ORS 475A.250
Grounds for refusing to issue license or issuing restricted license
(1)
The Oregon Health Authority may not license an applicant under the provisions of ORS 475A.210 (Short title) to 475A.722 (Severability) if the applicant is under 21 years of age.(2)
The authority may refuse to issue a license or may issue a restricted license to an applicant under the provisions of ORS 475A.210 (Short title) to 475A.722 (Severability) if the authority makes a finding that the applicant:(a)
Has not completed any education or training required by the provisions of ORS 475A.210 (Short title) to 475A.722 (Severability) or rules adopted under ORS 475A.210 (Short title) to 475A.722 (Severability).(b)
Has not passed any examination required by the provisions of ORS 475A.210 (Short title) to 475A.722 (Severability) or rules adopted under ORS 475A.210 (Short title) to 475A.722 (Severability).(c)
Is in the habit of using alcoholic beverages, habit-forming drugs, or controlled substances to excess.(d)
Has made false statements to the authority.(e)
Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed.(f)
Has been convicted of violating a federal law, state law or local ordinance if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license.(g)
Is not of good repute and moral character.(h)
Does not have a good record of compliance with ORS 475A.210 (Short title) to 475A.722 (Severability) or any rule adopted under ORS 475A.210 (Short title) to 475A.722 (Severability).(i)
Is not the legitimate owner of the premises proposed to be licensed, or has not disclosed that other persons have ownership interests in the premises proposed to be licensed.(j)
Has not demonstrated financial responsibility sufficient to adequately meet the requirements of the premises proposed to be licensed.(k)
Is unable to understand the laws of this state relating to psilocybin products, psilocybin services, or the rules adopted under ORS 475A.210 (Short title) to 475A.722 (Severability).(3)
Notwithstanding subsection (2)(f) of this section, in determining whether to issue a license or a restricted license to an applicant, the authority may not consider the prior conviction of the applicant or any owner, director, officer, manager, employee, agent or other representative of the applicant for:(a)
The manufacture of psilocybin or the manufacture of a marijuana item, as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525), if:(A)
The date of the conviction is two or more years before the date of the application; and(B)
The person has not been convicted more than once for the manufacture of psilocybin or a marijuana item; or(b)
The possession of a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), or a marijuana item, as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525), if:(A)
The date of the conviction is two or more years before the date of the application; or(B)
The person has not been convicted more than once for the possession of a controlled substance or a marijuana item. [2021 c.1 §15]
Source:
Section 475A.250 — Grounds for refusing to issue license or issuing restricted license, https://www.oregonlegislature.gov/bills_laws/ors/ors475A.html.
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