(1) The retail sale of marijuana items is subject to regulation by the Oregon Liquor and Cannabis Commission.

(2) A marijuana retailer must have a retail license issued by the commission for the premises at which marijuana items are sold. To hold a retail license under this section, a marijuana retailer:

(a) Must apply for a license in the manner described in ORS § 475C.033;

(b) Must provide proof that the applicant is 21 years of age or older;

(c) May not be located in an area that is zoned exclusively for residential use;

(d) Except as provided in ORS § 475C.101, may not be located within 1,000 feet of:

(A) A building where a public prekindergarten or kindergarten program is provided by a school district or an education service district;

(B) A public elementary or secondary school for which attendance is compulsory under ORS § 339.020; or

(C) A private or parochial elementary or secondary school, teaching children as described in ORS § 339.030 (1)(a); and

(e) Must meet the requirements of any rule adopted by the commission under subsection (3) of this section.

(3) The commission shall adopt rules that:

(a) Require a marijuana retailer to annually renew a license issued under this section;

(b) Establish application, licensure and renewal of licensure fees for marijuana retailers;

(c) Require marijuana items sold by a marijuana retailer to be tested in accordance with ORS § 475C.544;

(d) Notwithstanding ORS § 475C.205, allow a marijuana retailer to deliver marijuana items to another marijuana retailer that has on the marijuana retailer’s license application a person that has an interest in or authority over the management of the other marijuana retailer;

(e) Subject to the limitations and privileges described in ORS § 475C.149 (3), allow a marijuana retailer registered under ORS § 475C.149 to sell medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts at retail in the same manner that rules adopted under ORS § 475C.005 to 475C.525 allow a marijuana retailer to sell general use cannabinoid products, cannabinoid concentrates and cannabinoid extracts at retail, excepting those circumstances where differentiating between the sale of medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts and the sale of general use cannabinoid products, cannabinoid concentrates and cannabinoid extracts is necessary to protect the public health and safety; and

(f) Require a marijuana retailer to meet any public health and safety standards and industry best practices established by the commission by rule.

(4) Fees adopted under subsection (3)(b) of this section:

(a) May not exceed, together with other fees collected under ORS § 475C.005 to 475C.525, the cost of administering ORS § 475C.005 to 475C.525; and

(b) Shall be deposited in the Marijuana Control and Regulation Fund established under ORS § 475C.297. [Formerly 475B.105; 2022 c.81 § 22]