Cannabis Regulation

ORS 475B.376
Unlawful sale or delivery of marijuana paraphernalia


(1)

As used in this section, “marijuana paraphernalia” means an object that is marketed to be used for, or that is designed for, planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a marijuana item. “Marijuana paraphernalia” does not include hypodermic syringes or needles.

(2)

It is unlawful for a person to sell or deliver, to possess with intent to sell or deliver or to manufacture with intent to sell or deliver marijuana paraphernalia to a person who is under 21 years of age, knowing that the marijuana paraphernalia will be used for the purpose for which it was marketed or designed.

(3)

Violation of this section is a Class B violation.

(4)

Subject to the provisions of ORS chapter 131A, and notwithstanding the violation classification specified in subsection (3) of this section, the Oregon Liquor Control Commission may purchase, possess, seize or dispose of marijuana paraphernalia as is necessary for the commission to ensure compliance with and enforce this section and any rule adopted under this section.

(5)

In determining whether an object is marijuana paraphernalia under this section or drug paraphernalia under ORS 475.525 (Sale of drug paraphernalia prohibited), a trier of fact in an administrative or judicial proceeding must consider, in addition to any other relevant factor, the following:

(a)

Any oral or written instruction provided with the object related to the object’s use;

(b)

Any descriptive material packaged with the object that explains or depicts the object’s use;

(c)

Any national or local advertising related to the object’s use;

(d)

Any proffered expert testimony related to the object’s use;

(e)

The manner in which the object is displayed for sale, if applicable; and

(f)

Any other proffered evidence substantiating the object’s intended use. [2017 c.21 §14]
§§ 475B.785 to 475B.949

(formerly 475.300 to 475.346, then 475B.400

to 475 B.525)

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)

§§ 475B.400 to 475B.525

(formerly 475.300 to 475.346)

See annotations under ORS 475B.785 to 47B.949.


Source

Last accessed
Jun. 26, 2021