333-008-1200 Medical Marijuana Dispensaries: Operation of Registered Dispensaries (1) Policies and Procedures. In order to obtain a registration and to retain registration a dispensary registrant must have written detailed policies and procedures and training for employees on the policies and procedures that, at a minimum, cover the following: (a) Security; (b) Transfers of marijuana items to and from the dispensary; (c) Operation of a registered dispensary; (d) Required record keeping; (e) Testing requirements, including review of testing results prior to accepting transfers of marijuana items; (f) Packaging and labeling requirements; (g) Employee training; (h) Compliance with these rules, including but not limited to violations and enforcement; and (i) Roles and responsibilities for employees and PRDs in assisting the Authority during inspections or investigations. (2) Employees. A registered dispensary may employ an individual between the ages of 18 and 20 if the individual is a patient. Otherwise, dispensary employees must be 21 years of age or older. (3) Standardized Scales. In order to obtain a registration and to retain registration a dispensary registrant must own, maintain on the premises and use a weighing device that is licensed by the Oregon Department of Agriculture. Licensed weighing devices must be used by a registered dispensary whenever marijuana items are: (a) Transferred to or from the dispensary and the transfer is by weight; (b) Packaged for transfer by weight; or (c) Weighed for purposes of documenting information required in: (A) OAR 333-008-1230, 333-008-1245, and 333-008-1247. (B) CTS. (4) Inventory Tracking and Point of Sale System: In order to obtain a registration and to retain registration a registered dispensary must have an installed and fully operational integrated inventory tracking and point of sale system that can and does, at a minimum: (a) Produce bar codes or similar unique identification numbers for each marijuana item lot transferred to a registered dispensary; (b) Trace back or link each transfer of a marijuana item to a patient or caregiver to the marijuana item lot; (c) Capture all information electronically that is required to be documented in OAR 333-008-1230 and 333-008-1245; and (d) Generate inventory, transaction, and transfer reports viewable in Excel and PDF format. (5) Online Verification of Registration Status. A dispensary must verify an individual’s registration status with the Authority when receiving or making the transfer of a marijuana item if the Authority has available an online system for such verification. (6) Inventory On-Site. Marijuana items must be kept on-site at the dispensary. The Authority may take enforcement action against a dispensary registrant if during an inspection a dispensary registrant cannot account for its inventory or if the amount of usable marijuana at the registered dispensary is not within five percent of the documented inventory. (7) Testing. A dispensary registrant may not accept a transfer of a marijuana item that has not been tested in accordance with OAR 333-007-0300 to 333-007-0500 or that has failed a test under OAR 333-007-0450. (8) Packaging and Labeling. A dispensary may not accept a transfer of a marijuana item or transfer a marijuana item that does not comply with the Commission’s labeling and packaging requirements in OAR chapter 845, division 25. A dispensary that packages or labels marijuana items must comply with the Commission’s pre-approval process in OAR chapter 845, division 25 and keep all records related to the label pre-approval process for two years from the date of approval and provide those records at the request of the Authority. (9) Oregon Department of Agriculture Licensure. A registered dispensary that sells or handles food, as that term is defined in ORS 616.695, or a cannabinoid concentrate, extract or product intended for human consumption as that term is defined in OAR 333-008-0010, must be licensed by the Oregon Department of Agriculture under ORS 616.706. (10) Industrial Hemp Products. (a) A dispensary may only accept the transfer of and may only transfer a product that contains adult use cannabinoids or CBD that is derived from marijuana. (b) Nothing in this section prohibits a dispensary from buying or selling hemp products not intended for human application, consumption, inhalation, ingestion, or absorption, such as hemp clothing. (11) Tobacco and Nicotine. A dispensary may not offer or sell tobacco or nicotine products in any form including, but not limited to, loose tobacco, pipe tobacco, cigarettes as defined in ORS 323.010, cigarillos as that is defined in OAR 333-015-0030, liquid nicotine containers as that is defined in OAR 333-015-0305 or pre-filled nicotine inhalant delivery devices. (12) For purposes of this rule "marijuana item lot" means a quantity of seeds, immature plants, usable marijuana, medical cannabinoid products, concentrates or extracts transferred to a registered dispensary at one time and that is from the same harvest lot or process lot as those terms are defined in OAR 333-008-0010. (13) Concentration limits. A dispensary may not receive, possess, sell, offer, or transfer a marijuana item to a patient or caregiver that does not meet the Commission’s cannabis concentration limit rules adopted under OAR chapter 845, division 26. (14) A dispensary may not receive, possess, sell, offer, or transfer an inhalable cannabinoid product that does not meet the requirements of OAR 333-008-1785. Statutory/Other Authority: ORS 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 107-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 79-2021, amend filed 11/15/2021, effective 01/01/2022 PH 22-2019, amend filed 11/15/2019, effective 01/01/2020 PH 259-2018, minor correction filed 11/28/2018, effective 11/28/2018 PH 248-2018, amend filed 08/17/2018, effective 08/17/2018 PH 153-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 41-2016(Temp), f. 12-23-16, cert. ef. 12-31-16 thru 6-28-17 PH 33-2016, f. & cert. ef. 11-28-16 PH 27-2016(Temp), f. & cert. ef. 9-30-16 thru 3-1-17 PH 26-2016(Temp), f. & cert. ef. 9-9-16 thru 3-7-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16 PH 4-2015, f. & cert. ef. 1-28-15 PH 20-2014, f. & cert. ef. 7-11-14 PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14