Cannabis law in Oregon

Enacted

November 4, 2014

Sales open

October 1, 2015

Home grow

Yes, 4 plants

Delivery

Yes

Consumption lounges

No

Vertical integration required

No

enacted_on: Oregon Secretary of State Official Abstract of Votes, November 4, 2014 General Election: Measure 91 (Allows possession, manufacture, sale of marijuana by/to adults, subject to state licensing, regulation, taxation) Yes 847,865 / No 663,346. sales_open_on: OLCC Recreational Marijuana FAQs (rev. 10/06/15): sales of small amounts of recreational marijuana through medical marijuana dispensaries began October 1, 2015; OLCC began accepting license applications January 4, 2016 and OLCC-licensed retail stores opened in the second half of 2016. Source: https://www.oregon.gov/olcc/marijuana/documents/measure91_faq.pdf home_grow_plants: ORS 475C.305(1): homegrown plants at a household by persons 21 and older, total not to exceed four plants at any time. Source: https://www.oregonlegislature.gov/bills_laws/ors/ors475C.html delivery_allowed: ORS 475C.117 (Delivery of marijuana items to consumer) and OAR 845-025-2880. consumption_lounges_allowed: ORS 475C.377 makes use of marijuana items in a public place unlawful; ORS chapter 475C creates no consumption-lounge license type. Confidence for this single field is 75. vertical_integration_required: ORS 475C.061 permits (does not require) a person to hold multiple license types; producer, processor, wholesaler and retailer are separately licensed under ORS 475C.065, 475C.085, 475C.093, 475C.097. Confidence for this single field is 80.

Home grow

Yes, 6 plants

Delivery

Yes

Consumption lounges

No

Vertical integration required

No

enacted_on and sales_open_on are null on purpose: no primary state source for the 1998 Measure 67 vote date was reachable (see unverified). The current program is the Oregon Medical Marijuana Act, ORS 475C.770 to 475C.919, administered by OHA under rules at OAR 333-008. home_grow_plants: OAR 333-008-0080(1): a patient and caregiver may jointly possess up to six mature marijuana plants, 12 immature marijuana plants, and 24 ounces of usable marijuana. The 6 recorded here is mature plants. Source: https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=289508 delivery_allowed: OAR 845-025-2880(8) medical delivery exemption lets an approved retailer deliver to a patient or caregiver residence. Medical sales occur through OLCC retailers registered under ORS 475C.149 / OAR 845-025-2900 (tax free per ORS 475C.678); OHA-registered dispensaries are still provided for in OAR 333-008-1000 to 333-008-1255.

Statute

ORS 475C.005 to 475C.525 (licensing at ORS 475C.033, retail at ORS 475C.097)

Administrative code

OAR chapter 845, division 25

Agency

Home

Rules

Published rules

Licensing

Portal

Bulletins

Notices

Statute

ORS 475C.177

Administrative code

OAR 845-025-7500 to 845-025-7590

Agency

Home

Rules

Published rules

Licensing

Portal

Bulletins

Notices

Statute

ORS 475C.670 to 475C.734 (tax at 475C.674, exemption 475C.678, collection and returns 475C.682)

Administrative code

OAR 150-475-2010 to 150-475-2100

Agency

Home

Rules

Published rules

Licensing

Portal

Statute

ORS 475C.770 to 475C.919 (registry cards at ORS 475C.783; rulemaking at ORS 475C.919)

Administrative code

OAR chapter 333, division 8

Agency

Home

Rules

Published rules

Licensing

Portal

Statute

ORS chapter 475C (Cannabis Regulation)

Agency

Home

Rules

Published rules

Amount

17%

Applied to

Retail Price

Programs

Adult Use

Stacks with sales tax

No

Collected by

Marijuana Retailer At Point Of Sale, As A Direct Tax On The Consumer; Remitted To The Oregon Department Of Revenue

Filing

Quarterly Return Due On Or Before The Last Day Of January, April, July And October For The Previous Calendar Quarter (ORS 475C.682(2)); Tax Paid In Three Monthly Deposits Per Quarter (OAR 150-475-2010(3)); Retailer May Retain 2 Percent Of Tax Collected For Administrative Expenses (DOR Marijuana Page; OAR 150-475-2010 Example)

Seeds

10

Flower G

56.7

Concentrate G

10

Solid Edible G

453.6

Immature Plants

4

Liquid Edible Ml

2129.3

Inhalable Product G

10

Counted as

Independent Categories

Enforced across

Per Store

Seeds

10

Flower G

226.8

Concentrate G

10

Solid Edible G

453.6

Immature Plants

4

Liquid Edible Ml

2129.3

Inhalable Product G

10

Counted as

Independent Categories

Enforced across

Per Store

Flower G

907.2

Counted as

Independent Categories

Enforced across

Per Store

Seeds

10

Flower G

226.8

Concentrate G

10

Solid Edible G

453.6

Immature Plants

4

Liquid Edible Ml

2129.3

Inhalable Product G

10

Counted as

Independent Categories

Enforced across

Per Store

Flower G

680.4

Mature Plants

6

Immature Plants

12

Counted as

Independent Categories

Enforced across

Statewide Registry

No sale, delivery or transfer of a marijuana item or hemp item to a person under 21 unless the person holds a valid OMMP patient or designated primary caregiver card.

Trigger

age_verify

Licence types

Or-Retailer

Customer classes

Adult, Non Resident

Before completing a sale the retailer must view a valid, unexpired government issued photo ID from the listed types to verify the consumer is 21 or older.

Trigger

age_verify

Licence types

Or-Retailer

No licensee may sell, give or make available any marijuana item to a person who is visibly intoxicated; the same bar applies at delivery.

Trigger

sale

Licence types

Or-Retailer

A cardholder or caregiver aged 18 to 20 may be present and buy only if the OMMP card is valid and the retailer is registered with OLCC to sell for medical purposes; otherwise block.

Trigger

age_verify

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Customer classes

Patient, Caregiver

Record in CTS the receipt or card number of every cardholder or caregiver who receives marijuana items, with the date and amount sold or transferred.

Trigger

sale

Licence types

Or-Retailer-Medical-Registration

Customer classes

Patient, Caregiver

Prior to discounts or tax, a retailer may not charge a cardholder a higher price for the same marijuana item than a non-cardholder pays.

Trigger

sale

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Customer classes

Patient, Caregiver

Block a sale that would exceed, at one time or within one day, 2 oz usable marijuana, 16 oz solid cannabinoid product, 72 fl oz liquid cannabinoid product, 10 g extracts or concentrates, 10 g inhalable cannabinoid products, 4 immature plants or 10 seeds.

Trigger

sale

Licence types

Or-Retailer

Customer classes

Adult, Non Resident

Do not knowingly provide a cardholder or caregiver more than 8 oz of usable marijuana at one time or within one day per patient, nor more than 32 oz in one calendar month per patient.

Trigger

sale

Licence types

Or-Retailer-Medical-Registration

Customer classes

Patient, Caregiver

Every marijuana item or receptacle must carry a CTS UID tag and each sale must be recorded in CTS as a sales transaction against that item, so a sale line without a package UID cannot be completed.

Trigger

sale

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Licensees must comply with OHA testing rules (OAR 333-007-0300 to 333-007-0500) before sale or transfer; a batch labeled PRODUCT NOT TESTED must be secured and may be sold only if the samples pass.

Trigger

sale

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Marijuana items may not move between licensed premises without a CTS generated printed manifest; on receipt the retailer records each UID as accepted or rejected in CTS, verifies items against the manifest and documents any quantity differences per UID.

Trigger

transfer_in

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

A retailer may transfer marijuana items only to consumers, cardholders, a retailer under common ownership, seeds to a producer, waste to a producer, processor, wholesaler or research certificate holder, or its entire inventory to a single wholesaler under OAR 845-025-7700.

Trigger

transfer_out

Licence types

Or-Retailer

All marijuana item inventories and weights must be reconciled in CTS by 8 a.m. local time of the next calendar day.

Trigger

shift_close

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Record each sale, delivery or transfer to a consumer in CTS as a sales transaction with the price before tax, the amount of each item and the date, for each individual transaction; no-cost transfers to a patient or caregiver are recorded as a sale at zero price.

Trigger

reporting

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

If CTS access is lost the licensee must keep comprehensive manual records, enter them once access is restored, document the outage window, and may not transport marijuana items to another licensed premises until access is restored and recorded.

Trigger

transfer_out

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Data entered in CTS in error must be corrected, the licensee is responsible for accuracy of all CTS entries, and intentional misrepresentation is a Category II violation; the POS must require a reason on every adjustment.

Trigger

inventory_adjust

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Waste that was a marijuana item must be held on the licensed premises at least three business days under camera coverage before disposal, with the reason for the waste and the exact time and method of destruction documented in the form OLCC prescribes.

Trigger

destruction

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

A retailer may not provide free marijuana items to a consumer; only cardholders and caregivers may receive usable marijuana or medical grade items free or discounted, through a medical-registered retailer.

Trigger

sample

Licence types

Or-Retailer

Customer classes

Adult, Non Resident

A marijuana item may not be discounted because it is sold together with any other item, including other marijuana or hemp items, nor contingent on buying a non-marijuana item.

Trigger

discount

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Retailer samples may go only to worker permit holders who work for the licensee, within the per-worker limits (5 g usable marijuana per harvest lot per strain per month, one unit each of packaged concentrate, extract and product per process lot), labeled TRADE SAMPLE NOT FOR RESALE, designated as trade samples in CTS with the date, time and worker permit number recorded; samples may not be sold or consumed on premises.

Trigger

sample

Licence types

Or-Retailer

Returns are accepted only from the customer or cardholder who bought the item (or the supplying licensee), must be recorded accurately in CTS, may be refunded or exchanged for equal or lesser value, and returned items may never be resold or transferred to another consumer.

Trigger

return

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

A retailer must request and receive written OLCC approval before making any deliveries; approval may be withdrawn for noncompliance or safety risk.

Trigger

delivery

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

A bona fide order (name, date of birth, requested delivery date, residence address, item list and amounts, personal-use statement) must be received before 8:00 p.m. on the day delivery is requested; delivery is same day.

Trigger

delivery

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Delivery may go only to a residence in Oregon (a dwelling such as a house or apartment), not to a dormitory, hotel, motel, bed and breakfast or similar commercial business, and not to a residence on publicly owned land.

Trigger

delivery

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Deliveries are limited to the city where the retailer is licensed (or the unincorporated area of its county), plus an adjacent city or unincorporated county only if that jurisdiction has adopted an ordinance allowing interjurisdictional deliveries; the geographic limit does not apply to deliveries to a patient or caregiver.

Trigger

delivery

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Customer classes

Adult, Non Resident

The delivery person must check ID to confirm the recipient is the person who placed the order and is 21 or older (or 18 to 20 and a current cardholder), obtain a signature confirming receipt, and may not deliver to a visibly intoxicated person.

Trigger

delivery

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

No more than one delivery per day to the same physical address or the same individual.

Trigger

delivery

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Each delivery or series of deliveries needs a CTS manifest naming the recipient and destination address; items ride in a locked box in a GPS equipped motor vehicle with no marijuana markings, packaged per OAR 845-025-7000 to 7190 inside a receptacle labeled with the 21-plus signature notice, and no more than $10,000 retail value on board at one time.

Trigger

delivery

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Document for each delivery the bona fide order and when it was received, delivery date and time, items with weight or volume and price paid, who delivered, and the recipient name or OMMP card number and address; the recipient name need be kept only one year.

Trigger

record_retention

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Financial and business records (purchase invoices, bank statements, accounting and tax records, contracts, employee and training records, ownership information) must be kept, on paper or electronically, for three years and produced to OLCC on request.

Trigger

record_retention

Licence types

Or-Retailer, Or-Retailer-Medical-Registration, Or-Producer, Or-Processor, Or-Wholesaler, Or-Laboratory

The 17 percent state tax (and any local tax) is collected at the point of sale and separately stated on the receipt, which must show the retailer name and address, taxed items and their tax category, subtotal before tax, state tax, local tax if any, total, and a unique receipt identifier.

Trigger

sale

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Customer classes

Adult, Non Resident

Consumer packaging must carry the universal symbol and the warning "For use only by adults 21 and older. Keep out of reach of children." (medical items: "For use by OMMP patients only. Keep out of reach of children."); a retailer receiving a noncompliant label must notify OLCC and either return the item or correct it by sticker with only the missing required elements.

Trigger

labeling

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

A consumer may not open or alter a package or remove a marijuana item from required packaging on the licensed premises, may not bring marijuana items onto the premises except for a return, and staff must handle unpackaged items with gloves or tools.

Trigger

sale

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Advertising may not be false or misleading, target people under 21 (minors, cartoons, toys), encourage cross-border transport or illegal activity, claim safety or government endorsement because of regulation or testing, make unsupported curative claims, depict consumption, or push intoxication or rapid use; print, billboard, TV, radio and internet ads must carry the three required statements, no handbills in public areas, media only where no more than 30 percent of the audience is under 21, web pages must age gate, and location based mobile marketing needs an installed opt-in app with a permanent opt-out.

Trigger

advertising

Licence types

Or-Retailer, Or-Retailer-Medical-Registration, Or-Producer, Or-Processor, Or-Wholesaler

Medical grade products may be sold only to cardholders and caregivers, must be stored and displayed separately from other marijuana items, labeled under the medical labeling rules, and may not exceed the OAR 845-026-0220 concentration limits.

Trigger

sale

Licence types

Or-Retailer-Medical-Registration

Customer classes

Adult, Non Resident

A retailer may sell marijuana items only between 7 a.m. and 10 p.m. local time and may not permit consumers on the premises or sell between 10 p.m. and 7 a.m.

Trigger

sale

Licence types

Or-Retailer

Deliveries must be completed before 9:00 p.m. local time and may not be made between 9:00 p.m. and 8:00 a.m.

Trigger

delivery

Licence types

Or-Retailer, Or-Retailer-Medical-Registration

Before a medical sale the retailer must view government photo ID plus the OHA registry or caregiver card (or an unexpired OHA receipt under OAR 333-008-0023 or 333-008-0040), confirm the identities match and the card is current.

Trigger

patient_verify

Licence types

Or-Retailer-Medical-Registration

Customer classes

Patient, Caregiver