justicedao/ipfs_state_laws huggingface dataset:
333-008-0520 Approval of Petition for Grandfathered Grow Site (1) The Authority will grant a petition for a grandfathered grow site if, based on the information in the petition and the Authority’s review of the petition: (a) The grow site address is currently registered with the Authority; (b) The petition includes all PRMGs currently growing at the grow site; (c) With the exception of any PRMG whose designation was revoked under OAR 333-008-0510(2), the PRMGs listed in the petition are qualified to be a PRMG; (d) All qualified PRMGs listed in the petition were registered at the grow site on December 31, 2014, and were all continuously registered there at the time the petition was submitted; and (e) The number of patients registered at the grow site would not result in the grow site address exceeding: (A) For a grow site location within city limits and zoned residential: (i) Twenty-four mature marijuana plants; (ii) Forty-eight immature marijuana plants that are 24 inches or more in height; and (iii) One hundred and forty-four immature marijuana plants that are less than 24 inches in height. (B) For a grow site location within city limits but not zoned residential or outside city limits: (i) Ninety-six mature marijuana plants; (ii) One hundred and ninety-two immature marijuana plants that are 24 inches or more in height; and (iii) Five hundred and seventy-six immature marijuana plants that are less than 24 inches in height. (2) The actual grow site address plant limit is based on the number of patients registered at the grow site address on December 31, 2014, assuming there were six mature plants per patient. Based on the number of mature plants permitted, the grow site may have: (a) Twice as many immature marijuana plants 24 inches or more in height as there are mature plants; and (b) Six times as many immature marijuana plants less than 24 inches in height as there are mature plants. (3) If a grow site is approved under this rule the Authority may not register any additional PRMG at that address unless the grandfathered grow site approval has been terminated. (4) A grow site located at a patient’s residence where the patient or the patient’s designated primary caregiver produces marijuana may no longer be a grandfathered grow site, may not be approved as a grandfathered grow site, and the grow site may not be used to produce more than 12 mature marijuana plants and 24 immature marijuana plants. The marijuana plant numbers include any plants permitted under ORS 475C.305. Statutory/Other Authority: ORS 475C.806 & ORS 475C.919 Statutes/Other Implemented: ORS 475C.806 History: PH 73-2022, minor correction filed 05/11/2022, effective 05/11/2022 PH 22-2019, amend filed 11/15/2019, effective 01/01/2020 PH 248-2018, amend filed 08/17/2018, effective 08/17/2018 PH 127-2018, minor correction filed 04/27/2018, effective 04/27/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16 PH 33-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 2-29-16
333-008-0530 Denial of Petition for Grandfathered Grow Site (1) The Authority must deny a petition for a grandfathered grow site if based on the information in the petition and the Authority’s review of the petition: (a) The grow site address is not currently registered with the Authority; (b) The petition does not include all PRMGs currently producing marijuana at the grow site; (c) None of the PRMGs listed in the petition are qualified or the number of PRMGs eligible to produce marijuana at the grow site address would result in the grow site address exceeding the maximum plant limits, depending on the location of the grow site; (d) Not all of the qualified PRMGs listed in the petition were registered at the grow site on December 31, 2014, or were not all continuously registered there at the time the petition was submitted; or (e) The number of patients registered at the grow site address exceed the plant limits in ORS 475C.806(3)(b) or 475C.806(4)(b). (2) An individual or group of individuals whose petition is denied may resubmit a petition at any time. (3) If a petition is denied the maximum plant limits at the grow site for which the petition was filed are: (a) For a grow site location within city limits and zoned residential: (A) Twelve mature marijuana plants; (B) Twenty-four immature marijuana plants that are 24 inches or more in height; and (C) Seventy-two immature marijuana plants that are less than 24 inches in height. (b) For a grow site location within city limits but not zoned residential or not within city limits: (A) Forty-eight mature marijuana plants; (B) Ninety-six immature marijuana plants that are 24 inches or more in height; and (C) Two hundred and eighty-eight immature marijuana plants that are less than 24 inches in height. Statutory/Other Authority: ORS 475C.919 Statutes/Other Implemented: ORS 475C.806 History: PH 75-2022, minor correction filed 05/25/2022, effective 05/25/2022 PH 22-2019, amend filed 11/15/2019, effective 01/01/2020 PH 248-2018, amend filed 08/17/2018, effective 08/17/2018 PH 128-2018, minor correction filed 04/27/2018, effective 04/27/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16 PH 33-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 2-29-16
333-008-0540 Requirements for Grandfathered Grow Sites; Termination of PRMG Designation; Suspension or Revocation of PRMG Registration (1) A grandfathered grow site may only have the number of plants authorized by the Authority, based on the number of patients designating the address as a grow site on December 31, 2014. A PRMG producing marijuana at a grandfathered grow site may replace an existing patient with a new patient unless the person’s designation has been terminated under ORS 475C.806(6). (2) If the Authority suspends or revokes the registration of a PRMG that is producing marijuana at a grandfathered grow site the PRMG may not continue to grow at that grow site or any other grow site that has: (a) For a grow site located within city limits that is zoned residential, a maximum of: (A) Twelve mature marijuana plants; (B) Twenty-four immature marijuana plants that are 24 inches or more in height; and (C) Seventy-two immature marijuana plants that are less than 24 inches in height. (b) For a grow site located within city limits but not zoned residential or outside city limits, a maximum of: (A) Forty-eight mature marijuana plants; (B) Ninety-six immature marijuana plants that are 24 inches or more in height; and (C) Two hundred and eighty-eight immature marijuana plants that are less than 24 inches in height. (3) If a patient terminates the designation of a PRMG that person may not be designated to produce marijuana by another patient at the grandfathered grow site and may not produce marijuana at any other grow site that is authorized to have more than: (a) Forty-eight mature marijuana plants; (b) Ninety-six immature marijuana plants that are 24 inches or more in height; and (c) Two hundred and eighty-eight immature marijuana plants that are less than 24 inches in height. (4) Approval of a grandfathered grow site is terminated once the number of mature marijuana plants, based on number of PRMGs who have been authorized to produce medical marijuana at the grow site address and the number of patients each person is producing for is less than: (a) For a grow site located within city limits that is zoned residential: (A) Twelve mature marijuana plants; (B) Twenty-four immature marijuana plants that are 24 inches or more in height; and (C) Seventy-two immature marijuana plants that are less than 24 inches in height; or (b) For a grow site located within city limits but not zoned residential or outside city limits: (A) Forty-eight mature marijuana plants; (B) Ninety-six immature marijuana plants that are 24 inches or more in height; and (C) Two hundred and eighty-eight immature marijuana plants that are less than 24 inches in height. Statutory/Other Authority: ORS 475C.919 Statutes/Other Implemented: ORS 475C.806 History: PH 76-2022, minor correction filed 05/25/2022, effective 05/25/2022 PH 22-2019, amend filed 11/15/2019, effective 01/01/2020 PH 248-2018, amend filed 08/17/2018, effective 08/17/2018 PH 129-2018, minor correction filed 04/27/2018, effective 04/27/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-0560 Grow Site Plant Limits (1) A PRMG may not produce more than the following per patient, subject to the overall grow site plant limits: (a) Six mature marijuana plants; (b) Twelve immature marijuana plants that are 24 inches or more in height; and (c) Thirty-six immature marijuana plants that are less than 24 inches in height. (2) Unless a petition has been granted under OAR 333-008-0520 a grow site address may not have more than: (a) For a grow site located within city limits that is zoned residential: (A) Twelve mature marijuana plants; (B) Twenty-four immature marijuana plants that are 24 inches or more in height; and (C) Seventy-two immature marijuana plants that are less than 24 inches in height. (b) For a grow site located within city limits but not zoned residential or outside city limits: (A) Forty-eight mature marijuana plants; (B) Ninety-six immature marijuana plants that are 24 inches or more in height; and (C) Two hundred and eighty-eight immature marijuana plants that are less than 24 inches in height. Statutory/Other Authority: ORS 475C.806 & 475C.919 Statutes/Other Implemented: ORS 475C.806 History: PH 78-2022, minor correction filed 05/25/2022, effective 05/25/2022 PH 22-2019, amend filed 11/15/2019, effective 01/01/2020 PH 248-2018, amend filed 08/17/2018, effective 08/17/2018 PH 131-2018, minor correction filed 04/27/2018, effective 04/27/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-0580 Usable Marijuana Possession Limits for a Person Designated to Produce Marijuana by a Patient (1) Subject to section (2) of this rule, a person designated to produce marijuana by a patient may possess the amount of usable marijuana that the person harvests from his or her mature marijuana plants, provided that the person may not possess usable marijuana in excess of the amount of usable marijuana in the person’s possession as reported to the Authority under OAR 333-008-0630. (2) A person designated to produce marijuana by a patient may not possess usable marijuana in excess of: (a) For a marijuana grow site located outdoors, 12 pounds of usable marijuana per mature marijuana plant; or (b) For a marijuana grow site located indoors, six pounds of usable marijuana per mature marijuana plant. (3) Unless a PRMG falls within the definition of a person designated to produce marijuana by a patient the PRMG may only possess the amount of usable marijuana that is permitted under ORS 475C.305. (4) A PRMG producing marijuana at a grow site where there are multiple PRMGs registered must physically segregate the usable marijuana at the grow site that is the property of the PRMG or the PRMG’s patients by placing the usable marijuana in a receptacle or multiple receptacles and attaching a label to the receptacle that includes the PRMG’s name, identification card number and patient identification number. (5) If during an investigation the Authority determines that usable marijuana has not been segregated in accordance with section (4) of this rule or that usable marijuana at the grow site is identified as belonging to an individual who is not registered at the grow site, the Authority may suspend or revoke the registration of the grow site address for all PRMGs producing at that grow site and the PRMG’s cards. (6) Once harvested, all marijuana and usable marijuana produced by a PRMG may only be stored at the registered grow site unless it is in the process of being transferred to: (a) The PRMG’s patient, the patient’s designated primary caregiver, or organization or facility caregiver; (b) A registered processing site or dispensary; (c) A laboratory licensed and accredited in accordance with ORS 475C.540 to 475C.586; or (d) A Commission licensee if such a transfer is permitted under OAR chapter 845, division 25 and these rules. Statutory/Other Authority: ORS 475C.919 Statutes/Other Implemented: ORS 475C.809 History: PH 80-2022, minor correction filed 05/25/2022, effective 05/25/2022 PH 22-2019, amend filed 11/15/2019, effective 01/01/2020 PH 133-2018, minor correction filed 04/27/2018, effective 04/27/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-0585 Personal Agreement (1) Notwithstanding ORS 475C.792(7), a PRMG may enter into a personal agreement with a patient under which the patient assigns to the PRMG a portion of the right to possess the seeds, immature marijuana plants and usable marijuana that are the property of the patient. (2) A personal agreement described in section (1) of this rule may only be between a patient and the PRMG designated to produce marijuana on their behalf. (3) A personal agreement described in section (1) must be agreed to in writing by both the patient and the PRMG using either: (a) The personal agreement form provided by the Authority at www.healthoregon.org/ommp; or (b) Another document that includes the same information included in the form described in subsection (a) of this section including but not limited to: (A) Patient name, phone number, registry identification card number and the card’s expiration date; (B) PRMG name, phone number, OMMP identification card number, the card’s expiration date, and grow site address; (C) The amount or quantity with the unit of measure of the marijuana items assigned to the PRMG. Marijuana items must be specified as usable marijuana, seeds, immature plants 24 inches or more in height, and immature plants under 24 inches in height; (D) A statement that the patient understands that the marijuana items will no longer be the patient’s property; (E) The date the agreement expires that is on or before the expiration of the patient’s registry identification card; (F) Patient’s and PRMG’s signature; and (G) Whether and under what terms the agreement may be revoked. (4) A personal agreement is not transferable. (5) A personal agreement does not continue upon renewal of a patient’s registry identification card. A patient may enter into a new personal agreement upon renewing their OMMP registration. (6) Marijuana in the PRMG’s possession pursuant to a personal agreement is subject to all of the restrictions and requirements of ORS chapter 475C and these rules, including but not limited to the following: (a) Marijuana may only be stored at the grow site where the PRMG is designated to produce marijuana for the patient; (b) A PRMG may only make transfers of marijuana in accordance with OAR 333-008-0590. (7) The patient and PRMG must both retain a copy of the personal agreement. (a) The PRMG must maintain a copy of the personal agreement at the grow site. (b) The patient and the PRMG must make the personal agreement available to the Authority or Commission upon request. (c) The patient and the PRMG must keep the personal agreement on file for at least three years. Statutory/Other Authority: ORS 475C.919, ORS 475C.798, ORS 475C.806 & ORS 475C.809 Statutes/Other Implemented: ORS 475C.798, ORS 475C.806 & ORS 475C.809 History: PH 81-2022, minor correction filed 05/25/2022, effective 05/25/2022 PH 22-2019, adopt filed 11/15/2019, effective 01/01/2020
333-008-0590 Permissible Transfers of Marijuana (1) Registrants may only transfer marijuana: (a) As permitted under this rule or in ORS 475C.770 to 475C.919. (b) That was produced or processed for a patient as permitted under these rules. (2) A patient may transfer for no financial consideration: (a) Usable marijuana to a registered medical processor for processing into a cannabinoid product, cannabinoid concentrate or cannabinoid extract that will be returned to the patient, the patient’s designated primary caregiver, or organization or facility caregiver; or (b) Usable marijuana, marijuana seeds, or immature plants to another registered patient. (3) A designated primary caregiver or organization or facility caregiver may transfer: (a) Mature plants or marijuana items to their designated patient for no consideration; (b) As permitted by a valid authorization from their patient, usable marijuana for no consideration to a registered processing site for processing into a cannabinoid product, cannabinoid concentrate or cannabinoid extract that will be returned to the patient or designated primary caregiver; (c) As permitted by a valid authorization from their patient, usable marijuana, marijuana seeds, or immature plants to a registered medical dispensary; or (d) As permitted by a valid authorization from their patient, usable marijuana to a registered processing site for processing into a cannabinoid product, cannabinoid concentrate or cannabinoid extract that will not be returned to the patient or designated primary caregiver. (4) A PRMG may transfer: (a) Usable marijuana, marijuana seeds, immature plants, or mature plants to their designated patient or the patient’s caregiver; (b) As permitted by a valid personal agreement under OAR 333-008-0585, or as authorized by the patient, usable marijuana to a registered processing site; or (c) As permitted by a valid personal agreement under OAR 333-008-0585, or as authorized by the patient, usable marijuana, marijuana seeds, or immature plants to a registered medical dispensary. (d) As permitted by a valid personal agreement under OAR 333-008-0585, usable marijuana to a Commission licensed wholesaler or processor in accordance with ORS 475C.800 and OAR chapter 845, division 25. (5) Any transfers under this rule are subject to the possession limits in ORS 475C.305, ORS 475C.809, OAR 333-008-0080, 333-008-0560 and 333-008-0580 including during transportation. (6) All transfers under this rule must be reported pursuant to OAR 333-008-0630 or tracked pursuant to OAR 333-008-0635 as applicable to the PRMG. (7) Failure to comply with this rule is a violation and may result in enforcement action including denial of future applications or designations. Statutory/Other Authority: ORS 475C.919, ORS 475C.305, ORS 475C.809 & ORS 475C.792 Statutes/Other Implemented: ORS 475C.305, ORS 475C.809 & ORS 475C.792 History: PH 82-2022, minor correction filed 05/25/2022, effective 05/25/2022 PH 22-2019, adopt filed 11/15/2019, effective 01/01/2020
333-008-0595 Transfers from Commission Licensees (1) PRMGs, patients, and designated primary caregivers may receive immature marijuana plants from a Commission licensed marijuana producer registered under ORS 475C.137 in accordance with OAR chapter 845, division 25. (2) Any transfer under this rule is subject to: (a) Grow site plant limitations under OAR 333-008-0025, 333-008-0520 to 333-008-0560; and (b) Possession limits under OAR 333-008-0080. Statutory/Other Authority: ORS 475C.137 & ORS 475C.919 Statutes/Other Implemented: ORS 475C.137 History: PH 169-2022, minor correction filed 08/02/2022, effective 08/02/2022 PH 84-2022, minor correction filed 05/25/2022, effective 05/25/2022 PH 22-2019, adopt filed 11/15/2019, effective 01/01/2020
333-008-0600 PRMG Labeling, Packaging and Testing Requirements (1) A PRMG who transfers usable marijuana to a registered processing site or dispensary must comply with the labeling and packaging requirements adopted by the Commission in OAR chapter 845, division 25 and the testing requirements in OAR 333-007-0300 to 333-007-0500, including but not limited to assigning and documenting a unique batch number for each batch of usable marijuana, and providing that batch number to registered processing sites and dispensaries at the time of transfer or sale. (2) In accordance with rules adopted by the Commission in OAR chapter 845, division 25 a PRMG must: (a) Comply with the Commission’s packaging and labeling pre-approval process under OAR chapter 845, division 25; and (b) 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. (3) A PRMG may not transfer usable marijuana or seeds that are subject to the Commission’s packaging and labeling requirements unless the packaging and label have been pre-approved or pre-approval is not required. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 85-2022, minor correction filed 05/25/2022, effective 05/25/2022 PH 248-2018, amend filed 08/17/2018, effective 08/17/2018 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 33-2016, f. & cert. ef. 11-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-0710 OMMP Monitoring, Investigation, and Enforcement: Grow Site Inspections The Authority may inspect the following to ensure compliance with ORS 475C.792, 475C.795 and 475C.806, and any rule adopted under ORS 475C.792, 475C.795 and 475C.806: (1) The marijuana grow site of a person designated to produce marijuana by a patient; and (2) The records of a person designated to produce marijuana by a patient. Statutory/Other Authority: ORS 475C.792 & 475C.894 Statutes/Other Implemented: ORS 475C.792 & 475C.894 History: PH 90-2022, minor correction filed 05/25/2022, effective 05/25/2022 PH 136-2018, minor correction filed 04/27/2018, effective 04/27/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-0740 OMMP Monitoring, Investigation, and Enforcement: Civil Penalties In addition to any other liability or penalty provided by law, the Authority may impose for each violation of a provision of ORS 475C.770 to 475C.919, 475C.544 , or for each violation of these rules, a civil penalty that does not exceed $500 for each day that the violation occurs, in accordance with the civil penalty matrix in OAR 333-008-2210. Statutory/Other Authority: ORS 475C.895, 475C.919 & 475C.578 Statutes/Other Implemented: ORS 431A.010, 475C.895 & 475C.578 History: PH 93-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 139-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-0750 OMMP Monitoring, Investigation, and Enforcement: General Powers The Authority may possess, seize or dispose of marijuana or usable marijuana as is necessary for the Authority to ensure compliance with and enforce the provisions of ORS 475C.770 to 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7, and these rules. Statutory/Other Authority: ORS 431A.010, 475C.481 & 475C.903 Statutes/Other Implemented: ORS 431A.010, 475C.481 & 475C.903 History: PH 94-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 140-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1000 Medical Marijuana Dispensaries: Applicability (1) A person may not establish, conduct, maintain, manage or operate an establishment for the purpose of providing the services in ORS 475C.833(1)(a) unless the person is registered by the Authority under these rules. (2) Nothing in these rules exempts a dispensary registrant or dispensary representative from complying with any other applicable state or local laws. (3) Registration of a dispensary does not protect a dispensary registrant or dispensary representative from possible criminal prosecution under federal law. (4) Registration by the Authority is not a guarantee that a dispensary is permitted to operate under applicable land use or other local government laws where the dispensary is located. (5) These rules apply to any initial or renewal application filed on or after June 24, 2016, and to any application filed prior to June 24, 2016 that the Authority has not approved or denied. Statutory/Other Authority: ORS 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 95-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 141-2018, 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 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