ORS § 475A.400

Current through 2024 Regular Session legislation effective April 17, 2024
Section 475A.400 - Use of tracking system for psilocybin products; distribution of moneys
(1) The Oregon Health Authority shall:
(a) Develop and maintain a system for tracking the transfer of psilocybin products between premises for which licenses have been issued under ORS 475A.210 to 475A.722; or
(b) Enter into an agreement with the Oregon Liquor and Cannabis Commission under which the commission shall permit the authority to use the system developed and maintained under ORS 475C. 177 to track the transfer of psilocybin products between premises for which licenses have been issued under ORS 475A.210 to 475A.722.
(2) The purposes of the system include, but are not limited to:
(a) Preventing the diversion of psilocybin products to other states;
(b) Preventing persons from substituting or tampering with psilocybin products;
(c) Ensuring an accurate accounting of the production, processing and sale of psilocybin products;
(d) Ensuring that laboratory testing results are accurately reported; and
(e) Ensuring compliance with ORS 475A.210 to 475A.722, rules adopted under ORS 475A.210 to 475A.722 and any other law of this state that charges the authority or commission with a duty, function or power related to psilocybin.
(3) The system must be capable of tracking, at a minimum:
(a) The manufacturing of psilocybin products;
(b) The sale of psilocybin products by a psilocybin service center operator to a client;
(c) The sale and purchase of psilocybin products between licensees, as permitted by ORS 475A.210 to 475A.722;
(d) The transfer of psilocybin products between premises for which licenses have been issued under ORS 475A.210 to 475A.722; and
(e) Any other information that the authority determines is reasonably necessary to accomplish the duties, functions and powers of the authority under ORS 475A.210 to 475A.722.
(4) Notwithstanding ORS 475A.710, before making any other distribution from the Oregon Psilocybin Account established under ORS 475A.710, the Department of Revenue shall first distribute moneys quarterly from the account to the commission for deposit in the Marijuana Control and Regulation Fund established under ORS 475C. 297 for purposes of paying any costs incurred by the commission under subsection (1)(b) of this section. For purposes of estimating the amount of moneys necessary to pay any costs incurred under this section, the commission shall establish a formulary based on expected costs for each licensee that is tracked under this section. The commission shall provide to the Department of Revenue and the Legislative Fiscal Officer before each quarter the estimated amount of moneys necessary to pay costs expected to be incurred under this section and the formulary.

ORS 475A.400

2021 c. 1, § 45

As originally enacted by the people, the leadline to ORS 475A.400 read "Use of Oregon Liquor Control Commission tracking system for psilocybin products; exemptions; rules." The leadline was changed by editorial action.