Cannabis Regulation

ORS 475B.186
Authority to discipline for unregulated commerce

  • licensing requirements


(1)

The Legislative Assembly finds and declares that the unregulated commerce of marijuana items constitutes a serious danger to public health and safety.

(2)

(a) A person may not produce, process, transport, deliver or sell a marijuana item unless the person holds a valid license issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or a registration issued under ORS 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949) or is exempted under ORS 475B.301 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery).

(b)

A licensee is engaged in the unregulated commerce of marijuana items if the licensee allows a person who does not hold a license issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or 475B.560 (Laboratory licensure) to engage in an activity that requires a license issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or 475B.560 (Laboratory licensure).

(3)

In addition to any other disciplinary action available to the Oregon Liquor Control Commission under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or 475B.550 (Definitions for ORS 475B.550 to 475B.590) to 475B.590 (Exemption from criminal liability), the commission may immediately:

(a)

Restrict, suspend or refuse to renew a license issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or 475B.560 (Laboratory licensure) if circumstances create probable cause for the commission to conclude that a licensee has:

(A)

Purchased or received a marijuana item from an unlicensed source; or

(B)

Sold, stored or transferred a marijuana item in a manner that is not permitted by the licensee’s license;

(b)

Restrict, suspend or refuse to renew a license issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or 475B.560 (Laboratory licensure) if circumstances create probable cause for the commission to believe that a person who does not hold a license issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or 475B.560 (Laboratory licensure) for the licensed premises engaged, or is engaging, in an activity that requires a license under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or 475B.560 (Laboratory licensure); or

(c)

Seize marijuana items from a licensee if circumstances create probable cause for the commission to conclude that the licensee has:

(A)

Engaged, or is engaging, in the unlawful diversion of marijuana items; or

(B)

Allowed, or is allowing, a person who does not hold a license issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or 475B.560 (Laboratory licensure) to engage in an activity that requires a license issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or 475B.560 (Laboratory licensure) at the premises for which a license is issued. [2017 c.476 §2; 2019 c.391 §9]
§§ 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