Cannabis Regulation

ORS 475B.907
Exemptions from criminal liability


Except as provided in ORS 475B.910 (Exceptions to exemption from criminal liability), a person engaged in or assisting in the medical use of marijuana is exempt from the criminal laws of this state for possession, delivery or manufacture of marijuana, aiding and abetting another in the possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element if:

(1)

The person holds a registry identification card.

(2)

The person has applied for a registry identification card under ORS 475B.797 (Registry identification cardholders) and the person has proof of written documentation described in ORS 475B.797 (Registry identification cardholders) (2)(a) and proof of the date on which the person submitted the application to the Oregon Health Authority. An exemption under this subsection applies only until the authority approves or denies the application.

(3)

The person is designated as a primary caregiver under ORS 475B.804 (Designated primary caregivers).

(4)

The person is responsible for or is employed by a marijuana grow site registered under ORS 475B.810 (Marijuana grow site registration system).

(5)

The person owns, is responsible for, or is employed by, a marijuana processing site.

(6)

The person owns, is responsible for, or is employed by, a medical marijuana dispensary. [Formerly 475B.475]
§§ 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