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Current as of January 01, 2023 | Updated by FindLaw Staff
(1) The retail sale of marijuana items is subject to regulation by the Oregon Liquor Control Commission.
(2) A marijuana retailer must have a retail license issued by the commission for the premises at which marijuana items are sold. To hold a retail license under this section, a marijuana retailer:
(a) Must apply for a license in the manner described in ORS 475B.040;
(b) Must provide proof that the applicant is 21 years of age or older;
(c) May not be located in an area that is zoned exclusively for residential use;
(d) Except as provided in section 29b of this 2016 Act, may not be located within 1,000 feet of:
(A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
(B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and
(e) Must meet the requirements of any rule adopted by the commission under subsection (3) of this section.
(3) The commission shall adopt rules that:
(a) Require a marijuana retailer to annually renew a license issued under this section;
(b) Establish application, licensure and renewal of licensure fees for marijuana retailers;
(c) Require marijuana items sold by a marijuana retailer to be tested in accordance with ORS 475B.555;
(d) Subject to the limitations and privileges described in section 5 (4) of this 2016 Act, allow a marijuana retailer registered under section 5 of this 2016 Act to sell medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts at retail in the same manner that rules adopted under ORS 475B.010 to 475B.395 allow a marijuana retailer to sell general use cannabinoid products, cannabinoid concentrates and cannabinoid extracts at retail, excepting those circumstances where differentiating between the sale of medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts and the sale of general use cannabinoid products, cannabinoid concentrates and cannabinoid extracts is necessary to protect the public health and safety; and
(e) Require a marijuana retailer to meet any public health and safety standards and industry best practices established by the commission by rule.
(4) Fees adopted under subsection (3)(b) of this section:
(a) May not exceed the cost of administering ORS 475B.010 to 475B.395 with respect to marijuana retailers; and
(b) Shall be deposited in the Marijuana Control and Regulation Fund established under ORS 475B.240.
Cite this article: FindLaw.com - Oregon Revised Statutes Alcoholic Liquors; Controlled Substances; Drugs § 475B.110 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-37-alcoholic-liquors-controlled-substances-drugs/or-rev-st-sect-475b-110/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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