ORS 475C.221: Identification for purchasing; restrictions on use of information.

(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.

      (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.