justicedao/ipfs_state_laws huggingface dataset:
333-008-1820 Medical Marijuana Processors: Registered Processing Site Recordkeeping (1) In addition to other record keeping required in these rules a registered processing site must keep records documenting the following: (a) How much marijuana is in each process lot, as that term is defined in OAR 333-008-0010. (b) For usable marijuana used in a process lot, the harvest lot number associated with that usable marijuana. (c) For cannabinoid concentrates, extracts or products used in a process lot, the process lot number associated with that concentrate, extract or product. (d) If a product is returned by a registered dispensary, how much product is returned and why. (e) If a defective product was reprocessed, how the defective product was reprocessed. (f) Each training provided in accordance with OAR 333-008-1750, the names of employees who participated in the training, and a summary of the information provided in the training. (g) All testing results. (2) A processor must obtain a material safety data sheet for each solvent used or stored on the licensed premises and maintain a current copy of the material safety data sheet and a receipt of purchase for all solvents used or to be used in an extraction process on the licensed premises. (3) If the Authority requires a processor to submit or produce documents to the Authority that the processor believes falls within the definition of a trade secret as defined in ORS 192.501, the processor must mark each document "confidential" or "trade secret". Statutory/Other Authority: ORS 475C.815 & 475C.824 Statutes/Other Implemented: ORS 475C.815 & 475C.824 History: PH 136-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 261-2018, minor correction filed 11/28/2018, effective 11/28/2018 PH 182-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 33-2016, f. & cert. ef. 11-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1835 Medical Marijuana Processors: Processing Site CTS Tracking (1) All registered processing sites must track the transfers of marijuana, usable marijuana, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts to and from the processing site in CTS in accordance with OAR chapter 845, division 25 and pay the required CTS fee in OAR 333-008-1030. (2) A processing site must comply with any applicable CTS rules in OAR chapter 845, division 25 and cooperate with any inspection or investigation conducted by the Commission under ORS 475C.871(6). (3) To comply with this rule a registered processing site must comply with any instructions and deadlines provided by the Authority or the Commission, including but not limited to: (a) Paying the required CTS user fee; (b) Setting up and activating a CTS user account; (c) Successfully completing all required CTS training; and (d) Ordering Unique Identification (UID) Tags and tagging all inventory. (4) A registered processing site may not accept or make any transfers of marijuana items unless the processing site has an active CTS user account, has UID tags, has tagged all inventory and is capable of entering required information into CTS. Statutory/Other Authority: ORS 475C.871 Statutes/Other Implemented: ORS 475C.871 History: PH 137-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 22-2019, amend filed 11/15/2019, effective 01/01/2020 PH 228-2018, minor correction filed 05/23/2018, effective 05/23/2018 PH 184-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 29-2017, adopt filed 12/22/2017, effective 01/01/2018
333-008-2000 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Definitions For purposes of OAR 333-008-2000 to 333-008-2200: (1) "Applicant" means a person applying for a new or renewal registration for a dispensary or processing site. (2) "Registrant" means a registered dispensary or registered processing site. (3) "Registrant representative" means an owner, director, officer, PRD, PRP manager, employee, agent or other representative of a registrant to the extent that the person acts in a representative capacity. (4) "These rules" means OAR 333-008-2000 to 333-008-2200. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 138-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 185-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2010 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Communication with the Oregon Health Authority If an applicant or registrant is required to or elects to submit information or documentation to the Authority by a particular deadline it must be received, regardless of the method used to submit the writing, by 5 p.m. Pacific Time. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 139-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 186-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2020 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Criminal Background Checks (1) An individual named in a new or renewal application as required by OAR 333-008-1020 or 333-008-1620, or if otherwise required by these rules, must provide to the Authority: (a) A criminal background check request form, prescribed by the Authority that includes but is not limited to: (A) First, middle and last name; (B) Any aliases; (C) Date of birth; and (D) Address and recent residency information. (b) Fingerprints in accordance with the instructions on the Authority’s webpage: www.healthoregon.org/ommp. (c) A copy of the individual’s driver license. (2) The Authority may request that an individual disclose his or her Social Security Number if notice is provided that: (a) Indicates the disclosure of the Social Security Number is voluntary; and (b) That the Authority requests the Social Security Number solely for the purpose of positively identifying the individual during the criminal records check process. (3) The Authority shall conduct a criminal records check in order to determine whether the individual has been convicted of the manufacture or delivery of a controlled substance in Schedule I or Schedule II in any state. (4) If an individual wishes to challenge the accuracy or completeness of information provided by the Department of State Police, the Federal Bureau of Investigation and agencies reporting information to the Department of State Police or Federal Bureau of Investigation, those challenges must be made through the Department of State Police, Federal Bureau of Investigation or reporting agency and not through a contested case process. (5) Any criminal background information received by the Authority during the criminal background check process is confidential and is not subject to disclosure without a court order. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 140-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 187-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2040 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Changing, Altering, or Modifying Licensed Premises (1) A registrant may not make any physical changes to the premises that materially or substantially alters the premises or the usage of the premises from the plans originally reviewed by the Authority, without the Authority’s prior written approval. (2) A registrant intending to make any material or substantial changes to the premises must submit a form prescribed by the Authority, and submit any information identified in the form to be submitted, to the Authority, prior to making any such changes. (3) The Authority must review the form and other information submitted under section (2) of this rule, and will approve the changes if the changes would not result in an initial or renewal application denial under OAR 333-008-1060 or OAR 333-008-1670. (4) If the Authority denies the change but the registrant proceeds with the change the registrant must surrender the registration or the Authority will propose to suspend or revoke the registration. (5) For purposes of this rule a material or substantial change requiring approval includes, but is not limited to: (a) Any increase or decrease in the total physical size or capacity of the premises; (b) The sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of public ingress or egress, when such common entryway, doorway or passage alters or changes limited access areas, such as the areas in which the transfer of marijuana items occurs within the premises; or (c) Any physical change that would require the installation of additional video surveillance cameras or a change in the security system. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 142-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 189-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2050 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Change in Location (1) A registrant that wishes to change its location must submit a new application that complies with OAR 333-008-1020 or 333-008-1620. (2) A registrant may not operate at a new location unless it is registered by the Authority. (3) If a registrant is applying for a registration at a new location because the registrant wishes to change the location of the currently registered dispensary, and the new location is within 1,000 feet of the currently registered dispensary, the Authority will not deny the application based on the new location being within 1,000 feet of a registered dispensary. The Authority shall condition approval of the registration at the new location on the surrender of the registration at the current location. (4) A dispensary or processing site that is approved to operate at a new location must comply with any instructions provided by the Authority for transferring marijuana items from the previous location to the new location. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 143-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 190-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2060 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Secretary of State Registration Required A registrant must maintain a current registration as a business with the Office of the Secretary of State in order to receive or maintain registration. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 144-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 191-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2070 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Advertising Restrictions (1) A registrant may not have advertising that: (a) Contains statements that are deceptive, false, or misleading; (b) Contains any content that can reasonably be considered to target minors including but not limited to cartoon characters, toys, or similar images and items typically marketed towards minors; (c) Specifically encourages the transportation of marijuana items across state lines; (d) Asserts that marijuana items are safe or safer for reasons including but not limited to because they are regulated by the Authority or have been tested by a certified laboratory; (e) Make claims that a marijuana item has curative or therapeutic effects unless the claim is supported by the totality of publicly available scientific evidence (including evidence from well-designed studies conducted in a manner consistent with generally recognized scientific procedures and principles) and for which there is significant scientific agreement among experts qualified by scientific training and experience to evaluate such claims; or (f) Display consumption of marijuana items. (2) A registrant may not make any deceptive, false, or misleading assertions or statements on any product, any sign, or any document provided to a patient, caregiver, or to an individual as that term is defined in OAR 333-008-1500. (3) A registrant must include the following statement on all advertising: (a) "Do not operate a vehicle or machinery under the influence of marijuana". (b) "Keep marijuana out of the reach of children". (4) A registrant must remove any sign, display, or advertisement if the Authority finds it violates this rule. (5) The Authority will notify the registrant and specify a reasonable time period for the registrant to remove any sign, display or advertisement that the Authority finds objectionable. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 145-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 192-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2080 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Security Requirements In order to be registered and remain registered a registrant must: (1) Have an installed and fully operational security alarm system, installed by an alarm installation company, activated at all times when the premises is closed for business on all: (a) Entry or exit points to and from the premises; and (b) Perimeter windows, if applicable. (2) Have a security alarm system that: (a) Detects movement inside the premises; (b) Is programmed to notify a security company that will notify a registrant representative or his or her designee in the event of a breach; and (c) Has at least two operational "panic buttons" located inside the premises that are linked with the alarm system that notifies a security company. (3) Have commercial grade, non-residential door locks installed on every external door of a registered premises where marijuana items are present. (4) During all hours when the registrant is not operating: (a) Securely lock all entrances to and exits from the registered premises and ensure any keys or key codes to the enclosed area remain in the possession of the registrant or registrant representative; (b) Have a safe or vault as those terms are defined in OAR 333-008-0010 for the purpose of securing all marijuana items as required by these rules, except that a registered processing site may keep all usable marijuana, cut and drying mature marijuana plants, cannabinoid concentrates, extracts or products on the premises in a secure area. (5) Have a password protected network infrastructure. (6) Have an electronic back-up system for all electronic records. (7) Keep all video recordings and archived required records not stored electronically in a locked storage area. Current records may be kept in a locked cupboard or desk outside the locked storage area during hours when the registered business is open. (8) Notwithstanding OAR 333-008-2090 to 333-008-2120 a registered processing site and registered dispensary under common ownership that share a premises are not required to install redundant security systems if the premises are directly accessible to each other by an adjoining door. If a shared security system is utilized: (a) Any point of common ingress and egress between the premises shall be treated as an external door, for purposes of this rule, and must have security coverage in accordance with sections (1) and (3) of this rule; and (b) The registrants must maintain the system and provide access to the Authority in accordance with these rules. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 146-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 193-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 33-2016, f. & cert. ef. 11-28-16 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2090 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Video Surveillance Equipment In order to be registered and remain registered a registrant must: (1) Have an installed and fully operational video surveillance recording system with video surveillance equipment that at a minimum: (a) Consists of: (A) Digital or network video recorders; (B) Cameras capable of meeting the requirements of OAR 333-008-2110 and this rule; (C) Video monitors; (D) Digital archiving devices; (E) A minimum of one monitor on premises capable of viewing video; and (F) A color printer capable of producing still photos. (b) Is equipped with a failure notification system that immediately notifies a registrant representative of any surveillance interruption or failure that is longer than five minutes; and (c) Has sufficient battery backup to support a minimum of one hour of recording time in the event of a power outage. (2) Have a video surveillance system capable of recording all pre-determined surveillance areas in any lighting conditions. (3) Have, in limited access and point of sale areas, cameras that have minimum resolution of 1280 x 720 pixels (px) and record at 10 fps (frames per second). (4) Have, in exterior perimeter and non-limited access areas (except for restrooms) cameras that have a minimum resolution of 1280 x 720 px and record at least 5 fps, except where coverage overlaps any limited access areas such as entrances or exits and in those overlap areas cameras must record at 10 fps. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 147-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 194-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2100 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Required Camera Coverage and Camera Placement In order to be registered and remain registered a registrant must: (1) Have security camera coverage for: (a) All secure and limited access areas; (b) All areas where marijuana items will be and are transferred to or from a registered premises; (c) All areas where the general public is permitted (except for restrooms); (d) All points of entry to and exit from limited access areas and areas where marijuana items will be and are transferred to or from a registered premises; and (e) All points of entry to and exit from the premises. (2) Have cameras that are positioned so that they capture clear and certain images of any individual and activity occurring: (a) Within 15 feet both inside and outside of all points of entry to and exit from the premises; (b) Anywhere within a secure or limited access area on the premises; and (c) Anywhere within an area where marijuana items will be and are transferred to or from a registered premises. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 148-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 195-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2110 General Requirements for Medical Marijuana Processing Sites and Dispensaries: Video Recording Requirements (1) In order to be registered and remain registered a registrant must: (a) Have cameras that are installed, operational, and continuously record 24 hours a day in all areas where marijuana items will be or are on the premises, including areas where the general public is permitted (except restrooms). (b) Use cameras that record at a minimum resolution of 1280 x 720 px; (c) Have an installed and operational surveillance system that: (A) Can produce a color still photograph from any camera image; and (B) Embeds the date and time on all surveillance recordings without significantly obscuring the picture; (2) A registrant must: (a) Keep all surveillance recordings a minimum of 45 calendar days and in a format that can be easily accessed for viewing; (b) Archive video recordings in a format that ensures authentication of the recording as a legitimately-captured video and guarantees that no alterations of the recorded image has taken place; (c) Provide video surveillance records and recordings immediately upon request to the Authority for the purpose of ensuring compliance with ORS 475C.833 and these rules; (d) Keep surveillance recordings for periods exceeding 45 calendar days upon request of the Authority; and (e) Immediately notify the Authority of any equipment failure or system outage lasting 30 minutes or more. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 149-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 196-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2120 General Requirements for Medical Marijuana Processing Sites and Dispensaries Location and Maintenance of Surveillance Equipment (1) A registrant must: (a) Have the surveillance recording equipment housed in a designated secure area or other locked enclosure with access limited to: (A) The registrant and authorized personnel of the registrant; (B) Employees of the Authority; (C) State or local law enforcement agencies for any other state or local law enforcement purpose; and (D) Service personnel or contractors. (b) Keep a current list of all authorized personnel and service personnel who have access to the surveillance system and room on the registered premises. (c) Keep a surveillance equipment maintenance activity log on the registered premises to record all service activity including the identity of any individual performing the service, the service date and time and the reason for service to the surveillance system. (2) A registrant may store video recordings offsite as long as a PRD or PRP can demonstrate that the recordings are secure and protected, that the recordings are kept for a minimum of 45 calendar days as required in OAR 333-008-2110 and that the Authority can access the video recordings upon request. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 150-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 197-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 33-2016, f. & cert. ef. 11-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-2140 General Requirements for Medical Marijuana Processing Sites and Dispensaries: State and Local Safety Inspections (1) A registered premises may be subject to inspection by state or local government officials to determine compliance with state or local health and safety laws. (2) A person responsible for a registered marijuana processing site must contact any utility provider to ensure that the registrant complies with any local ordinance or utility requirements such as water use, discharge into the sewer system, or electrical use. (3) The Authority may require a registered processing site or dispensary to obtain a certificate of occupancy issued by a local building official or the Department of Consumer and Business Services Building Codes Division, if the Authority has concerns about the public health and safety of the registered premises. Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.815 & 475C.833 History: PH 151-2022, minor correction filed 06/10/2022, effective 06/10/2022 PH 198-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16