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Drugs Politics

Hyperlinked Text of New Approach Oregon Marijuana Legalization Initiative

An Act
Be it Enacted by the People of the State of Oregon:
This Act shall be known as:

Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act

Disclaimer

This hyperlinked version of the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act is not the official text submitted for the ballot. This version has been modified slightly to accommodate hyperlinking and descriptive text (e.g. “Sections 3 to 70” references are now “SECTION 3 to SECTION 70” with hyperlinks to each section). This version is not produced or endorsed by New Approach Oregon, its campaign staff, or its chief petitioner. Please visit NewApproachOregon.com or the Oregon Secretary of State’s Office for official text and information.

Hyperlinked Table of Contents

SECTION 1. [PURPOSES] 5

SECTION 2. [ADDED TO STATUTE] 6

[General Provisions] 6

SECTION 3. Short title. 6

SECTION 4. Limitations. 6

SECTION 5. Definitions. 7

SECTION 6. Exemptions. 11

SECTION 7. Powers and duties of Oregon Liquor Control Commission. 12

SECTION 8. Powers and duties of State Department of Agriculture. 13

SECTION 9. Powers and duties of Oregon Health Authority. 13

SECTION 10. No liability for official acts. 14

SECTION 11. Powers; licenses; federal law. 14

SECTION 12. Contracts. 14

SECTION 13. Licensees and licensee representatives. 14

[Purchaser’s Qualifications and Identification] 15

SECTION 14. Purchaser’s qualifications. 15

SECTION 15. Limitations on purchasing may be imposed. 15

SECTION 16. Requiring identification from certain purchasers. 15

SECTION 17. False statement of age; statement of age as defense. 15

[Marijuana Licenses] 16

SECTION 18. Oregon Liquor Control Commission’s licensing duties. 16

SECTION 19. Production license. 16

SECTION 20. Processor license. 17

SECTION 21. Wholesale license. 17

SECTION 22. Retail license. 17

SECTION 23. Examination of books and premises of licensees. 17

SECTION 24. No “tied house” prohibitions. 18

[Licensing Procedures] 18

SECTION 25. Characteristics of license. 18

SECTION 26. License terms; licenses issued for less than year; determination of fees. 19

SECTION 27. Delivery of marijuana. 19

SECTION 28. Application for license; rules; fees. 20

SECTION 29. Grounds for refusing to issue license. 20

SECTION 30. Grounds for cancellation or suspension of license. 22

[Marijuana Taxes] 23

SECTION 31. Administration by Oregon Liquor Control Commission. 23

SECTION 32. Definition of “sale”. 23

SECTION 33. Tax on marijuana. 24

SECTION 34. Payment of taxes; refunds; interest or penalty; appeal. 25

SECTION 35. Statements by marijuana producers as to quantities sold. 26

SECTION 36. Estimate by Oregon Liquor Control Commission when statement not filed or false statement filed. 26

SECTION 37. Lien created by the tax. 26

SECTION 38. Records to be kept by marijuana producers. 27

SECTION 39. Inspection of marijuana producer’s records; records to be kept for prescribed period. 27

SECTION 40. Failure to pay tax or maintain records. 27

SECTION 41. Applicability to interstate and foreign commerce. 28

SECTION 42. State has exclusive right to tax marijuana. 28

[Distribution of Moneys] 29

SECTION 43. Disposition of moneys; revolving fund. 29

SECTION 44. Distribution of available moneys in Oregon Marijuana Account. 29

[Prohibitions Relating to Marijuana] 31

SECTION 45. Importing and exporting marijuana prohibited. 31

SECTION 46. Marijuana may not be given as prize. 32

SECTION 47. Providing marijuana to intoxicated person; allowing consumption by minor on property. 32

SECTION 48. Misrepresentation by licensee and others; maintenance of disorderly establishment. 32

SECTION 49. Attempted purchase of marijuana by person under 21; entry of licensed premises by person under 21. 33

SECTION 50. Compliance with standards. 34

SECTION 51. Use of misleading mark or label on container; injurious or adulterated ingredients. 34

SECTION 52. Minimum age requirement. 34

SECTION 53. Mature marijuana plants. 35

SECTION 54. Use of marijuana in public place prohibited. 35

SECTION 55. Possession of marijuana in correctional facility prohibited. 36

SECTION 56. Homegrown marijuana in public view prohibited. 36

SECTION 57. Homemade marijuana extracts prohibited. 36

[Cities and Counties; Local Option] 36

SECTION 58. Marijuana laws supersede and repeal inconsistent charters and ordinances. 36

SECTION 59. Authority of cities and counties over establishments that serve marijuana. 37

SECTION 60. Petition and election for local option. 37

SECTION 61. Sales not affected by local option laws. 38

SECTION 62. Effective date of local option. 38

[Enforcement of Marijuana Laws] 38

SECTION 63. Duty of officers to enforce and to inform district attorney. 38

SECTION 64. Confiscation of marijuana and property. 39

SECTION 65. Duty to notify Oregon Liquor Control Commission of conviction of licensee. 39

SECTION 66. Property and places as common nuisances. 40

SECTION 67. Lien on place used to unlawfully handle marijuana. 40

SECTION 68. Governor authorized to suspend license. 40

[Criminal Penalties] 41

SECTION 69. Penalties. 41

SECTION 70. Severability. 41

SECTION 71. Section 280E of the Internal Revenue Code. 41

SECTION 72. Definition of controlled substance. 41

SECTION 73. Use of marijuana while driving; penalty. 42

[Amendments to Current Law] 42

SECTION 74. ORS 316.680, as amended by section 3, chapter 194, Oregon Laws 2013, is amended to read: 42

316.680 Modification of taxable income. 42

SECTION 75. ORS 475.525 is amended to read: 45

475.525 Sale of drug paraphernalia prohibited; definition of drug paraphernalia; exceptions. 45

SECTION 76. ORS 475.752, as amended by section 3, chapter 591, Oregon Laws 2013, is amended to read: 48

475.752 Prohibited acts generally; penalties; affirmative defense for certain peyote uses; causing death by Schedule IV substance. 48

SECTION 77. ORS 475.856, as amended by section 1, chapter 591, Oregon Laws 2013, is amended to read: 50

475.856 Unlawful manufacture of marijuana. 50

SECTION 78. ORS 475.860 is amended to read: 51

475.860 Unlawful delivery of marijuana. 51

SECTION 79. ORS 475.864, as amended by section 2, chapter 591, Oregon Laws 2013, is amended to read: 52

475.864 Unlawful possession of marijuana. 52

SECTION 80. ORS 571.315 is amended to read: 54

571.315 Revocation or refusal of license or permit; civil penalty. 54

SECTION 81. [Amendment Applicability] 55

SECTION 82. [Amendment Operative Date] 55

SECTION 83. [Section Captions] 55

SECTION 84. [Effective Date] 55

SECTION 85. [Conflicting Initiative] 55

SECTION 86. [Severability] 56

Boldface indicates new text added to statute, red text represents existing text removed from statute, plain text indicates the current text in statute, [brackets] indicate descriptive text added but not included in the law.