(1) Except as provided in 475B.910 (exceptions to exemption from criminal liability for medical marijuana), a person has an affirmative defense to a criminal charge of possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element, if they:

(a) were diagnosed with a debilitating medical condition within twelve (12) months of the date on which they were arrested and were advised by their attending physician that the medical use of marijuana may mitigate the symptoms or effects of that debilitating medical condition

(b) are engaged in the medical use of marijuana AND

(c) possess, deliver or manufacture marijuana only in quantities permitted under 475B.831 (possession limits for plants)

(2) a person does not need to lawfully possess a registry identification card to assert the affirmative defense established in this section

(3) a person engaged in the medical use of marijuana who claims that marijuana provides medically necessary benefits and who is charged with a crime pertaining to the use of marijuana is not precluded from presenting a defense of choice of evils, as set forth in 161.200 (choice of evils), or from presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition, provided that:

(a) they possess, deliver or manufacture marijuana only as permitted under 475B.831 (possession limits for plants) (1) AND

(b) they have taken a substantial step toward complying with the provisions of 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949)

(4) A defendant proposing to use the affirmative defense established in this section in a criminal action will, not less than five (5) days before the trial of the cause, file & serve upon the district attorney a written notice of the intention to assert the affirmative defense. The notice must specifically state the reasons why the defendant is entitled to assert the affirmative defense and the factual basis for the affirmative defense. If the defendant fails to file and serve the notice, the defendant is not permitted to assert the affirmative defense at the trial of the cause unless the court orders, for good cause, otherwise

(1) registration or possession of proof of registration under 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949) doesn't constitute probable cause to search the person or property of the registrant or otherwise subject the person or property of the registrant to inspection by a government agency. However, the Oregon Health Authority may inspect the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site registered under 475B.840 (Marijuana processing site registration system), or a medical marijuana dispensary registered under 475B.858 (Medical marijuana dispensary registration system), at any reasonable time to determine whether the person responsible for the marijuana grow site, the person responsible for the marijuana processing site, or the person responsible for the medical marijuana dispensary, is in compliance with 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949) and rules adopted under the same

(2) Any property interest possessed, owned or used in connection with the medical use of marijuana or acts incidental to the medical use of marijuana that has been seized by state or local law enforcement officers may not be harmed, neglected, injured or destroyed while in the possession of a law enforcement agency, except that a law enforcement agency has no responsibility to maintain live marijuana plants lawfully seized. Such property interest may not be forfeited under any provision of law providing for the forfeiture of property, except pursuant to a sentence imposed after conviction of a criminal offense. Marijuana and equipment or paraphernalia used to produce, process or administer marijuana that was seized by a law enforcement officer shall be returned immediately if the district attorney in whose county the property was seized, or the district attorney's designee, determines that the person from whom the marijuana, equipment or paraphernalia was seized is entitled to the protections provided by ORS 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949). The determination may be evidenced by a decision not to prosecute, the dismissal of charges or acquittal

no one is exempt from the criminal laws of Oregon for possession, delivery or manufacture of marijuana, aiding and abetting another in the possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element, and they may not assert the affirmative defense established in |475B.913 (Affirmative defense), if the they, in connection with conduct constituting an element of the offense:

(1) drive under the influence of marijuana as per 813.010 (duii)

(2) engage in the medical use of marijuana in a public place, in public view or in a correctional facility, or a youth correction facility OR or

(3) deliver marijuana to any individual who the person knows is not in possession of a registry identification card or to anyone or entity that they know has not been designated to receive marijuana or assigned a possessory interest in marijuana by an individual in possession of a registry identification card

except as provided in 475B.910 (Exceptions to exemption from criminal liability), a person engaged in or assisting in the medical use of marijuana is exempt from the criminal laws of this state for possession, delivery or manufacture of marijuana, aiding and abetting another in the possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element if:

(1) the person holds a registry identification card

(2) the person has applied for a registry identification card under 475B.797 (Registry identification cardholders) & the person has proof of written documentation described in 475B.797 (Registry identification cardholders) (2)(a) and proof of the date on which the person submitted the application to the Oregon Health Authority. An exemption under this subsection applies only until the authority approves or denies the application.

(3) the person is designated as a primary caregiver under 475B.804 (Designated primary caregivers)

(4) the person is responsible for or is employed by a marijuana grow site registered under 475B.810 (Marijuana grow site registration system)

(5) the person owns, is responsible for, or is employed by, a marijuana processing site

(6) the person owns, is responsible for, or is employed by, a medical marijuana dispensary

(1)(a) the medical marijuana dispensary is not located within 500 feet of:

(A) a public elementary or secondary school for which attendance is compulsory under 339.020 (Duty to send children to school) OR

(B) a private or parochial elementary or secondary school, teaching children as described in 339.030 (Exemptions from compulsory school attendance) (1)(a) AND

(b) the Oregon Health Authority determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the medical marijuana dispensary OR

(2) the medical marijuana dispensary was established before August 1, 2017, in accordance with a city or county ordinance adopted under section 29, chapter 83, Oregon Laws 2016

(1)(a) a registry identification cardholder & the designated primary caregiver of the registry identification cardholder may jointly possess:

(A) six (6) or fewer mature marijuana plants; and

(B) twelve (12) or fewer immature marijuana plants.

(b) unless an address is the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, the address where a registry identification cardholder or the primary caregiver of a registry identification cardholder produces marijuana may be used to produce not more than:

(A)(i) six (6) or fewer mature marijuana plants per registry identification cardholder, up to twelve (12) mature marijuana plants AND

(ii) twelve (12) or fewer immature marijuana plants per registry identification cardholder, up to 24 immature marijuana plants

(B) except as provided in (C) below, an address that is subject to this paragraph may not be used to produce plants in the genus Cannabis within the plant family Cannabaceae pursuant to 475B.301 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery)

(C) subject to (D) below, an address that is subject to this paragraph may be used to produce plants in the genus Cannabis within the plant family Cannabaceae pursuant to 475B.301 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery) if a person other than a registry identification cardholder who is using the address to produce marijuana plants pursuant to 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949) resides at the address.

(D) an address that is subject to this paragraph may not be used to produce more than twelve (12) total mature marijuana plants

(2)(a) a person may be designated to produce marijuana under 475B.810 (Marijuana grow site registration system) by no more than eight (8) registry identification cardholders

(b) a person responsible for a marijuana grow site may produce for a registry identification cardholder who designates the person to produce marijuana no more than:

(A) six (6) mature marijuana plants

(B) twelve (12) immature marijuana plants that are 24" or more in height AND

(C) the amount, established by the Oregon Health Authority by rule, of immature marijuana plants that are less than 24" in height

(3) if the address of a person responsible for a marijuana grow site registered under 475B.810 (Marijuana grow site registration system) is located within city limits in an area zoned for residential use:

(a) except as provided in paragraph (b) below, no more than the following amounts of marijuana plants may be produced at the address:

(A) 12 mature marijuana plants

(B) 24 immature marijuana plants that are 24" or more in height AND

(C) the amount, established by the authority by rule, of immature marijuana plants that are less than 24 inches in height OR

(b) subject to paragraph (5), if each person responsible for a marijuana grow site located at the address first registered with the authority under 475B.810 (Marijuana grow site registration system) before January 1, 2015, no more than the following amounts of marijuana plants may be produced at the address:

(A) the amount of mature marijuana plants located at that address on December 31, 2014, in excess of 12 mature marijuana plants, not to exceed 24 mature marijuana plants

(B) 48 immature marijuana plants that are 24" or more in height AND

(C) the amount, established by the authority by rule, of immature marijuana plants that are less than 24" in height

(4) if the address of a person responsible for a marijuana grow site registered under 475B.810 (Marijuana grow site registration system) is located in an area other than an area described in paragraph (3) of this section:

(a) except as provided in paragraph (b) of this subsection, no more than the following amounts of marijuana plants may be produced at the address:

(A) 48 mature marijuana plants;

(B) 96 immature marijuana plants that are 24 inches or more in height AND

(C) The amount, established by the authority by rule, of immature marijuana plants that are less than 24 inches in height OR

(b) subject to paragraphs (5) and (6), if each person responsible for a marijuana grow site located at the address first registered with the authority under 475B.810 (Marijuana grow site registration system) before January 1, 2015, no more than the following amounts of marijuana plants may be produced at the address:

(A) The amount of mature marijuana plants located at that address on December 31, 2014, in excess of 48 mature marijuana plants, not to exceed 96 mature marijuana plants

(B) 192 immature marijuana plants that are 24 inches or more in height AND

(C) The amount, established by the authority by rule, of immature marijuana plants that are less than 24 inches in height

(5)(a) if the authority suspends or revokes the registration of a person responsible for a marijuana grow site that is located at an address described in paragraph (3)(b) of this section, no more than the following amounts of marijuana plants may subsequently be produced at any address described in paragraph (3) of this section at which the person responsible for the marijuana grow site produces marijuana:

(A) 12 mature marijuana plants

(B) 24 immature marijuana plants that are 24" or more in height AND

(C) The amount, established by the authority by rule, of immature marijuana plants that are less than 24" in height

(b) if the authority suspends or revokes the registration of a person responsible for a marijuana grow site that is located at an address described in paragraph (4)(b) of this section, no more than the following amounts of marijuana plants may subsequently be produced at any address described in paragraph (4) of this section at which the person responsible for the marijuana grow site produces marijuana:

(A) 48 mature marijuana plants

(B) 96 immature marijuana plants that are 24 inches or more in height; and

(C) the amount, established by the authority by rule, of immature marijuana plants that are less than 24" in height

(6) if a registry identification cardholder who designated a person to produce marijuana for the registry identification cardholder pursuant to 475B.810 (Marijuana grow site registration system) terminates the designation, the person responsible for the marijuana grow site whose designation has been terminated may not be designated to produce marijuana by another registry identification cardholder, except that the person may be designated by another registry identification cardholder if no more than 48 mature marijuana plants and no more than 96 immature marijuana plants that are 24 or more inches in height are produced at the address for the marijuana grow site at which the person produces marijuana

(7) subject to the limits described in paragraphs (2) to (6) of this section, if multiple persons responsible for a marijuana grow site under 475B.810 (Marijuana grow site registration system) are located at the same address, the persons designated to produce marijuana by registry identification cardholders who are located at that address may collectively produce marijuana plants for any number of registry identification cardholders who designate the persons to produce marijuana

(8) if a law enforcement officer determines that there is a number of marijuana plants at an address in excess of the quantities specified in this section, or that an address is being used to produce a number of marijuana plants in excess of the quantities specified in paragraph (1)(b) of this section, the law enforcement officer may confiscate only the excess number of marijuana plants

(1) except as provided in paragraph (2), a registry identification cardholder & the designated primary caregiver of the registry identification cardholder may jointly possess no more than 24 ounces of usable marijuana.

(2) subject to paragraph (3), a person designated to produce marijuana by a registry identification cardholder may possess the amount of usable marijuana that the person harvests from the person's mature marijuana plants, provided that the person may not possess usable marijuana in excess of the amount of usable marijuana in the person's possession as reported to the Oregon Health Authority under 475B.816 (Duty to submit production data to Oregon Health Authority)

(3) a person designated to produce marijuana by a registry identification cardholder may not possess usable marijuana in excess of:

(a) for a marijuana grow site located outdoors, 12 pounds of usable marijuana per mature marijuana plant OR

(b) for a marijuana grow site located indoors, six (6) pounds of usable marijuana per mature marijuana plant.