474.015 Short Title. This chapter may
be cited as the “Oregon Cannabis Tax Act.”
474.025 Purpose of the Oregon Cannabis
Tax Act. This chapter shall be liberally construed so as to minimize the
misuse and abuse of cannabis; to prevent the illicit sale or provision of
cannabis to minors; and to protect the peace, safety, and happiness of
Oregonians while preserving the largest measure of liberty consistent with
the above purposes.
474.035 Powers and duties of the
commission, licenses for cultivation and processing. Hemp fiber, protein, oil
not regulated.
(1) The commission shall have the powers necessary to carry out the
provisions of this chapter. It shall make such
rules and regulations as will discourage and minimize the diversion of
cannabis to illicit sale or use within the state, the illicit importation and
sale of cannabis cultivated or processed outside the state, and the illicit
export or removal of cannabis from the state. The commissions jurisdiction
shall extend to any person licensed under this chapter
to cultivate or process cannabis, but shall not extend to any person who
manufactures products from hemp. Hemp production for fiber, protein and oil
shall be allowed without regulation, license or fee. No federal license shall
be required to cultivate hemp in Oregon.
(2) The commission shall issue to any
qualified applicant a license to cultivate cannabis for sale to the
commission. The license shall specify the areas, plots, and extent of lands
to be cultivated. The commission shall equitably apportion the purchase of
cannabis among all licensees. The commission shall purchase and sell cannabis
products of the quality and grade set by market demand.
(3) The commission shall issue
licenses to process cannabis to qualified applicants who submit successful
bids. Licensed processors shall, as specified by the commission, contract,
cure, extract, refine, mix, and package the entire cannabis crop and deliver
it to the commission’s physical possession as soon as possible, but not later
than four months after harvest.
474.045 Commission to sell cannabis
at cost for medical purposes. The Commission shall sell cannabis at cost,
including OCLCC expenses:
(a) To Oregon and other states’
pharmacies for use under a physician’s order for glaucoma, nausea related to
chemotherapy, AIDS, or any other condition for which a physician finds
cannabis to be an effective treatment; and,
(b) To recognized Oregon medical
research facilities for use in research directed toward expanding medical and
sociological knowledge of the composition, effects, uses, and abuse of
cannabis, to include studies of cannabis
purchasers voluntarily participating through OCLCC stores under ORS 474.055.
474.055 Commission to set price and
sell through OCLCC stores. The commission shall sell cannabis through OCLCC
stores and shall set the retail price of cannabis to generate profits for
revenue to be applied to the purposes noted in ORS chapter 474 and to
minimize incentives to purchase cannabis elsewhere, to purchase cannabis for
resale or for removal to other states.
474.065 Qualifications of purchasers
and licensees, effect of conviction. To be qualified to purchase, cultivate,
or process cannabis, a person must be over 21 years of age and not have been
convicted of sale of cannabis to minors or convicted under this chapter of
unlicensed cultivation or sale of cannabis.
(2) Conviction for cultivation or
sale of cannabis to other than minors, when committed prior to the effective
date of this chapter, shall not be grounds for denial of an application for a
license under this chapter.
474.075 Disposition of license fees
and profits from sale of cannabis by state.
(1) The commission shall collect
license fees which shall be calculated and continually appropriated to defray
the commission’s administrative costs of issuing licenses under this chapter
and the Attorney General’s costs of litigation in defense of the validity of
this chapter’s provisions and in defense of persons subjected to criminal or
civil liability for actions licensed or required under this chapter.
(2) All money from the sale of
cannabis shall be remitted to the State Treasurer for credit to a cannabis
account, from which sufficient money shall be continually appropriated:
(a) To reimburse the commission for
the costs of purchasing, processing, testing, grading, shipping, and selling
cannabis; of regulating, inspecting, and auditing licensees; and of research
studies required by this chapter; and,
(b) To reimburse the Attorney
General’s office for costs of enforcing this chapter’s criminal provisions.
(c) To reimburse OCLCC contractors
for their expenses and labor with 15 percent of gross sales.
(3) All money remaining in the
cannabis account after reimbursement of the related commission and Attorney
General costs shall be profits which the State Treasurer shall distribute
quarterly as follows:
(a) Ninety percent shall be credited
to the state’s general fund to finance state programs.
(b) Eight percent shall be credited
to the Department of Human Resources and shall be continually appropriated to
fund various drug abuse treatment programs on demand.
(c) One percent shall be credited to
create and fund an agricultural state committee for the promotion of Oregon
hemp fiber, protein and oil crops and associated industries.
(d) One percent shall be distributed
to the state’s school districts, appropriated by enrollment, and shall be
continually appropriated to fund a drug education program which shall:
(I) Emphasize a citizen’s rights and
duties under our social compact and to explain to students how drug abusers
might injure the rights of others by failing to fulfill such duties;
(II) Persuade students to decline to
consume intoxicants by providing them with accurate information about the
threat intoxicants pose to their mental and physical development; and,
(III) Persuade students that if, as
adults, they choose to consume intoxicants, they must nevertheless
responsibly fulfill all duties they owe others.
474.085 Commission to establish
psychoactive concentrations of cannabinols. The commission, based on findings
made in consultation with the Board of Pharmacy and cannabis and hemp farmers
to cannabinoid and cannabidiol concentrations which produce intoxication, the
economics of residual cannabis extraction, and strains of hemp that produce
better quality and quantity of fiber, protein and oil, shall establish
reasonable concentrations of cannabinols deemed psychoactive under this
chapter.
474.095 Commission to set standards,
test purity, grade potency of cannabis, label contents.
(1) The commission, in consultation
with the State Board of Pharmacy, shall set standards which the commission
shall apply:
(a) To test and reject cannabis
containing adulterants in concentrations known to harm people; and,
(b) To grade cannabis potency by
measuring the concentrations of psychoactive cannabinoids it contains.
(2) The commission shall affix to
cannabis packages a label which shall bear the state seal, a certification of
purity, a grade of potency, the date of harvest, a warning as to the
potential for abuse, and notice of laws prohibiting resale,
removal from the state, public consumption, and provision and sale to minors.
474.105 Commission may limit
purchases. The commission may limit the quantity of cannabis purchased by a
person at one time or over any length of time and may refuse to sell cannabis
to any person who violates this chapter’s provisions or abuses cannabis
within the meaning of ORS 474.005(1). The commission will require persons
convicted of violating this act, any criminal statute while under the influence
of cannabis, or neglecting any statutory or common-law duty by reason of
cannabis intoxication or abuse, to complete a program prior to reinstating
their privilege to purchase cannabis.
474.115 Unlicensed cultivation for
sale, removal from the state, penalties. Cultivation for sale, removal from
the state for sale, and sale of cannabis, without commission authority, shall
be Class C felonies, and removal from the state of cannabis for other than
sale shall be a Class A misdemeanor.
474.125 Sale or provision to minors,
penalties, exception. The sale of cannabis to minors shall be a Class B
felony, and gratuitous provision of cannabis to minors shall be a Class A
misdemeanor, except when to a minor over 18 years of age under the same
conditions provided by ORS 471.030(1) for alcohol.
474.135 Fine as additional penalty.
In addition to other penalties and in lieu of any civil remedy, conviction of
sale or unlicensed cultivation for sale under ORS 474.115 or 474.125 shall be
punishable by a fine which the court shall determine will deprive an offender
of any profits from the criminal activity.
474.145 Acquisition by minors,
penalty. Except as provided by ORS 474.125, the purchase, attempt to
purchase, possession, or acquisition of cannabis by a person under 21 years
of age shall be a violation punishable by a fine of not more than $250.
474.155 Public consumption
prohibited, penalty, exception. Except where prominent signs permit and
minors are neither admitted nor employed, public consumption of cannabis
shall be a violation punishable by a fine of not more than $250. 474.205
Commission to study methods of use, potential for abuse, establish cannabis
levels for presumption of intoxication. The commission, in consultation with
the Board of Pharmacy and by grants to accredited research facilities,
shall:
(a) Study methods of use and the
potential for, and ill effects of, abuse of cannabis, the possible damage of
throat and lungs from inhaling cannabis smoke, less harmful methods of administration,
including but not limited to filtration of smoke and non-combustive
vaporization of the psychoactive agents in cannabis, and shall report its
findings in pamphlets distributed at OCLCC stores; and,
(b) Study cannabis intoxication and,
if practicable, shall establish by rule levels of impairment above which a
person shall be presumed intoxicated.
474.215 Presumption of negligence. In
civil cases, a rebuttable presumption of negligence shall arise upon clear
and convincing evidence that a person is found to be intoxicated at the time
of an accident and if the person’s actions materially contributed to the
cause of injury.
474.305 Disclosure of names and
addresses prohibited. Information on applicants, licensees, and purchasers
under this chapter shall not be disclosed except upon the person’s request.
474.315 Attorney General’s duties.
The Attorney General shall vigorously defend this Act and any person
prosecuted for acts licensed under this chapter, propose a federal and/or
international act to remove impediments to this chapter, deliver the proposed
federal and/or international act to each member of Congress and/or
international organization, and urge adoption of the proposed federal and/or
international act through all legal and appropriate means.
474.325 Effect. This Act shall take
effect on January 1, 2011. Any section of this Act being held invalid as to
any person or circumstance shall not affect the application of any other
section of this Act that can be given full or partial effect without the
invalid section or application. If any law or entity of any type whatsoever
is held to impede this chapter’s full effect, unimpeded provisions shall
remain in effect and the impeded provisions shall regain effect upon the
impediments removal.
Campaign for the Restoration
and Regulation of Hemp
CRRH
P.O. Box 86741
Portland, OR 97214
(503) 235-4606
http://www.crrh.org
crrh@crrh.org
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