Oregon § 475C.894 Authority to investigate; rights related to seized property

Oregon Statutes

§ 475C.894 — Authority to investigate; rights related to seized property

Oregon § 475C.894

Vol.14

Title 37Alcoholic Liquors; Controlled Substances; Drugs

Ch. 475CCannabis Regulation

This text of Oregon § 475C.894 (Authority to investigate; rights related to seized property) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 475C.894 (2026).

Text

(1)Registration under ORS 475C.770 to 475C.919 or possession of proof of registration under ORS 475C.770 to 475C.919 does not constitute probable cause to search the person or property of the registrant or otherwise subject the person or property of the registrant to inspection by a government agency. However, the Oregon Health Authority may inspect the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site registered under ORS 475C.815, or a medical marijuana dispensary registered under ORS 475C.833, at any reasonable time to determine whether the person responsible for the marijuana grow site, the person responsible for the marijuana processing site, or the person responsible for the medical marijuana dispensa

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(1) Registration under ORS 475C.770 to 475C.919 or possession of proof of registration under ORS 475C.770 to 475C.919 does not constitute probable cause to search the person or property of the registrant or otherwise subject the person or property of the registrant to inspection by a government agency. However, the Oregon Health Authority may inspect the marijuana grow site of a person designated to produce marijuana by a registry identification cardholder, a marijuana processing site registered under ORS 475C.815, or a medical marijuana dispensary registered under ORS 475C.833, at any reasonable time to determine whether the person responsible for the marijuana grow site, the person responsible for the marijuana processing site, or the person responsible for the medical marijuana dispensary, is in compliance with ORS 475C.770 to 475C.919 and rules adopted under ORS 475C.770 to 475C.919.
(2) Any property interest possessed, owned or used in connection with the medical use of marijuana or acts incidental to the medical use of marijuana that has been seized by state or local law enforcement officers may not be harmed, neglected, injured or destroyed while in the possession of a law enforcement agency, except that a law enforcement agency has no responsibility to maintain live marijuana plants lawfully seized. Such property interest may not be forfeited under any provision of law providing for the forfeiture of property, except pursuant to a sentence imposed after conviction of a criminal offense. Marijuana and equipment or paraphernalia used to produce, process or administer marijuana that was seized by a law enforcement officer shall be returned immediately if the district attorney in whose county the property was seized, or the district attorney’s designee, determines that the person from whom the marijuana, equipment or paraphernalia was seized is entitled to the protections provided by ORS 475C.770 to 475C.919. The determination may be evidenced by a decision not to prosecute, the dismissal of charges or acquittal.