(1) Subject to subsection (3) of this section, the Oregon Liquor and Cannabis Commission shall adopt rules restricting the size of marijuana plant grow canopies at premises for which a license has been issued under ORS § 475C.065. In adopting rules under this subsection, the commission shall:

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(a) Limit the size of marijuana plant grow canopies, for premises where marijuana is grown outdoors and for premises where marijuana is grown indoors, in a manner calculated to result in premises that produce the same amount of harvested marijuana leaves and harvested marijuana flowers regardless of whether the marijuana is grown outdoors or indoors.

(b) Adopt a tiered system under which the permitted size of a marijuana producer’s marijuana plant grow canopy increases at the time of licensure renewal under ORS § 475C.065, except that the permitted size of a marijuana producer’s marijuana plant grow canopy may not increase following any year during which the commission disciplined the marijuana producer for violating a provision of ORS § 475C.005 to 475C.525 or a rule adopted under ORS § 475C.005 to 475C.525.

(c) Take into consideration the market demand for marijuana items in this state, the number of marijuana producers applying for a license under ORS § 475C.065, the number of marijuana producers that hold a license issued under ORS § 475C.065 and whether the availability of marijuana items in this state is commensurate with the market demand.

(2) For purposes of this section, the commission may adopt different rules for mature marijuana plant grow canopies and immature marijuana plant grow canopies.

(3) This section applies only to that portion of a premises for which a license has been issued under ORS § 475C.065 that is used to produce marijuana plants. [Formerly 475B.085]