Delivery of marijuana items to consumer
(1)A marijuana retailer that holds a license issued under ORS 475C.097 (Retail license) may make deliveries to a consumer pursuant to the consumer’s bona fide order received by the marijuana retailer. The delivery of marijuana items under this section may be made to a consumer:
(a)Within the same city or unincorporated area of the county in which the marijuana retailer is located; or
(b)In a city or the unincorporated area of a county that is adjacent to the city or unincorporated area of the county in which the marijuana retailer is located, provided the adjacent city or county has adopted an ordinance allowing for the delivery of marijuana items by a marijuana retailer located in an adjacent city or unincorporated area of a county.
(2)A marijuana retailer that makes deliveries under this section shall:
(a)Ensure that deliveries are made in an efficient and timely manner.
(b)Upon request, provide to the Oregon Liquor and Cannabis Commission information on each vehicle used to make deliveries of marijuana items under this section, including the make, model, year, color, vehicle identification number and registration plate number.
(c)Maintain an electronic or physical record of each bona fide order for the delivery of marijuana items that the marijuana retailer fulfills.
(d)Report to the commission, and as necessary to the appropriate law enforcement agency, any accidents or losses involving a delivery vehicle.
(3)An individual who makes deliveries on behalf of a marijuana retailer under this section:
(A)Hold a permit issued under ORS 475C.273 (Issuing, renewing permits) and carry the permit while making deliveries under this section.
(B)Have a method of secure electronic communication in order to communicate with the marijuana retailer for which the individual is making deliveries.
(C)Maintain an electronic or physical record of a bona fide order for a delivery of a marijuana item.
(D)Present to the consumer a printed or electronic delivery manifest and obtain on the manifest the consumer’s written or electronic signature verifying completion of the delivery of marijuana items.
(E)Except in the case of an emergency or unsafe road conditions or as necessary for fuel, rest or vehicle repair, travel only between the premises of the marijuana retailer and the locations at which the deliveries of marijuana items are made.
(A)Leave a delivery vehicle that contains marijuana items unattended unless the delivery vehicle is locked and equipped with an active vehicle alarm system.
(B)Carry more than $10,000 worth of marijuana items in a delivery vehicle at any one time.
(C)Consume, or be under the influence of, marijuana while making deliveries under this section.
(4)A delivery vehicle must:
(a)While being used for making deliveries, be equipped with an active global positioning system device that tracks the location of the delivery vehicle and enables the marijuana retailer for which the deliveries are being made to identify the location of the delivery vehicle.
(b)Be equipped with a lockable container in a secured cargo area of the delivery vehicle that is of a size appropriate to contain the marijuana items being delivered.
(c)Be free of any markings that may indicate that the delivery vehicle is used for the purpose of delivering marijuana items.
(5)A delivery of marijuana items may not be made to a consumer who is located on land owned or leased by the federal government.
(6)The commission may adopt rules to carry out the purposes of this section. [2021 c.155 §3]
Section 475C.117 — Delivery of marijuana items to consumer; requirements; limitations; rules,