Cannabis Regulation

ORS 475B.523
Authority of Governor to suspend license, certificate or permit without notice


In case of invasion, disaster, insurrection or riot, or imminent danger of invasion, disaster, insurrection or riot, the Governor may, for the duration of the invasion, disaster, insurrection or riot, or imminent danger, immediately and without notice suspend, in the area involved, any license, certificate or permit issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545). [Formerly 475B.365]
Note: Sections 1, 2 and 3, chapter 464, Oregon Laws 2019, provide:
Sec. 1. Section 2 of this 2019 Act is added to and made a part of ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545). [2019 c.464 §1]
Sec. 2. (1) The Governor may enter into an agreement with another state for the purposes of:

(a)

Cross-jurisdictional coordination and enforcement of marijuana-related businesses authorized to conduct business in either this state or the other state; and

(b)

Cross-jurisdictional delivery of marijuana items between this state and the other state.

(2)

An agreement entered into under this section:

(a)

Must ensure enforceable public health and safety standards, and include a system to regulate and track the interstate delivery of marijuana items;

(b)

Must ensure that any marijuana items delivered into this state, prior to sale to a consumer, are:

(A)

Tested in accordance with ORS 475B.550 (Definitions for ORS 475B.550 to 475B.590) to 475B.590 (Exemption from criminal liability) and any rules adopted pursuant to ORS 475B.550 (Definitions for ORS 475B.550 to 475B.590) to 475B.590 (Exemption from criminal liability); and

(B)

Packaged and labeled in accordance with ORS 475B.600 (Definitions for ORS 475B.600 to 475B.655) to 475B.655 (Civil penalty for violating ORS 475B.600 to 475B.655) and any rules adopted pursuant to ORS 475B.600 (Definitions for ORS 475B.600 to 475B.655) to 475B.655 (Civil penalty for violating ORS 475B.600 to 475B.655); and

(c)

May authorize one or more agencies of this state to provide policy recommendations and assist in the implementation and enforcement of the terms of the agreement.

(3)

Notwithstanding ORS 475B.227 (Prohibition against importing or exporting marijuana items) and in accordance with an agreement described in this section:

(a)

A marijuana producer, marijuana processor, marijuana wholesaler or marijuana researcher certified under ORS 475B.286 (Certification of cannabis researchers) may deliver marijuana items to a person located in, and authorized to receive marijuana items by, the other state.

(b)

A marijuana processor, marijuana wholesaler, marijuana retailer or marijuana researcher certified under ORS 475B.286 (Certification of cannabis researchers) may receive marijuana items from a person located in, and authorized to export marijuana items by, the other state. [2019 c.464 §2]
Sec. 3. (1) Section 2 of this 2019 Act becomes operative on the earlier of the date on which:

(a)

Federal law is amended to allow for the interstate transfer of marijuana items between authorized marijuana-related businesses; or

(b)

The United States Department of Justice issues an opinion or memorandum allowing or tolerating the interstate transfer of marijuana items between authorized marijuana-related businesses.

(2)

The Oregon Liquor Control Commission shall notify the interim committees of the Legislative Assembly related to the judiciary and the Legislative Counsel upon the occurrence of an event described in subsection (1) of this section. [2019 c.464 §3]
§§ 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