Note: Sections 40, 41, 41a and 45, chapter 542, Oregon Laws 2021, provide:
Sec. 40. (1) The Oregon Liquor and Cannabis Commission shall, with the assistance of the State Department of Agriculture, create and continually update a map of the locations of industrial hemp operations registered or licensed under ORS 571.281 and premises for which a license has been issued under ORS 475B.070 [renumbered 475C.065].
(2) The commission shall make the map described in subsection (1) of this section available to law enforcement agencies in this state and public employees and officials who are responsible for the enforcement of state and local laws regulating industrial hemp or marijuana. [2021 c.542 §40]
Sec. 41. (1) A person commits the crime of unlawful production of marijuana if the person produces marijuana or industrial hemp:
(a) At a location that is not confirmed by the Oregon Health Authority, the Oregon Liquor and Cannabis Commission or the State Department of Agriculture to be the location of an industrial hemp operation registered or licensed under ORS 571.281, a premises for which a license was issued under ORS 475B.090 [renumbered 475C.085] or a marijuana grow site registered under ORS 475B.810 [renumbered 475C.792]; and
(b) In an amount that is not allowed by state law.
(2) Unlawful production of marijuana is a Class A misdemeanor.
(3) Marijuana or industrial hemp that is unlawfully produced, as described in subsection (1) of this section, is considered contraband and may be destroyed by a law enforcement agency. [2021 c.542 §41]
Sec. 41a. (1) The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, shall develop by rule a methodology to distinguish whether a cannabis plant is marijuana or industrial hemp for purposes of sections 40 to 44 of this 2021 Act. The methodology must include testing criteria and cannabinoid concentrations above which immature or mature cannabis plants are presumptively considered to be marijuana.
(2) The department may order a person registered or licensed under ORS 571.281 to destroy any cannabis plants located at an industrial hemp operation for which the person described in this subsection is responsible if the cannabis plants are presumptively considered to be marijuana under the methodology adopted pursuant to subsection (1) of this section. [2021 c.542 §41a]
Sec. 45. Sections 40 to 44 of this 2021 Act are repealed on January 1, 2024. [2021 c.542 §45]