(1)The production of marijuana is subject to regulation by the Oregon Liquor and Cannabis Commission.
(2)A marijuana producer must have a production license issued by the commission for the premises at which the marijuana is produced. To hold a production license issued under this section, a marijuana producer:
(a)Must apply for a license in the manner described in ORS 475C.033 (Application process for all licensees);
(b)Must provide proof that the applicant is 21 years of age or older; and
(c)Must meet the requirements of any rule adopted by the commission under subsections (3) and (4) of this section.
(3)Intentionally left blank —Ed.
(a)If the applicant is not the owner of the premises at which the marijuana is to be produced, the applicant shall submit to the commission signed informed consent from the owner of the premises to produce marijuana at the premises.
(b)The commission may adopt rules regarding the informed consent described in this subsection.
(4)The commission shall adopt rules that:
(a)Require a marijuana producer to annually renew a license issued under this section;
(b)Establish application, licensure and renewal of licensure fees for marijuana producers;
(c)Require marijuana produced by marijuana producers to be tested in accordance with ORS 475C.544 (Testing standards and processes);
(d)Assist the viability of marijuana producers that are independently owned and operated and that are limited in size and revenue with respect to other marijuana producers, by minimizing barriers to entry into the regulated system and by expanding, to the extent practicable, transportation options that will support their access to the retail market;
(e)Allow a marijuana producer registered under ORS 475C.137 (Production for medical purposes) to produce marijuana for medical purposes in the same manner that rules adopted under ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525) allow a marijuana producer to produce marijuana for nonmedical purposes, excepting those circumstances where differentiating between the production of marijuana for medical purposes and the production of marijuana for nonmedical purposes is necessary to protect the public health and safety;
(f)Require marijuana producers to submit, at the time of applying for or renewing a license under ORS 475C.033 (Application process for all licensees), a report describing the applicant’s or licensee’s electrical or water usage;
(g)Require a marijuana producer to meet any public health and safety standards and industry best practices established by the commission by rule related to the production of marijuana or the propagation of immature marijuana plants and marijuana seeds; and
(h)Support marijuana plant diversity by allowing a qualified marijuana producer to receive marijuana seeds from any source in this state, but not more than a total of 200 marijuana seeds per month from all sources combined.
(5)Fees adopted under subsection (4)(b) of this section:
(a)May not exceed, together with other fees collected under ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525), the cost of administering ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525);
(b)Shall be in the form of a schedule that imposes a greater fee for premises with more square footage or on which more marijuana plants are grown; and
(c)Shall be deposited in the Marijuana Control and Regulation Fund established under ORS 475C.297 (Marijuana Control and Regulation Fund). [Formerly 475B.070]
Section 475C.065 — Production license; fees; rules,
Law Review Citations
52 WLR 1 (2015)