(1) As used in this section, ‘information that may be used to identify a consumer’ means information that may be acquired through the production of a piece of identification as described in ORS § 475C.217, whether the information is contained in a piece of identification described in ORS § 475C.217 or in a different document or record.

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(2) A consumer may not be required to procure for the purpose of acquiring or purchasing a marijuana item a piece of identification other than:

(a) A piece of identification described in ORS § 475C.217; and

(b) If the consumer is a registry identification cardholder, as defined in ORS § 475C.777, a registry identification card, as defined in ORS § 475C.777.

(3) A marijuana retailer may not record and retain any information that may be used to identify a consumer, except as necessary to make deliveries to consumers pursuant to ORS § 475C.117, as required by any rules adopted under ORS § 475C.117.

(4) A marijuana retailer may not transfer any information that may be used to identify a consumer to any other person.

(5)(a) Notwithstanding subsection (3) of this section, a marijuana retailer may record and retain the name and contact information of a consumer for the purpose of notifying the consumer of services that the marijuana retailer provides or of discounts, coupons and other marketing information if:

(A) The marijuana retailer asks the consumer whether the marijuana retailer may record and retain the information; and

(B) The consumer consents to the recording and retention of the information.

(b) This subsection does not authorize a marijuana retailer to transfer information that may be used to identify a consumer.

(6) This section does not apply to deidentified information the documentation and transfer of which is required by the Department of Revenue for purposes of ORS § 475C.678. [Formerly 475B.220]