaries of the requirements of this section and section 40 of this 2017 Act;

(b) On or before December 1, 2017, each marijuana grow site, marijuana processing site and medical marijuana dispensary located in this state shall notify the authority in a form and manner prescribed by the authority as to whether the marijuana grow site, marijuana processing site or medical marijuana dispensary is electing to remain registered under ORS 475B.400 to 475B.525 [series became 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949)] and be subject to tracking or is electing to apply for licensure under ORS 475B.010 (Short title) to 475B.395 [series became 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545)];

(c) If the marijuana grow site, marijuana processing site or medical marijuana dispensary elects to apply for licensure under ORS 475B.010 (Short title) to 475B.395, the marijuana grow site, marijuana processing site or medical marijuana dispensary must have filed an application with the Oregon Liquor Control Commission under ORS 475B.040 (Application process for all licensees) on or before January 1, 2018; and

(d) If the marijuana grow site, marijuana processing site or medical marijuana dispensary elects to remain registered under ORS 475B.400 to 475B.525 and be subject to tracking, the marijuana grow site, marijuana processing site or medical marijuana dispensary is subject to tracking beginning on or before July 1, 2018.

(2) If a marijuana grow site, marijuana processing site or medical marijuana dispensary does not make an election as required by subsection (1) of this section on or before January 1, 2018, the authority may not renew the registration of the marijuana grow site, marijuana processing site or medical marijuana dispensary.

(3) If a marijuana grow site, marijuana processing site or medical marijuana dispensary is not in compliance with subsection (1)(d) of this section on or before July 1, 2018, the authority may not renew the registration of the marijuana grow site, marijuana processing site or medical marijuana dispensary unless the marijuana grow site, marijuana processing site or medical marijuana dispensary has an application on file with the commission under ORS 475B.040 (Application process for all licensees) and the commission has not proposed to deny the application.

(4) The authority and the commission shall share information as necessary to implement this section. [2017 c.183 §41]

Sec. 96. Section 41 of this 2017 Act is repealed on July 1, 2019. [2017 c.183 §96]

(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.