Section 475C.792 - Marijuana grow site registration system; fees; rules(1)(a) The Oregon Health Authority shall establish by rule a marijuana grow site registration system to track and regulate the production of marijuana by a registry identification cardholder or a person designated by the registry identification cardholder to produce marijuana for the registry identification cardholder.(b) Except as provided in paragraph (c) of this subsection, a person may not produce marijuana unless the person is registered under this section.(c) Paragraph (b) of this subsection does not apply to the production of marijuana as provided in ORS 475C. 005 to 475C. 525 or as otherwise provided for by the statutory laws of this state.(2) Rules adopted under this section must require an applicant for a registry identification card, or a registry identification cardholder who produces marijuana or who designates another person to produce marijuana, to submit an application to the authority containing the following information at the time of making an application under ORS 475C. 783 (2), renewing a registry identification card under ORS 475C. 783 (6)(b), or notifying the authority of a change under ORS 475C. 783 (6)(a): (a) The name of the person responsible for the marijuana grow site;(b) Proof that the person is 21 years of age or older;(c) If the registry identification cardholder or the person responsible for the marijuana grow site is not the owner of the premises of the marijuana grow site, signed informed consent from the owner of the premises to register the premises as a marijuana grow site;(d) The address of the marijuana grow site; and(e) Any other information that the authority considers necessary to track the production of marijuana under ORS 475C. 770 to 475C. 919.(3)(a) The authority shall conduct a criminal records check under ORS 181A.195 of any person whose name is submitted under this section as the person responsible for a marijuana grow site.(b) A person convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II may not act as or be designated a person responsible for a marijuana grow site for two years from the date of conviction.(c) A person convicted more than once of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II may not act as or be designated a person responsible for a marijuana grow site.(4) Subject to subsection (11) of this section, the authority shall issue a marijuana grow site registration card if the requirements of subsections (2) and (3) of this section are met.(5) A person who holds a marijuana grow site registration card under this section must display the card at the marijuana grow site at all times.(6) A marijuana grow site registration card must be obtained and posted for each registry identification cardholder for whom marijuana is being produced at a marijuana grow site.(7)(a) All seeds, immature marijuana plants, mature marijuana plants and usable marijuana associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site are the property of the registry identification cardholder.(b) All seeds, immature marijuana plants, mature marijuana plants and usable marijuana associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site must be transferred to the registry identification cardholder upon the request of the registry identification cardholder.(c) All usable marijuana associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site must be transferred to a marijuana processing site upon the request of the registry identification cardholder. For purposes of this paragraph, a request to transfer usable marijuana constitutes an assignment of the right to possess the usable marijuana.(d) All seeds, immature marijuana plants and usable marijuana associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site must be transferred to a medical marijuana dispensary upon request of the registry identification cardholder. For purposes of this paragraph, a request to transfer seeds, immature marijuana plants or usable marijuana constitutes an assignment of the right to possess the seeds, immature marijuana plants or usable marijuana.(e) Information related to transfers made under this subsection must be submitted to the authority in the manner required by ORS 475C. 795.(8) A registry identification cardholder, or the designated caregiver of a registry identification cardholder, may reimburse a person responsible for a marijuana grow site for all costs associated with the production of marijuana for the registry identification cardholder.(9) The authority may inspect: (a) The marijuana grow site of a person designated to produce marijuana by a registry identification cardholder to ensure compliance with this section and ORS 475C. 795 and 475C. 806 and any rule adopted under this section and ORS 475C. 795 and 475C. 806; and(b) The records of the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder to ensure compliance with this section and ORS 475C. 795 and any rule adopted under this section and ORS 475C. 795.(10) The authority may refuse to register a registry identification cardholder or a designee under this section or may suspend or revoke the registration of a person responsible for a marijuana grow site if the authority determines that the applicant or the person responsible for a marijuana grow site violated a provision of ORS 475C. 770 to 475C. 919, a rule adopted under ORS 475C. 770 to 475C. 919 or an ordinance adopted pursuant to ORS 475C. 827.(11) The authority may require a person responsible for a marijuana grow site, prior to issuing a marijuana grow site registration card under subsection (4) of this section, to pay a fee reasonably calculated to pay costs incurred under this section and ORS 475C. 795 and 475C. 856. Section 8, chapter 103, Oregon Laws 2018, provides:
Sec. 8. The fact that a marijuana grow site registered under ORS 475B.810 [renumbered 475C. 792] is subject to the provisions of ORS 475B.895 [renumbered 475C. 871] does not, by itself, mean that the marijuana grow site is a commercial operation for purposes of state law. [2018 c. 103, § 8]