ORS 475C.806
Possession limits for plants

Text
Annotations 1

(1)

(a)

A registry identification cardholder and the designated primary caregiver of the registry identification cardholder may jointly possess:

(A)

Six or fewer mature marijuana plants; and

(B)

Twelve or fewer immature marijuana plants.

(b)

Intentionally left blank —Ed.

(A)

Unless an address is the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, the address where a registry identification cardholder or the primary caregiver of a registry identification cardholder produces marijuana may be used to produce not more than:

(i)

Six or fewer mature marijuana plants per registry identification cardholder, up to 12 mature marijuana plants; and

(ii)

Twelve or fewer immature marijuana plants per registry identification cardholder, up to 24 immature marijuana plants.

(B)

Except as provided in subparagraph (C) of this paragraph, an address that is subject to this paragraph may not be used to produce plants in the genus Cannabis within the plant family Cannabaceae pursuant to ORS 475C.305 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery).

(C)

Subject to subparagraph (D) of this paragraph, an address that is subject to this paragraph may be used to produce plants in the genus Cannabis within the plant family Cannabaceae pursuant to ORS 475C.305 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery) if a person other than a registry identification cardholder who is using the address to produce marijuana plants pursuant to ORS 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919) resides at the address.

(D)

An address that is subject to this paragraph may not be used to produce more than 12 total mature marijuana plants.

(2)

Intentionally left blank —Ed.

(a)

A person may be designated to produce marijuana under ORS 475C.792 (Marijuana grow site registration system) by no more than eight registry identification cardholders.

(b)

A person responsible for a marijuana grow site may produce for a registry identification cardholder who designates the person to produce marijuana no more than:

(A)

Six mature marijuana plants;

(B)

12 immature marijuana plants that are 24 inches or more in height; and

(C)

The amount, established by the Oregon Health Authority by rule, of immature marijuana plants that are less than 24 inches in height.

(3)

If the address of a person responsible for a marijuana grow site registered under ORS 475C.792 (Marijuana grow site registration system) is located within city limits in an area zoned for residential use:

(a)

Except as provided in paragraph (b) of this subsection, no more than the following amounts of marijuana plants may be produced at the address:

(A)

12 mature marijuana plants;

(B)

24 immature marijuana plants that are 24 inches or more in height; and

(C)

The amount, established by the authority by rule, of immature marijuana plants that are less than 24 inches in height; or

(b)

Subject to subsection (5) of this section, if each person responsible for a marijuana grow site located at the address first registered with the authority under ORS 475C.792 (Marijuana grow site registration system) before January 1, 2015, no more than the following amounts of marijuana plants may be produced at the address:

(A)

The amount of mature marijuana plants located at that address on December 31, 2014, in excess of 12 mature marijuana plants, not to exceed 24 mature marijuana plants;

(B)

48 immature marijuana plants that are 24 inches or more in height; and

(C)

The amount, established by the authority by rule, of immature marijuana plants that are less than 24 inches in height.

(4)

If the address of a person responsible for a marijuana grow site registered under ORS 475C.792 (Marijuana grow site registration system) is located in an area other than an area described in subsection (3) of this section:

(a)

Except as provided in paragraph (b) of this subsection, no more than the following amounts of marijuana plants may be produced at the address:

(A)

48 mature marijuana plants;

(B)

96 immature marijuana plants that are 24 inches or more in height; and

(C)

The amount, established by the authority by rule, of immature marijuana plants that are less than 24 inches in height; or

(b)

Subject to subsections (5) and (6) of this section, if each person responsible for a marijuana grow site located at the address first registered with the authority under ORS 475C.792 (Marijuana grow site registration system) before January 1, 2015, no more than the following amounts of marijuana plants may be produced at the address:

(A)

The amount of mature marijuana plants located at that address on December 31, 2014, in excess of 48 mature marijuana plants, not to exceed 96 mature marijuana plants;

(B)

192 immature marijuana plants that are 24 inches or more in height; and

(C)

The amount, established by the authority by rule, of immature marijuana plants that are less than 24 inches in height.

(5)

Intentionally left blank —Ed.

(a)

If the authority suspends or revokes the registration of a person responsible for a marijuana grow site that is located at an address described in subsection (3)(b) of this section, no more than the following amounts of marijuana plants may subsequently be produced at any address described in subsection (3) of this section at which the person responsible for the marijuana grow site produces marijuana:

(A)

12 mature marijuana plants;

(B)

24 immature marijuana plants that are 24 inches or more in height; and

(C)

The amount, established by the authority by rule, of immature marijuana plants that are less than 24 inches in height.

(b)

If the authority suspends or revokes the registration of a person responsible for a marijuana grow site that is located at an address described in subsection (4)(b) of this section, no more than the following amounts of marijuana plants may subsequently be produced at any address described in subsection (4) of this section at which the person responsible for the marijuana grow site produces marijuana:

(A)

48 mature marijuana plants;

(B)

96 immature marijuana plants that are 24 inches or more in height; and

(C)

The amount, established by the authority by rule, of immature marijuana plants that are less than 24 inches in height.

(6)

If a registry identification cardholder who designated a person to produce marijuana for the registry identification cardholder pursuant to ORS 475C.792 (Marijuana grow site registration system) terminates the designation, the person responsible for the marijuana grow site whose designation has been terminated may not be designated to produce marijuana by another registry identification cardholder, except that the person may be designated by another registry identification cardholder if no more than 48 mature marijuana plants and no more than 96 immature marijuana plants that are 24 or more inches in height are produced at the address for the marijuana grow site at which the person produces marijuana.

(7)

Subject to the limits described in subsections (2) to (6) of this section, if multiple persons responsible for a marijuana grow site under ORS 475C.792 (Marijuana grow site registration system) are located at the same address, the persons designated to produce marijuana by registry identification cardholders who are located at that address may collectively produce marijuana plants for any number of registry identification cardholders who designate the persons to produce marijuana.

(8)

If a law enforcement officer determines that there is a number of marijuana plants at an address in excess of the quantities specified in this section, or that an address is being used to produce a number of marijuana plants in excess of the quantities specified in subsection (1)(b) of this section, the law enforcement officer may confiscate only the excess number of marijuana plants. [Formerly 475B.831]

Source: Section 475C.806 — Possession limits for plants, https://www.oregonlegislature.gov/bills_laws/ors/ors475C.html.

Law Review Citations

52 WLR 1 (2015)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 475C.806 Possession limits for plants

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Law Review Citations

ORS 475C.806
Possession limits for plants