Authority to discipline for unregulated commerce; licensing requirements.

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(2)(a) A person may not produce, process, transport, deliver or sell a marijuana item unless the person holds a valid license issued under ORS 475C.005 to 475C.525 or a registration issued under ORS 475C.770 to 475C.919 or is exempted under ORS 475C.305.

(b) A licensee is engaged in the unregulated commerce of marijuana items if the licensee allows a person who does not hold a license issued under ORS 475C.005 to 475C.525 or 475C.548 to engage in an activity that requires a license issued under ORS 475C.005 to 475C.525 or 475C.548.

(3) In addition to any other disciplinary action available to the Oregon Liquor and Cannabis Commission under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586, the commission may immediately:

(a) Restrict, suspend or refuse to renew a license issued under ORS 475C.005 to 475C.525 or 475C.548 if circumstances create probable cause for the commission to conclude that a licensee has:

(A) Purchased or received a marijuana item from an unlicensed source; or

(B) Sold, stored or transferred a marijuana item in a manner that is not permitted by the licensee’s license;

(b) Restrict, suspend or refuse to renew a license issued under ORS 475C.005 to 475C.525 or 475C.548 if circumstances create probable cause for the commission to believe that a person who does not hold a license issued under ORS 475C.005 to 475C.525 or 475C.548 for the licensed premises engaged, or is engaging, in an activity that requires a license under ORS 475C.005 to 475C.525 or 475C.548; or

(c) Seize marijuana items from a licensee if circumstances create probable cause for the commission to conclude that the licensee has:

(A) Engaged, or is engaging, in the unlawful diversion of marijuana items; or

(B) Allowed, or is allowing, a person who does not hold a license issued under ORS 475C.005 to 475C.525 or 475C.548 to engage in an activity that requires a license issued under ORS 475C.005 to 475C.525 or 475C.548 at the premises for which a license is issued. [Formerly 475B.186]


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