1. (1) “Cannabis” means the whole plant and seeds of the plant genus Cannabis within the plant family Cannabaceae including marijuana and industrial hemp that is growing on any lands within Oregon.
2. (2) “Cannabis producer” means a person lawfully cultivating cannabis.
3. (3) “Department” means the Oregon Department of Agriculture.
4. (4) “Eradicate” or “eradication” means the destruction of uncontrolled cannabis by lawful means.
5. (5) “Field” means a licensed or registered production area where Cannabis is planted directly into the ground. A field may include one or more contiguous plots of land managed as a single unit. These plots may be separated by an unimproved farm road, ditch, or hedgerow.
6. (6) “Industrial hemp” means all parts of a growing cannabis plant that contains an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.
7. (7) “Marijuana” means all parts of a growing cannabis plant that does not include industrial hemp.
8. (8) “Past occurrence of a violation” means a notice of violation or notice of civil penalties that is final by operation of law, or a stipulated agreement resolving a violation, for the same or a similar type of violation issued within the preceding five years. It includes a notice for the same or a similar type of violation that is the subject of a pending appeal. It does not include a notice that has been withdrawn or successfully appealed.

9. (9) “Permissible production area” means:

   1. (a) An area where cannabis may be cultivated pursuant to a valid license issued by the Oregon Liquor and Cannabis Commission under ORS 475C.065;
   2. (b) An area where cannabis may be cultivated pursuant to a valid license issued by the Oregon Department of Agriculture under ORS 571.281;
   3. (c) An area where cannabis may be cultivated pursuant to a valid registration issued by the Oregon Health Authority under ORS 475C.792; and
   4. (d) An area where cannabis may be cultivated pursuant to ORS 475C.305 and does not exceed four plants at a household.
10. (10) “Person” includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies.
11. (11) “Uncontrolled cannabis” means any volunteer or uncultivated cannabis plants growing at any life stage and growing outside of a permissible production area.
12. (12) “Volunteer cannabis plants” means plants in the genus Cannabis derived from seeds or plant parts that propagate or otherwise remain on a field that was previously planted with cannabis after cannabis cultivation no longer occurs on that field.

Statutory/Other Authority

ORS 561.190 & ORS 570.405

Statutes/Other Implemented

ORS 570.405-570-415 & ORS 570.995

History

DOA 1-2023, adopt filed 01/23/2023, effective 01/23/2023