justicedao/ipfs_state_laws huggingface dataset:
845-025-8000 Advertising — Purpose and Application of Rules (1) The Commission serves the interests of the citizens of Oregon by regulating and prohibiting advertising marijuana items or hemp items in a manner: (a) That is attractive to minors; (b) That promotes excessive use; (c) That promotes activity that is illegal under Oregon law; or (d) That otherwise presents a significant risk to public health and safety. (2) The Commission also serves the interests of Oregonians by allowing advertising for the purpose of informing the public of the availability and characteristics of marijuana. (3) All advertising of marijuana items or hemp items by a licensee must conform to these rules. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 172-2022, 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
845-025-8020 Advertising — Definitions As used in OAR 845-025-8000 to 845-025-8080: (1) “Advertising” is publicizing a trade name or business name together with words or symbols referring to marijuana items or hemp items or publicizing the brand name of a marijuana item or hemp item. (2) “Billboard” means a large outdoor advertising structure. (3) “Handbill” is a flyer, leaflet, or sheet that advertises marijuana items or hemp items. (4) “Radio” means a system for transmitting sound without visual images, and includes broadcast, cable, on-demand, satellite, or internet programming. Radio includes any audio programming downloaded or streamed via the internet. (5) “Television” means a system for transmitting visual images and sound that are reproduced on screens, and includes broadcast, cable, on-demand, satellite, or internet programming. Television includes any video programming downloaded or streamed via the internet. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 173-2022, 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
845-025-8040 Advertising Restrictions (1) Advertising of marijuana items or hemp items by a licensee may not: (a) Contain statements that are deceptive, false, or misleading; (b) Contain any content that can reasonably be considered to target individuals under the age of 21, including but not limited to images of minors, cartoons, toys, or similar images and items typically marketed towards minors, or references to products that are commonly associated with minors or marketed by minors; (c) Specifically encourages the transportation of marijuana items across state lines or otherwise encourages illegal activity; (d) Assert that marijuana items or hemp items are safe because they are regulated by the Commission or have been tested by a certified laboratory or otherwise make claims that any government agency endorses or supports marijuana or hemp items; (e) Make claims that marijuana or hemp items have curative or therapeutic effects that are not supported by the totality of publicly available scientific evidence, including evidence from well-designed studies conducted in a manner that is 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; (f) Display consumption of marijuana items or hemp items; (g) Contain material that encourages the use of marijuana items or hemp items because of their intoxicating effect; or (h) Contain material that encourages excessive or rapid consumption. (2) A licensee may not make any deceptive, false, or misleading assertions or statements on any informational material, any sign, or any document provided to a consumer. (3) A licensee must include the following statements on all print, billboard, television, radio, and internet advertising in font size legible to the viewer: (a) “Do not operate a vehicle or machinery under the influence of this drug.”; (b) “For use only by adults twenty-one years of age and older.”; and (c) “Keep out of the reach of children.” (4) Violations. A violation of this rule is a Category V violation. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 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 174-2022, minor correction filed 03/25/2022, effective 03/25/2022 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 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
845-025-8060 Advertising Media, Coupons, and Promotions (1) The Commission prohibits advertising through handbills that are passed out in public areas such as parking lots and publicly owned property. (2) A licensee may not utilize television, radio, billboards, print media, or internet advertising unless the licensee has reliable evidence that no more than 30 percent of the audience for the program, publication, or internet web site in or on which the advertising is to air or appear is reasonably expected to be under the age of 21. (3) A licensee who advertises via web page must utilize appropriate measures to ensure that individuals visiting the web page are over 21 years of age. (4) A licensee may not engage in advertising via marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature. (5) Violations. A violation of this rule is a Category V violation. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 175-2022, minor correction filed 03/25/2022, effective 03/25/2022 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 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
845-025-8080 Removal of Objectionable and Non-Conforming Advertising (1) A licensee must remove any sign, display, or advertisement if the Commission finds it violates these rules. (2) The Commission will notify the licensee and specify a reasonable time period for the licensee to remove any sign, display, or advertisement that the Commission finds objectionable. (3) Violations. A violation of this rule is a Category V violation. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 176-2022, 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
845-025-8500 Responsibility of Licensee, Responsibility for Conduct of Others Each licensee or laboratory licensee is responsible for violations of any provision of ORS chapter 475C affecting the licensed privileges, or these rules and for any act or omission of a licensee representative that violates any law, administrative rule, or regulation affecting the licensed privileges. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 177-2022, 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
845-025-8540 Dishonest Conduct (1) False Statements. A licensee, laboratory licensee, or permittee may not: (a) Make a false statement or representation to the Commission or law enforcement in order to induce or prevent action or investigation by the Commission or law enforcement. Violation of this subsection is a Category II violation. (b) If the Commission finds that the false statement or representation was intentional, the Commission may charge the violation as a Category I violation and could result in license or permit revocation. (2) Marijuana Item Misrepresentations. (a) A licensee, laboratory licensee, or permittee may not misrepresent any marijuana item to a consumer, licensee, laboratory licensee, or the public, including: (A) Misrepresenting the contents of a marijuana item; (B) Misrepresenting the testing results of a marijuana item; (C) Misrepresenting the potency of a marijuana item; or (D) Making representations or claims that the marijuana item has curative or therapeutic effects. (b) A licensee may not treat or otherwise adulterate marijuana with any chemical, biologically active drug, plant, substance, including nicotine, or other compound that has the effect or intent of altering the marijuana’s color, appearance, weight, or smell or that has the effect or intent of increasing potency, toxicity, or addictiveness. (c) A knowing or intentional violation of this section is a Category I violation and could result in license or permit revocation. (d) Violation of this section in any manner other than knowing or intentional is a Category II violation. (3) Supply of Adulterated Marijuana Items. (a) A licensee or permittee may not supply adulterated marijuana items. (b) Violation of this section is a Category I violation and could result in license revocation. (4) Evidence. A licensee, laboratory licensee, or permittee may not: (a) Intentionally destroy, damage, alter, remove, or conceal potential evidence, or attempt to do so, or ask or encourage another person to do so. Violation of this subsection is a Category I violation and could result in license revocation. (b) Destroy, damage, alter, remove, or conceal potential evidence, or attempt to do so, or ask or encourage another person to do so, in any manner other than intentional. Violation of this subsection is a Category II violation. (c) Refuse to give, or fail to promptly give, a Commission regulatory specialist or law enforcement officer evidence when lawfully requested to do so. Violation of this subsection is a Category II violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.245 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 179-2022, 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
845-025-8560 Inspections (1) The Commission may conduct: (a) An inspection at any time to ensure that a registrant, licensee, or permittee is in compliance with ORS chapter 475C or these rules; or (b) Compliance transactions in order to determine whether a licensee or permittee is complying with ORS chapter 475C or these rules. (2) A licensee, licensee representative, or permittee must cooperate with the Commission during an inspection. (3) If licensee, licensee representative, or permittee fails to permit the Commission to conduct an inspection the Commission may seek an investigative subpoena to inspect the premises and gather books, payrolls, accounts, papers, documents, or records. (4) Failure to cooperate with the Commission during an inspection as described in this rule is a Category II violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.301 & 475C.628 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 181-2022, minor correction filed 03/25/2022, effective 03/25/2022 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 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
845-025-8570 Uniform Standards for Minor Decoy Operations (1) Purpose. ORS chapter 475C prevents anyone who has not reached 21 years of age from obtaining marijuana or marijuana items. It is the Commission's intention that decoy operations are to be an impartial test of a licensee’s ability and willingness to obey laws on preventing sale of marijuana or marijuana items to minors. (2) Uniform standards for minors used in minor decoy operations: (a) The minor must be under 21 years of age; and (b) The minor may not use false identification; and (c) The minor may not lie about their age. (3) Uniform standards for coordination with law enforcement agencies. The Commission will coordinate with law enforcement agencies to ensure, to the greatest extent possible, that: (a) Law enforcement agencies are informed of the Commission's uniform standards for minor decoy operations; and (b) Law enforcement agencies provide the Commission with copies of their minor decoy policies. (4) In order for the Commission to process violation cases in a timely manner, law enforcement agencies will be encouraged to provide the Commission with the results of any minor decoy operation. (5) Licensees or any employee of a licensee must immediately return identification presented by the minor decoy upon request of law enforcement or an OLCC representative. Failure to return ID as described in this section is a Category II violation. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 182-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16
845-025-8575 Restricting License Privileges and Conduct of Operations (1) The Commission may issue a restricted license when in the absence of a restriction, the Commission has a basis to cancel, suspend/fine or deny the license. (2) The Commission may restrict a license when, in addition to all or part of a suspension or civil penalty, a restriction may prevent the recurrence of the problem(s) that caused the violation(s). (3) A licensee will be notified in writing by the Commission if it intends to restrict the license and the licensee will be given the opportunity to appeal the proposed restriction in accordance with ORS Chapter 183. (4) A licensee who has a restricted license may only exercise license privileges in compliance with the restrictions. Failure to comply with any restriction is a Category I violation. (5) A restriction remains in effect until the Commission removes it. The licensee may request in writing that the Commission remove or modify a restriction. The written request must explain why the licensee believes the Commission should remove or modify the restriction. The Commission will notify the licensee, in writing, of its decision to approve or deny the request and the basis for its decision. If the Commission denies the request, the licensee has the right to a hearing under the procedures in ORS Chapter 183. Statutory/Other Authority: ORS 475C.037 & ORS 475C.265 Statutes/Other Implemented: ORS 475C.265 History: OLCC 183-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 14-2018, adopt filed 12/27/2018, effective 12/28/2018
845-025-8580 Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension (1) Before 7 a.m. on the date a license suspension goes into effect, and until the suspension is completed, Commission staff must ensure that a suspension notice sign is posted on each outside entrance or door to the licensed premises. (2) The suspension notice sign must be posted in a way that allows any person entering the premises to read it. Licensees must use the suspension notice sign provided by the Commission. The sign will state that the license has been suspended by order of the Commission due to violations of the recreational marijuana laws (statutes or administrative rules) of Oregon. If there are multiple licenses at the location, the sign will specify which license privileges have been suspended. (3) During the period of license suspension, the licensee is responsible for ensuring: (a) Compliance with all applicable laws and rules; and (b) That the suspension notice sign is not removed, altered, or covered. (4) A licensee or licensee representative may not allow the sale, delivery to or from, or receipt of marijuana items at the licensed premises; the harvesting of marijuana; the destruction of marijuana; or the processing of marijuana or marijuana items during the period of time that the license is under suspension, except as otherwise permitted by the Commission in the order of suspension. During a period of time that the license is under suspension, a recreational marijuana licensee may operate the business only in compliance with this rule. (5) Sanction: (a) A violation of section (4) of this rule is a Category I violation. (b) A violation of section (2) or subsection (3)(b) of this rule is a Category IV violation. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.405 & 475C.628 History: OLCC 12-2024, amend filed 12/20/2024, effective 01/01/2025 OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 192-2022, minor correction filed 03/29/2022, effective 03/29/2022 OLCC 184-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 OLCC 6-2016, 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
845-025-8750 License Surrender A licensee may request the Commission to accept the surrender of a license. The license remains in effect until the Commission accepts the surrender. If the Commission accepts the surrender, the Commission will notify the licensee of the date of acceptance. The licensee must cease all license privileges from on this date through the remainder of the licensing period. The licensee must apply for and receive a new license before engaging in any licensed activities. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 187-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16
845-025-8760 Recommendation of Licensee in Good Standing for another Jurisdiction (1) A current licensee of the Commission may request that the Commission provide a letter representing that the licensee is in good standing (“letter of good standing”) for the purpose of a licensee seeking licensure in another state. The Commission will only provide such a letter if the licensee: (a) Has no pending violations being investigated or violations that are the subject of an administrative hearing. (b) Has not had any adjudicated Category II through V violations in the last two years. (c) Has filed all marijuana tax returns required by ORS 475C.682 and paid the tax as reported on those returns or as adjusted by the Department of Revenue. A retailer may demonstrate compliance with this requirement with a letter of good standing issued by the Department of Revenue. (2) A licensee that has at any time been found to have committed a Category I violation is not eligible for a letter of good standing. (3) The Commission will issue a letter of good standing to a licensee that meet the criteria in section (1) of this rule, unless the Commission has public health and safety concerns with the licensee. (4) The Commission will make a form available upon request for a licensee to request a good standing letter. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.017 History: OLCC 202-2022, adopt filed 11/21/2022, effective 01/01/2023
845-026-0200 Marijuana Concentration and Serving Size Limits: Definitions, Purpose, and Scope (1) OAR 845-026-0200 through 845-026-0220 apply to: (a) A licensee as that term is defined in OAR 845-025-1015; and (b) A person registered with the Oregon Health Authority under ORS 475C.770 to 475C.919 who is not exempt under ORS 475C.624. (2) A cannabinoid product or cannabinoid concentrate or extract meets the concentration limits permitted under OAR 845-026-0210 through 845-026-0220 if: (a) The total delta-9-THC as calculated in accordance with OAR 333-064-0100(4) does not exceed the maximum amount of THC permitted by more than 10 percent; and (b) The testing in accordance with ORS 475C.544 was performed using a method with a LOQ sufficient to demonstrate that the total delta-9-THC does not exceed the maximum amount of THC permitted by more than 10 percent. (3) For purposes of OAR 845-026-0200 through 845-026-0220: (a) The definitions in OAR 845-026-0100 apply unless otherwise specified. (b) “Medical marijuana item” is a marijuana item for sale or transfer to a patient or designated primary caregiver and includes medical grade cannabinoid products, cannabinoid concentrates and cannabinoid extracts. (c) “Retail adult use marijuana item” is a marijuana item for sale to a consumer. Statutory/Other Authority: ORS 475C.017 & ORS 475C.620 Statutes/Other Implemented: ORS 475C.620 History: OLCC 7-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022
845-026-0210 Retail Marijuana Item Concentration and Serving Size Limits (1) The maximum concentration or amount of total delta-9-THC permitted in a container and the maximum concentration or amount of total delta-9-THC permitted in a serving of a retail adult use marijuana item is listed in Table 1, incorporated by reference. (2) A retail adult use marijuana item may not contain any artificially derived cannabinoids except as allowed by OAR 845-025-1310. (3) Cannabinoid edible serving size identification: (a) A retail adult use marijuana item that is a cannabinoid edible must be scored, except as provided in subsections (b) and (c) of this section. (b) If a retail adult use marijuana item is a cannabinoid edible that is not solid, or is incapable of being scored due to its texture or consistency, the cannabinoid edible must be: (A) Sold and packaged with a measuring device that measures single servings; or (B) Placed in packaging that clearly enables a consumer to determine when a single serving has been consumed. (c) If a retail adult use marijuana item is a cannabinoid edible that does not exceed 55 milligrams of total delta-9 THC in the package, the cannabinoid edible must be: (A) Scored; (B) Sold and packaged with a measuring device that measures single servings; or (C) Placed in packaging that clearly enables a consumer to determine when a single serving has been consumed. (4) Serving size is determined by the processor and must comply with applicable serving size limits. (5) A retail adult use marijuana item that does not fall within a category in Table 1 must meet the concentration and serving size limits applicable to a cannabinoid edible in Table 1. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 475C.017 & ORS 475C.620 Statutes/Other Implemented: ORS 475C.620 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 22-2022, minor correction filed 03/07/2022, effective 03/07/2022 OLCC 8-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022