justicedao/ipfs_state_laws huggingface dataset:
845-025-3210 Marijuana Processors — Endorsements (1) A processor may only process and sell cannabinoid edibles, topicals, concentrates, or extracts if the processor has received an endorsement from the Commission for that type of processing activity. Endorsements types are: (a) Cannabinoid edible processor; (b) Cannabinoid topical processor; (c) Cannabinoid concentrate processor; and (d) Cannabinoid extract processor. (2) Industrial Hemp processor. A processor may only process industrial hemp items if the processor licensee has received an industrial hemp processor endorsement. (3) A processor may only process a hemp item or marijuana item containing an artificially derived cannabinoid that is allowed under OAR 845-025-1310. (4) An applicant must request an endorsement upon submission of an initial application but may also request to add or remove an endorsement at any time following licensure. (5) To apply for an endorsement, an applicant or processor licensee must submit: (a) A form prescribed by the Commission that identifies the proposed endorsements; (b) A land use compatibility statement showing that any proposed processing endorsements are not prohibited uses; and (c) If applicable, proof of compliance with OAR 845-025-3260(2)(b). (6) Only one application and license fee is required regardless of how many endorsements an applicant or licensee requests or at what time the request is made. (7) An individual processor licensee may hold multiple endorsements. (8) For the purposes of endorsements, any cannabinoid product that is intended to be consumed or ingested orally or applied in the mouth is considered a cannabinoid edible. (9) If a processor is no longer going to process the product for which the processor is endorsed, the processor must notify the Commission in writing and provide the date on which the processing of that product will cease. (10) The Commission may deny a processor’s request for an endorsement or revoke an existing endorsement if the processor cannot or does not meet the requirements in OAR 845-025-3200 to 845-025-3290 for the endorsement that is requested. If the Commission denies or revokes approval the processor has a right to a hearing under the procedures of ORS chapter 183. (11) Violations. Processing without the proper endorsement is a Category I violation. Statutory/Other Authority: ORS 475C.017, 475C.085, 571.336 & 571.337 Statutes/Other Implemented: ORS 475C.161, 571.336 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 104-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 2-2021, amend filed 04/09/2021, effective 04/13/2021 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 OLCC 3-2019, amend filed 02/25/2019, effective 03/01/2019 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-3230 Processor Policies and Procedures A processor must create and maintain written, detailed standard policies and procedures that include but are not limited to: (1) Instructions for making each cannabinoid concentrate, extract, or product. (2) The ingredients and the amount of each ingredient for each process lot; (3) The process for making each product; (4) The number of servings in a process lot; (5) The intended amount of THC per serving and in a unit of sale of the product; (6) The process for making each process lot homogenous; (7) If processing a cannabinoid concentrate or extract: (a) Conducting necessary safety checks prior to commencing processing; (b) Purging any solvent or other unwanted components from a cannabinoid concentrate or extract; (8) Procedures for cleaning all equipment, counters, and surfaces thoroughly; (9) Procedures for preventing growth of pathogenic organisms and toxin formation; (10) Proper handling and storage of any solvent, gas, or other chemical used in processing or on the licensed premises in accordance with material safety data sheets and any other applicable laws; (11) Proper disposal of any waste produced during processing in accordance with all applicable local, state and federal laws, rules, and regulations; (12) Quality control procedures designed to maximize safety and minimize potential product contamination; (13) Appropriate use of any necessary safety or sanitary equipment; and (14) Emergency procedures to be followed in case of a fire, chemical spill, or other emergency. (15) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017 & ORS 475C.085 Statutes/Other Implemented: ORS 475C.085 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 107-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-3240 Processor Training Requirements (1) A processor must have a comprehensive training program that includes, at a minimum, the following topics: (a) The standard operating policies and procedures; (b) The hazards presented by all solvents or other chemicals used in processing and on the licensed premises as described in the material safety data sheet for each solvent or chemical; and (c) Applicable Commission statutes and rules. (2) At the time of hire and prior to engaging in any processing, and once yearly thereafter, each employee involved in the processing of a cannabinoid concentrate, extract, or product must be trained in accordance with the processor’s training program. (3) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017 & ORS 475C.085 Statutes/Other Implemented: ORS 475C.085 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 108-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-3250 Cannabinoid Edible Processor Requirements (1) A cannabinoid edible processor may only process in a food establishment licensed by the Oregon Department of Agriculture (ODA) and must comply with the applicable provisions of OAR chapter 603, divisions 21, 24, 25, and 28. (2) A cannabinoid edible processor may not: (a) Engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant, single-event temporary restaurant, commissary, mobile unit, bed or breakfast, or warehouse licensed under ORS 624; (b) Share a food establishment with a person not licensed and endorsed by the Commission as a cannabinoid edible processor; (c) Process food intended for commercial sale that does not contain cannabinoids, at the licensed premises; or (d) Use a cannabinoid concentrate or extract to process food unless that concentrate or extract was processed by a licensee in a food establishment licensed by the ODA in compliance with the applicable provisions of OAR chapter 603, divisions 21, 24, 25, and 28. (3) A food establishment used by a cannabinoid edible processor is considered a licensed premises and must meet the security and other licensed premises requirements in these rules. (4) Violations. A violation of section (1) of this rule is a Category I violation. All other violations of rule are Category III violations. Statutory/Other Authority: ORS 475C.017 & ORS 475C.085 Statutes/Other Implemented: ORS 475C.085 & ORS 475C.161 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 109-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 OLCC 6-2017, f. & cert. ef. 6-30-17 OLCC 24-2016(Temp), f. 12-30-16, cert. ef. 1-1-17 thru 6-29-17 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-3255 Alternating Proprietors (1) A cannabinoid edible or topical processor that applied for a license prior to January 1, 2019, may share a food establishment, as defined in ORS 616.695, with another cannabinoid edible or topical processor, or a cannabinoid concentrate processor who was licensed and authorized to share a food establishment under this rule prior to January 1, 2019, if: (a) The schedule, with specific hours and days that each processor will use the food establishment, is prominently posted at the entrance to the food establishment and has been approved by the Commission: (A) The schedule must be submitted to the Commission in writing and will be approved if it demonstrates that use of a shared food establishment by multiple processor licensees does not create an increased compliance risk. (B) A processor licensee may only change the schedule with prior written approval from the Commission. (b) In addition to the applicable requirements of OAR 845-025-1410, each licensee must designate a separate area to secure any marijuana, cannabinoid products, concentrates or extracts that a licensee stores at the food establishment. The designated area must only be accessible to the licensee. If a cannabinoid processor does not store marijuana, cannabinoid products, concentrates or extracts at the food establishment those items must be stored on a licensed premises. (2) A food establishment used by a processor licensee is considered a licensed premises and must meet the security and other licensed premises requirements in these rules. (3) In order to qualify to share a food establishment under this rule: (a) Concentrates manufactured under this rule must be used in the production of the processor’s cannabinoid edibles or topicals; and (b) Concentrates manufactured under this rule may not be transferred to another licensee. (4) A processor is strictly liable for any violation found at a shared food establishment during that processor’s scheduled time or within that processor’s designated area in the food establishment. (5) On and after January 1, 2019, a licensee who was approved to share a food establishment under this rule may not continue to share a food establishment if there are any changes of ownership. (6) Violation of this rule is a Category II violation. Statutory/Other Authority: ORS 475C.017 & ORS 475C.085 Statutes/Other Implemented: ORS 475C.085 & ORS 475C.161 History: OLCC 110-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 OLCC 6-2017, f. & cert. ef. 6-30-17 OLCC 24-2016(Temp), f. 12-30-16, cert. ef. 1-1-17 thru 6-29-17
845-025-3265 Inhalable Cannabinoid Product Processor Requirements (1) A processor may only use a non-cannabis additive in an inhalable cannabinoid product if the non-cannabis additive is accompanied by a list of ingredients from the manufacturer of the non-cannabis additive that: (a) In a header section, displays the name of the non-cannabis additive and the business name of the manufacturer of the non-cannabis additive; (b) In clear and legible font, includes a statement that the non-cannabis additive is for use in a product intended for human inhalation; (c) Accurately identifies all ingredients in the non-cannabis additive; and (d) For each ingredient of the non-cannabis additive, includes: (A) A Chemical Abstracts Service Reference Number that specifies the ingredient’s isomer and, if applicable, enantiomer; and (B) The ingredient’s concentration range within 20 percentage points. (2) A processor may not use a non-cannabis additive in an inhalable cannabinoid product that contains any amount of: (a) Squalene; (b) Squalane; (c) Vitamin E Acetate; (d) Triglycerides, including but not limited to Medium-Chain Triglyceride (MCT) Oil; or (e) Propylene Glycol, unless the product is going to be delivered through a metered dose inhaler whose functionality does not require combustion or heated vaporization. (3) On or after April 1, 2021, a processor may not manufacture or process an inhalable cannabinoid product that does not meet the requirements of this rule. (4) On or after July 1, 2021, a processor may not possess, sell, deliver, transfer, transport, purchase, or receive an inhalable cannabinoid product that does not meet the requirements of this rule. (5) Sanction. (a) An intentional violation of this rule is a Category II violation. (b) An unintentional violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.233 & 475C.237 Statutes/Other Implemented: ORS 475C.017 History: OLCC 112-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 24-2020, adopt filed 12/21/2020, effective 12/22/2020
845-025-3270 CTS Requirements for Inhalable Cannabinoid Products with Non-Cannabis Additives (1) A licensee, research certificate holder, or hemp certificate holder in possession of an inhalable cannabinoid product with non-cannabis additives must record the item in CTS with the item category of: (a) “Inhalable Cannabinoid Product with Non-Cannabis Additives” for an inhalable cannabinoid product that is a marijuana item; or (b) “Inhalable Hemp Cannabinoid Product with Non-Cannabis Additives” for an inhalable cannabinoid product that is a hemp item. (2) In addition to the requirements of section (1) of this rule, a processor in possession of an inhalable cannabinoid product with non-cannabis additives must, in the item’s ingredients section of CTS, record: (a) The name of all non-cannabis additives used in the item; and (b) For each non-cannabis additive used, the business name of the manufacturer of the non-cannabis additive. (3) The ingredients recorded in CTS under section (2) of this rule must match the information that is contained in the header section of the non-cannabis additive’s list of ingredients as required by OAR 845-025-3265(1)(a). (4) Violations. A violation of this rule is a Category II violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093, 475C.097, 475C.548, 571.336 & 571.337 Statutes/Other Implemented: ORS 475C.117, 571.336 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 113-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 24-2020, adopt filed 12/21/2020, effective 12/22/2020
845-025-3280 Cannabinoid Topical Processor (1) A processor with a cannabinoid topical endorsement may not engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant or single-event temporary restaurant licensed under ORS 624. (2) Violations. A violation of this rule is a Category II violation. Statutory/Other Authority: ORS 475C.017 & ORS 475C.085 Statutes/Other Implemented: ORS 475C.085 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 114-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-3290 Processors Recordkeeping (1) A processor must keep records documenting the following: (a) How much marijuana or industrial hemp is in each process lot; (b) If a product is returned by a licensee, how much product is returned and why; (c) If a defective product was reprocessed, how the defective product was reprocessed; and (d) Each training provided in accordance with OAR 845-025-3240, the names of employees who participated in the training, and a summary of the information provided in the training. (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 Commission requires a processor to submit or produce documents to the Commission 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.” (4) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, ORS 475C.085, 571.336 & 571.337 Statutes/Other Implemented: ORS 475C.085, 571.336 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 115-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16
845-025-3300 Processing Marijuana for Medical Purposes (1) In order to process marijuana items for medical purposes a marijuana processor licensed under ORS 475C.085 must register with the Commission in a form and manner specified by the Commission. (2) A marijuana processor licensed under ORS 475C.085 who has registered with the Commission to process marijuana items for medical purposes: (a) May: (A) Process medical grade cannabinoid products, concentrates, or extracts; and (B) Sell or transfer medical grade cannabinoid products, concentrates, or extracts to wholesalers, processors and retailers who have registered to sell or process marijuana for medical purposes. (C) Sell or transfer medical grade cannabinoid products, concentrates, or extracts to research certificate holders and non-profit dispensaries. (b) Must comply with the requirements of OAR 845-025-7010 to 845-025-7190 for labeling medical grade products. (3) Violations. Processing marijuana items for medical purposes is a Category III violation if the licensee is not registered with the Commission as described in this rule. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.141 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 116-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16 OLCC 9-2016(Temp), f. 6-28-16, cert. ef. 6-30-16 thru 12-26-16
845-025-3320 Hemp Item Transfers to Unlicensed Persons (1) For the purpose of this rule, “unlicensed person” means a person that is not a producer, processor, retailer, wholesaler, or laboratory. (2) Eligibility. A processor with an industrial hemp endorsement may transfer hemp items to an unlicensed person subject to the following conditions: (a) The hemp items are tested as described in ORS 475C.544 and otherwise meets the requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.644 and these rules; and (b) The hemp items do not exceed 0.3 percent total delta-9-THC. (3) The processor must record all activity under this rule in CTS. (4) Transfer requirements. Prior to transferring any hemp items under this rule to a person that is not a processor, retailer or wholesaler the processor must: (a) Generate a manifest in CTS. (b) After generating a manifest in CTS, segregate all hemp items on the manifest and hold the hemp items on the licensed premises for at least three business days under camera coverage prior to removing the hemp items from the licensed premises. (c) Carry a physical copy of the manifest during transportation, if delivering the hemp items to an unlicensed person. If the unlicensed person is picking up the cannabinoid products, extracts or concentrates from the processor, a physical manifest is not required to be printed but must be generated in CTS. (5) A processor may not make transfers under this rule to the licensed premises of a producer, processor, wholesaler, retailer, or laboratory. (6) Violations. (a) Transferring a hemp item that exceeds one percent total delta-9-THC to a person who is not a licensee, laboratory licensee, or research certificate holder is a Category II violation. (b) Transferring a hemp item that exceeds 0.3 percent total delta-9-THC but does not exceed one percent total delta-9-THC to a person who is not a licensee, laboratory licensee, or research certificate holder is a Category III violation. (c) A violation of subsection (4)(b) is a Category III violation. (d) All other violations of this rule are Category IV violations. Statutory/Other Authority: ORS 475C.017 & ORS 571.337 Statutes/Other Implemented: ORS 571.337 History: OLCC 120-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022
845-025-3510 Micro-Wholesaler License Privileges (1) A micro-wholesale licensee may: (a) Purchase, possess, or receive usable marijuana, immature marijuana plants, seeds, whole non-living marijuana plants, and marijuana waste only from a producer with a micro tier I or micro tier II canopy; and (b) Accept or make returns marijuana items, as long as the micro-wholesale licensee: (A) Only accepts or returns usable marijuana, marijuana items, immature marijuana plants, seeds, and whole non-living marijuana plants; (B) Only accepts or returns eligible items listed in paragraph (A) of this subsection from a producer with a micro tier I or micro tier II canopy; and (C) Accurately records the transaction in the CTS. (2) Sell including sale by auction, transfer, deliver, or transport: (a) Usable marijuana to a retailer, wholesaler, processor, non-profit dispensary, or research certificate holder; (b) Seeds and immature plants to a retailer, wholesaler, producer, non-profit dispensary, or research certificate holder; (c) Whole non-living marijuana plants to a wholesaler, processor, or non-profit dispensary; and (d) Marijuana waste to a producer, processor, wholesaler, or research certificate holder. (3) Transport and store marijuana items received from producers with a micro tier I or micro tier II canopy, pursuant to the requirements of OAR 845-025-7500 to 845-025-7590 and 845-025-7700. (4) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR chapter 333, division 7. (5) A micro-wholesaler may not purchase, possess, receive, sell, transfer, deliver, transport, trim, or store any marijuana item other than as provided in this rule. (6) Violations. A violation of this rule is a Category I violation. Statutory/Other Authority: ORS 475C.017 & 475C.093 Statutes/Other Implemented: 475C.093 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 122-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017 OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16 OLCC 9-2016(Temp), f. 6-28-16, cert. ef. 6-30-16 thru 12-26-16
845-025-3600 Wholesaling Marijuana for Medical Purposes (1) In order to sell marijuana at wholesale for medical purposes a marijuana wholesaler licensed under ORS 475C.093 must register with the Commission in a form and manner specified by the Commission. (2) A marijuana wholesaler licensed under ORS 475C.093 who has registered with the Commission to wholesale marijuana items for medical purposes: (a) May: (A) Receive or purchase medical grade cannabinoid products, concentrates, or extracts from processors that have registered to process marijuana items for medical purposes; (B) Sell or transfer medical grade cannabinoid products, concentrates, or extracts to wholesalers, processors and retailers who have registered to sell or process marijuana for medical purposes; and (C) Sell or transfer medical grade cannabinoid products, concentrates, or extracts to research certificate holders and non-profit dispensaries. (b) Must comply with the requirements of OAR 845-025-7000 to 845-025-7190 for labeling medical grade products. (3) Violations. Wholesaling marijuana for medical purposes as described in this rule is a Category III violation if the licensee is not registered with the Commission as described in this rule. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.077 & 475C.145 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 123-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16 OLCC 9-2016(Temp), f. 6-28-16, cert. ef. 6-30-16 thru 12-26-16