justicedao/ipfs_state_laws huggingface dataset:
845-025-5000 Laboratory License Privileges; Requirements (1) A licensed marijuana testing laboratory may: (a) Obtain samples of marijuana items from licensees or registrants for the purpose of testing as provided in these rules and OAR chapter 333, division 7 if the laboratory has an accredited scope item for sampling; (b) Transport and dispose of samples as provided in these rules; (c) Perform testing on marijuana items in a manner consistent with the laboratory’s accreditation by the Authority, these rules, OAR chapter 333, divisions 7 and 64; and (d) Transfer the laboratory’s marijuana waste to a producer, processor, wholesaler, or research certificate holder. (2) After entering the results into CTS of all testing that was performed, a laboratory licensee must retain the remaining sample material taken under OAR 333-007-0360 for a minimum of 30 additional calendar days. (3) A licensed marijuana testing laboratory must, upon request of the Oregon Department of Agriculture, Oregon Health Authority, ORELAP, or the Commission, provide a test result and any other information or sample material to the Department, the Authority, ORELAP, or the Commission. (4) Notwithstanding the requirements of OAR 845-025-1230, a laboratory licensee may permit a registry identification cardholder 18 years of age or older to be present on the licensed premises for the purpose of delivering a marijuana item for sampling and testing. (5) Nothing in these rules prohibits a laboratory licensee from testing industrial hemp or industrial hemp commodities and products in accordance with the rules established by the Oregon Department of Agriculture. (6) A licensed laboratory may return a marijuana item obtained for purposes of testing to the licensee, registrant or research certificate holder, in accordance with any applicable accreditation standards for retaining samples. The return of such marijuana items must be entered into CTS or, if the return is to a registrant, documented in the laboratory’s records. (7) A licensed laboratory may not obtain samples, transport, dispose of, perform testing, transfer, or return any marijuana item other than as provided in this rule. (8) Violations. A violation of this rule is a Category I violation. Statutory/Other Authority: ORS 475C.548 Statutes/Other Implemented: ORS 475C.548 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 124-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 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 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
845-025-5060 Laboratory Transportation and Waste Disposal (1) A laboratory licensee must follow OAR 845-025-7700 and any applicable rules in OAR chapter 333, divisions 7 and 64 regarding transportation of marijuana items. (2) A laboratory licensee must follow all rules regarding disposal of samples from marijuana items established in OAR 845-025-7750. (3) Violations. (a) A violation of section (1) of this rule for failure to follow OAR 845-025-7700(1) is a Category I violation. (b) A violation of section (1) of this rule for failure to follow OAR 845-025-7700(2) to (4) is a Category III violation. (c) A violation of section (2) of this rule is a Category III violation. (d) Any other violation of this rule is a Category IV violation. Statutory/Other Authority: ORS 475C.548 Statutes/Other Implemented: ORS 475C.548 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 127-2022, 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
845-025-5075 Laboratory Licensee Prohibited Conduct (1) In addition to the prohibitions set forth in OAR 845-025-8520, a laboratory licensee may not: (a) Perform any required marijuana sampling or testing using any sampling or testing methods or equipment not permitted under the laboratory’s accreditation through the Authority; (b) Perform any required marijuana sampling or testing for any licensed marijuana producer, processor, wholesaler or retailer in which the laboratory licensee has a financial interest; (c) Perform any required hemp or hemp item sampling or testing for any hemp grower or hemp handler in which the laboratory licensee has a financial interest; or (d) Engage in any activity that violates any provision of ORS Chapter 475C, OAR 333-007-0300 through OAR 333-007-0500 or OAR 333, Division 64 as applicable or these rules. (2) The Commission may suspend or revoke a laboratory license for any violation of ORS 475C.540 to ORS 475C.586, OAR 333-007-0300 to 333-007-0500, OAR 333, Division 64, or these rules. The licensee has a right to a hearing under the procedures of ORS chapter 183; OAR chapter 137, division 003; and OAR chapter 845, division 003. (3) A violation of this rule is a Category I violation and could result in license revocation. Statutory/Other Authority: ORS 475C.548 Statutes/Other Implemented: ORS 475C.548 History: OLCC 128-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 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
845-025-5350 Marijuana Research Certificate Privileges; Prohibitions (1) A certificate holder may receive marijuana items from a licensee or a registrant under ORS 475C.770 to 475C.919. (2) A certificate holder: (a) May not: (A) Sell or otherwise transfer marijuana items to any other person except when disposing of waste pursuant to OAR 845-025-7750, transferring to another certificate holder or transferring to another licensee pursuant these rules. (B) Transfer more to another licensee than is permitted in the Commission’s order granting the research certificate. (b) Must comply with the testing rules in OAR chapter 333, division 7 applicable to a producer or processor prior to transferring marijuana items to a licensee. (3) A certificate holder may not conduct any human subject research related to marijuana unless the certificate holder has received approval from an institutional review board that has adopted the Common Rule, 45 CFR part 46. (4) All administrative rules adopted by Commission for the purpose of administering and enforcing ORS chapter 475C; and any rules adopted thereunder with respect to licensees and licensee representatives apply to certificate holders except for those which are inconsistent with this rule. (5) Violations. A violation of this rule is a Category I violation. Statutory/Other Authority: ORS 475C.289 Statutes/Other Implemented: ORS 475C.289 & ORS 475C.205 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 191-2022, minor correction filed 03/28/2022, effective 03/28/2022 OLCC 130-2022, 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 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
845-025-5500 Marijuana Worker Permit (1) A marijuana worker permit is required for any individual who performs work for or on behalf of a marijuana retailer, producer, processor, wholesaler, or laboratory licensee if the individual participates in: (a) The delivery, possession, handling, production, propagation, processing, sampling, securing, selling, or testing of marijuana items at the premises for which the license has been issued; (b) The recording of the delivery, possession, handling, production, propagation, processing, sampling, securing, selling, or testing of marijuana items at the premises or laboratory for which the license has been issued; (c) The verification of any document described in ORS 475C.217; or (d) The direct supervision of a person described in subsections (a) to (c) of this section. (2) An individual who is required by section (1) of this rule to hold a marijuana worker permit must carry that permit on their person at all times when performing work on behalf of a marijuana retailer. (3) A person who holds a marijuana worker permit must notify the Commission in writing within 10 days of any conviction for a felony. (4) A marijuana retailer, producer, processor, wholesaler, or laboratory licensee must verify that an individual has a valid marijuana worker permit issued in accordance with OAR 845-025-5500 to 845-025-5590 before allowing the individual to perform, or continue to perform, any work at the licensed premises or laboratory. (5) Violations. (a) A violation of section (2) of this rule is a Category IV violation. (b) A violation of section (3) or (4) of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.269 & 475C.273 Statutes/Other Implemented: ORS 475C.269, 475C.273, 2022 OL Ch. 117 Sec. 4 & 2024 OL Ch. 16 Sec. 27 History: OLCC 14-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 131-2022, 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 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 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
845-025-5520 Marijuana Worker Permit Applications (1) In order to obtain a marijuana worker permit an individual must submit an application on a form prescribed by the Commission. The application must contain the applicant’s: (a) Name; (b) Mailing address; (c) Date of birth; (d) Signature; and (e) Response to conviction history questions. (2) In addition to the application an applicant must submit: (a) A copy of a driver's license or identification card issued by one of the fifty states in the United States of America or a passport; and (b) Proof of having passed the worker permit examination. (c) Payment of the worker permit application fee in OAR 845-025-1060(7). (3) If an applicant fails to submit an application with all of the information required in section (1) of this rule or the applicant fails to provide any of the additional information and payment required in section (2) of this rule to the Commission, the application shall be considered incomplete. (4) Temporary Worker Permit. (a) The Commission shall issue a temporary worker permit when an applicant meets the following conditions: (A) The applicant submits a complete application pursuant to this rule: (B) The applicant has no other pending worker permit applications and does not hold any other temporary worker permit or worker permit; (C) The denial criteria in OAR 845-025-5540 do not apply or are otherwise not identified while processing the application; and (D) The worker permit application fee is paid. (b) The Commission will notify the applicant in writing when a temporary worker permit is issued. (c) A temporary worker permit expires on the date on which the application is considered incomplete, or the applicant is issued or denied a worker permit and is subject to the same renewal requirements in OAR 845-025-5580. (d) The Commission may revoke a temporary worker permit or deny a worker permit in accordance with these rules. (e) When the Commission completes its investigation and determines an applicant is eligible for a worker permit, the Commission will notify the applicant in writing that the worker permit is issued, and the temporary worker permit is expired. The worker permit will be in effect five years from the date of issuance of the temporary worker permit. (f) A temporary worker permit and worker permit are subject to the same requirements in these rules. Statutory/Other Authority: ORS 475C.269, 475C.273 & 2024 OL Ch. 16 Sec. 28 Statutes/Other Implemented: ORS 475C.269 & 475C.273 History: OLCC 14-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 132-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 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
845-025-5540 Marijuana Worker Permit Denial Criteria (1) The Commission must deny an initial or renewal application if the applicant: (a) Is not 21 years of age or older; or (b) Has had a marijuana license or worker permit revoked for violation of ORS 475C.005 to 475C.525 or any rule adopted under ORS 475C.005 to 475C.525 within two years of the date of the application. (2) The Commission may deny an initial or renewal application, if the applicant: (a) Has been convicted of a felony for possession, manufacture or delivery of a controlled substance within three years of the date the Commission received the application. (b) Has been convicted of an offense under 475C.005 to 475C.525 within two years of the date of application or renewal; (c) Has been convicted of a felony for a crime involving violence within three years of the date the Commission received the application; (d) Has been convicted of a felony for a crime of dishonesty or deception, including but not limited to theft, fraud, or forgery, within three years of the date the Commission received the application; (e) Has been convicted of a felony for a crime involving a firearm, within three years of the date the Commission received the application; (f) Has more than one conviction for any of the crimes listed in subsections (a) to (e) of this section within five years of the date the Commission received the application; (g) Has violated any provision of ORS 475C.005 to 475C.525 or any rule adopted under ORS 475C.005 to 475C.525; or (h) Makes a material false statement to the Commission. (3) If the Commission denies an application under subsection (2)(g) or (2)(h) of this rule the individual will not be eligible for a worker permit for two years from the date the Commission received the application. (4) A Notice of Denial must be issued by the Commission in accordance with ORS Chapter 183. (5) When the Commission proposes to deny a worker permit application pursuant to this rule, the applicant may not withdraw the application. Statutory/Other Authority: ORS 475C.269, 475C.273, 2024 OL Ch. 16 Sec. 28 & 2024 OL Ch. 16 Sec. 30 Statutes/Other Implemented: ORS 475C.269 & 475C.273 History: OLCC 14-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 133-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 OLCC 10-2019, minor correction filed 07/09/2019, effective 07/09/2019 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 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 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
845-025-5560 Marijuana Worker Examination Requirements (1) An individual must, prior to applying for a marijuana worker permit pass the required examination. (2) An individual must score at least 70 percent on the marijuana worker examination in order to pass. (3) The Commission may require additional education or training for worker permit holders at any time, with adequate notice to worker permit holders. Statutory/Other Authority: ORS 475C.269 & 475C.273 Statutes/Other Implemented: ORS 475C.269 & 475C.273 History: OLCC 14-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 134-2022, 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
845-025-5580 Marijuana Worker Renewal Requirements (1) An individual must renew his or her marijuana worker permit every five years by submitting a renewal application, on a form prescribed by the Commission and the applicable fee specified in OAR 845-025-1060. (2) Renewal applications will be reviewed in accordance with OAR 845-025-5520 and 845-025-5540. Statutory/Other Authority: ORS 475C.269 & 475C.273 Statutes/Other Implemented: ORS 475C.269 & 475C.273 History: OLCC 135-2022, 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
845-025-5585 Required Reporting of Trafficking and Unlawful Employment of Minors (1) Definitions. For the purposes of this rule: (a) “Commercial sex act” means any sex act on account of which anything of value is given to or received by any individual. (b) “Human trafficking” means the recruitment, enticement, intimidation, harboring, transportation, provision, or obtaining of a person for the purpose of subjecting the person to involuntary servitude. (c) “Sex trafficking” means the recruitment, enticement, intimidation, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act, including such actions by means of force or fraud. (2) A permittee, employee, or licensee representative at a premises licensed under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 who has a reasonable belief that sex trafficking or other human trafficking is occurring at the premises must report that belief in a timely manner to: (a) A law enforcement agency; and (b) The Oregon Liquor and Cannabis Commission. (3) A permittee, employee, or licensee representative at a premises licensed under ORS 475C.005 to 475C.525 or 475C.540 to 475C.586 and who has a reasonable belief that a minor is employed or contracted at the licensed premises in a manner that violates Commission rules must report that belief in a timely manner to the Oregon Liquor and Cannabis Commission. (4) A permittee, employee, or licensee representative making a report under this rule in good faith is immune from any criminal or civil liability for making the report. (5) Violation of this rule is a Category II violation. Statutory/Other Authority: 2022 OLC Ch. 117 Sec. 2 Statutes/Other Implemented: 2022 OLC Ch. 117 Sec. 2 History: OLCC 200-2022, adopt filed 10/20/2022, effective 10/22/2022 OLCC 194-2022, temporary adopt filed 04/22/2022, effective 04/25/2022 through 10/21/2022
845-025-5590 Marijuana Worker Permit Suspension or Revocation (1) The Commission may suspend or revoke the worker permit of any marijuana worker if the worker: (a) Is convicted of a felony; (b) Is convicted of an offense under ORS 475C.005 to 475C.525 within two years of the application or renewal; (c) Has violated a provision of ORS 475C.005 to 475C.525 or these rules; or (d) Makes a material false statement to the Commission. (2) The Commission may suspend or revoke the worker permit for any marijuana worker for any reasons that would be the basis for denying a worker permit application under OAR 845-025-5540. (3) If an individual’s worker permit is revoked under subsection (1)(c) or (1)(d) of this rule, future applications will be denied if received within two years of the date the final order of revocation was issued. (4) A notice of suspension or revocation must be issued by the Commission in accordance with ORS 183. (5) A permittee is subject to discipline for a violation of any rule of this chapter in the same manner as a licensee. Statutory/Other Authority: ORS 475C.269, 475C.273 & 2024 OL Ch. 16 Sec. 25 Statutes/Other Implemented: ORS 475C.269 & 475C.273 History: OLCC 14-2024, amend filed 12/20/2024, effective 03/31/2025 OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 136-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 OLCC 7-2018, amend filed 07/26/2018, effective 08/01/2018 OLCC 1-2018, temporary amend filed 01/25/2018, effective 01/26/2018 through 07/23/2018 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
845-025-5700 Licensee Testing Requirements (1) Licensees must comply with the Authority’s testing rules in OAR 333-007-0300 to 333-007-0500 and OAR 333, division 64 prior to the sale or transfer of a marijuana item or industrial hemp or industrial hemp item, as specified in those rules. (2) A violation of this rule is a Category I violation. Statutory/Other Authority: ORS 475C.540, ORS 475C.544 & 571.275 Statutes/Other Implemented: ORS 475C.540 & ORS 475C.544 History: OLCC 137-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017 Reverted to OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16 OLCC 3-2017(Temp), f. & cert. ef. 3-3-17 thru 8-29-17 OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16 OLCC 16-2016(Temp), f. & cert. ef. 9-30-16 thru 3-1-17 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
845-025-5720 Labeling, Storage, and Security of Pre-Tested Marijuana Items (1) Following samples being taken from a harvest or process lot batch a licensee must: (a) Label the batch with the following information: (A) The licensee’s license number; (B) The harvest or process lot unique identification number; (C) The name and accreditation number of the laboratory that took samples and the name and accreditation number of the laboratory that will perform the testing, if different; (D) The test batch or sample unique identification numbers supplied by the laboratory personnel; (E) The date the samples were taken; and (F) In bold, capital letters, no smaller than 12 point font, “PRODUCT NOT TESTED.” (b) Store and secure the batch in a manner that prevents the product from being tampered with or transferred or sold prior to test results being reported. (c) Be able to easily locate a batch stored and secured under subsection (b) of this section and provide that location to the Commission or a laboratory upon request. (2) A batch may be stored in more than one receptacle as long as the labeling requirements are met. (3) If the samples pass testing the product may be sold or transferred in accordance with the applicable Commission rules. (4) If the samples do not pass testing the licensee must comply with OAR 845-025-5740 and 333-007-0450, as applicable. (5) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.540, 475C.544 & ORS 475C.017 Statutes/Other Implemented: ORS 475C.540 & 475C.544 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 138-2022, 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