justicedao/ipfs_state_laws huggingface dataset:
845-025-1410 Security Requirements (1) A licensee is responsible for the security of all marijuana items on the licensed premises or in transit, including providing adequate safeguards against theft or diversion of marijuana items and records that are required to be kept. (2) The licensee must ensure that commercial grade, non-residential door locks are installed on every external door, and gate if applicable, of a licensed premises where marijuana items are present. (3) During all hours when the licensee is not operating a licensee must ensure that: (a) All points of ingress and egress from a licensed premises are securely locked and any keys or key codes to the enclosed area remain in the possession of the licensee, licensee representative, or authorized personnel; (b) All usable marijuana, cut and drying mature marijuana plants, cannabinoid concentrates, extracts, or products on the licensed premises of a licensee other than a retailer are kept in a locked, enclosed area within the licensed premises that is secured with at a minimum, a properly installed steel door with a steel frame, and a commercial grade, non-residential door lock; and (c) Except for immature marijuana plants, all marijuana items on a licensed retailer’s premises are kept in a locked, secured location or enclosure within any area such that marijuana items are not visible from any area outside the licensed premises. (4) A licensee must: (a) Have an electronic back-up system for all electronic records; and (b) Keep all video recordings and archived required records not stored electronically in a locked storage area. Current records may be kept in a locked cupboard or desk outside the locked storage area during hours when the licensed business is open. (5) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 58-2022, minor correction filed 03/23/2022, effective 03/23/2022 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 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
845-025-1420 Alarm System (1) A licensed premises must have a fully operational security alarm system, activated at all times when the licensed premises is closed for business. (2) The security alarm system for the licensed premises must: (a) Be able to detect unauthorized entry onto the licensed premises and unauthorized activity within any limited access area where mature marijuana plants, usable marijuana, cannabinoid concentrates, extracts, or products are present; (b) Be programmed to notify a the licensee, licensee representative, or authorized personnel in the event of an unauthorized entry; and (c) Have a mechanism to ensure that the licensee, licensee’s employees and authorized representatives can immediately notify law enforcement or a security company of any unauthorized entry. This subsection may be satisfied in one of the following ways: (A) Having at least two operational “panic buttons” located inside the licensed premises that are linked with the alarm system that immediately notifies a security company or law enforcement; or (B) Having operational “panic buttons” physically carried by all licensee representatives present on the licensed premises that are linked with the alarm system that immediately notifies a security company or law enforcement; or (C) Having a landline telephone present in all limited access areas that is capable of immediately calling a security company or law enforcement. (3) A licensee that has at least one authorized representative physically present on the licensed premises at all times when it is closed for business is not required to comply with section (1) and subsections (2)(a) and (2)(b) of this rule. (4) Upon request, licensees shall make all information related to security alarm systems, monitoring and alarm activity available to the Commission. (5) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 59-2022, minor correction filed 03/23/2022, effective 03/23/2022 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
845-025-1430 Video Surveillance Equipment (1) A licensed premises must have a fully operational video surveillance recording system. (2) Video surveillance equipment must, at a minimum: (a) Consist of: (A) Digital or network video recorders; (B) Cameras capable of meeting the requirements of OAR 845-025-1450 and this rule; (C) Video monitors; (D) Digital archiving devices; (E) A minimum of one monitor on premises capable of viewing video; and (F) Interface devices, if required to adequately operate system or machinery such as a mouse and keyboard. (b) Have the capability of producing and printing a still photograph from any camera image; (c) Be equipped with a failure notification system that provides, within one hour, notification to an authorized representative of any prolonged surveillance interruption or failure; and (d) Have sufficient battery backup to support a minimum of one hour of recording time in the event of a power outage. (3) Except for mounted cameras and monitors, all video surveillance equipment and recordings must be stored in a locked secure area that is accessible only to authorized personnel, Commission employees and contractors, and other state or local government officials that have jurisdiction over some aspect of the licensed premises or licensee. (4) Violations. A violation of this rule is a Category III violation. If a violation of this rule that is repeated within a two year period is a Category II violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 60-2022, minor correction filed 03/23/2022, effective 03/23/2022 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 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
845-025-1440 Required Camera Coverage and Camera Placement (1) A licensed premises must have camera coverage, as applicable, for: (a) All points of ingress and egress to and from the licensed premises; (b) All limited access areas as that term is defined in OAR 845-025-1015; (c) All consumer sales areas; (d) All points of ingress and egress to or from limited access areas; (e) The surveillance room or surveillance area as defined in OAR 845-025-1460(1)(a) and (b); (f) Any other area that the Commission believes presents a public safety risk based on the overall operation and characteristics of the licensed premises; and (g) All areas where marijuana waste is required to be stored, destroyed or rendered unusable as required by OAR 845-025-7750. (2) A licensee must ensure that cameras are placed so that they capture clear and certain images of any individual and activity occurring: (a) Within 15 feet both inside and outside of all points of ingress and egress to and from the licensed premises; and (b) In all locations within limited access areas, and consumer sales areas on the licensed premises. (3) Failure to comply with subsection (1)(a) through (f) of this rule is a Category II violation. An intentional violation is a Category I violation. (4) Failure to comply with subsection (1)(g), (2)(a) or (2)(b) of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 History: OLCC 61-2022, minor correction filed 03/23/2022, effective 03/23/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 3-2021, amend filed 04/13/2021, effective 04/16/2021 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 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
845-025-1460 Location and Maintenance of Surveillance Equipment (1) A licensee must: (a) Have the surveillance room or surveillance area in a limited access area; and (b) Have the surveillance recording equipment housed in a designated, locked, and secured room or other enclosure with access limited to: (A) The licensee, licensee representatives, and authorized personnel; (B) Employees of the Commission; (C) State or local law enforcement agencies for a purpose authorized under ORS chapter 475C, these rules, or for any other state or local law enforcement purpose; and (D) Service personnel or contractors. (2) Off-site storage must be secure and the recordings must be kept in a format approved by the Commission that can be easily accessed for viewing and easily reproduced. (3) A licensee must keep a current list of all authorized employees and service personnel who have access to the surveillance system and room on the licensed premises. (4) Licensees must keep a surveillance equipment maintenance activity log on the licensed premises to record all service activity including the identity of any individual performing the service, the service date and time and the reason for service to the surveillance system. (5) Off-site monitoring of the licensed premises by a licensee or an independent third-party is authorized as long as standards exercised at the remote location meet or exceed all standards for on-site monitoring. (6) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 63-2022, minor correction filed 03/23/2022, effective 03/23/2022 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
845-025-1470 Producer Security Requirements (1) A producer must effectively prevent public access to all areas of the licensed premises used in the production of marijuana. In addition to the security requirements in OAR 845-025-1400 to 845-025-1460, a producer’s approved security plan as described in OAR 845-025-1400 must include a method to prevent public access to all areas of the licensed premises used in the production of marijuana. (2) If a producer chooses to dispose of marijuana items by any method of composting, as described in OAR 845-025-7750, the producer must prevent public access to the composting area. (3) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017 & 475C.065 Statutes/Other Implemented: ORS 475C.017 & 475C.065 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 64-2022, minor correction filed 03/23/2022, effective 03/23/2022 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
845-025-1600 State and Local Safety Inspections (1) All marijuana licensees may be subject to inspection of licensed premises by state or local government officials to determine compliance with state or local health and safety laws. (2) A licensee must contact any utility provider to ensure that the licensee complies with any local ordinance or utility requirements such as water use, discharge into the sewer system, or electrical use. (3) Violations. Failure to comply with state and local safety inspection requirements described in this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 65-2022, minor correction filed 03/23/2022, effective 03/23/2022 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
845-025-1620 General Sanitary Requirements (1) A marijuana licensee must: (a) Prohibit an individual from working on a licensed premises, until the condition is corrected, who has or appears to have: (A) An open or draining skin lesion unless the individual wears an absorbent dressing and protective gloves; or (B) Any illness accompanied by diarrhea or vomiting if the individual has a reasonable possibility of contact with marijuana items on the licensed premises. (b) Require all persons who work in direct contact with marijuana items conform to hygienic practices while on duty, including but not limited to: (A) Maintaining adequate personal cleanliness; and (B) Washing hands thoroughly in an adequate hand-washing area before starting work, prior to having contact with a marijuana item, and at any other time when the hands may have become soiled or contaminated. (c) Provide hand-washing facilities adequate and convenient, furnished with running water at a suitable temperature and provided with effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying device. (d) Properly remove all litter and waste from the licensed premises and maintain the operating systems for waste disposal in an adequate manner so that they do not constitute a source of contamination in areas where marijuana items are exposed. (e) Provide employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair. (f) Hold marijuana items that can support pathogenic microorganism growth or toxic formation in a manner that prevents the growth of these pathogenic microorganism or formation toxins. (2) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097 Statutes/Other Implemented: ORS 475C.245 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 66-2022, minor correction filed 03/23/2022, effective 03/23/2022 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
845-025-2000 Canopy Definitions As used in OAR 845-025-2000 to 845-025-2080: (1) “Mature Canopy” means the surface area which may be utilized to produce mature marijuana plants calculated in square feet and measured using the outside boundaries of any area that includes mature marijuana plants including all of the space within the boundaries. Both immature and mature marijuana plants may be cultivated in this space. (2) “Indoor production” means producing marijuana in any manner: (a) Utilizing artificial lighting on mature marijuana plants; or (b) Other than “outdoor production” as that is defined in this rule. (3) “Outdoor production” means producing mature marijuana plants: (a) In an expanse of open or cleared ground; or (b) In a greenhouse, hoop house or similar non-rigid structure that does not utilize any artificial lighting on mature marijuana plants, including but not limited to electrical lighting sources. (4) “Immature Canopy” means the area used exclusively to propagate immature marijuana plants calculated in square feet and measured using the outside boundaries of the footprint that includes immature marijuana plants including all of the space within the boundaries. Statutory/Other Authority: ORS 475C.017, 475C.065 & 475C.077 Statutes/Other Implemented: ORS 475C.017, 475C.065 & 475C.077 History: OLCC 67-2022, minor correction filed 03/23/2022, effective 03/23/2022 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 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
845-025-2025 Micro Tier Processing Privileges; Prohibitions (1) In addition to the privileges in OAR 845-025-2020, Micro Tier I and Micro Tier II producer licensee may process marijuana concentrates, as long as: (a) The process involves separating cannabinoids from marijuana by: (A) A mechanical process; or (B) An extraction process using water as the solvent. (b) The producer applies for a concentrate endorsement. (c) The producer only sells or transports marijuana concentrates to the licensed premises of a processor, wholesaler, retailer, or research certificate holder. (d) Follows all the provisions relating to the processing of concentrates set forth within OAR 845-025-3210, 845-025-3220, 845-025-3230, 845-025-3240, 845-025-3250, 845-025-3290, and 845-025-7575. (e) If using water or ice in processing, the producer uses only potable water and ice made from potable water. (f) If using dry ice, the producer uses or stores the dry ice in a well-ventilated room to prevent against the accumulation of dangerous levels of carbon dioxide. (g) If making a concentrate intended to be used in a cannabinoid edible, the producer follows all provisions set forth within OAR 845-025-3250. (2) In addition to the prohibitions in OAR 845-025-2020, a micro producer may not: (a) Make cannabinoid extracts; or (b) Make a concentrate using steam. (3) Concentrate Endorsement. (a) In order to apply for an endorsement, a micro producer applicant or micro producer licensee must submit a form prescribed by the Commission that includes: (A) A description of the process the micro producer intends to implement to process marijuana into a concentrate; and (B) A description of equipment to be used. (b) In order to be eligible for a concentrate endorsement, a micro producer applicant or micro producer licensee must submit a land use compatibility statement showing that processing concentrates is not a prohibited use. (c) The Commission may deny a producer’s request for an endorsement under this rule if the producer does not meet the applicable requirements for the concentrate endorsement. If the Commission denies approval the producer has a right to a hearing under the procedures of ORS chapter 183. (4) A producer who processes cannabinoid concentrates under this rule is not a marijuana processor for the purposes of OAR 845-025-3215. (5) Violations. A violation of this rule is a Category I violation. Statutory/Other Authority: ORS 475C.065 & ORS 475C.089 Statutes/Other Implemented: ORS 475C.089 & 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 69-2022, minor correction filed 03/24/2022, effective 03/24/2022 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 15-2017, adopt filed 12/22/2017, effective 12/28/2017
845-025-2030 Licensed Premises of Producer (1) The licensed premises of a producer includes all public and private areas used in the business operated at the location. (2) A producer may not engage in any privileges of the license within a residence. This includes adding a residence within the licensed area after licensure. (3) Violations. A producer engaging in license privileges within a residence is a Category I violation. Statutory/Other Authority: ORS 475C.017 & 475C.065 Statutes/Other Implemented: 475C.065 & ORS 475C.009 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 70-2022, minor correction filed 03/24/2022, effective 03/24/2022 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
845-025-2045 Propagation Endorsement (1) A producer licensee may apply for a propagation endorsement in order to grow additional immature marijuana plant canopy as defined by these rules. (2) Application. A producer applying for an endorsement under this rule must attest that additional immature marijuana plant canopy is required for the production of immature plants for sale to other licensees. (3) Denial and Revocation. The Commission may deny a producer’s request for an endorsement or revoke the endorsement. If the Commission denies or revokes the endorsement, the producer has a right to a hearing under the procedures of ORS chapter 183. Statutory/Other Authority: ORS 475C.017 & ORS 475C.077 Statutes/Other Implemented: ORS 475C.077 History: OLCC 72-2022, minor correction filed 03/24/2022, effective 03/24/2022 OLCC 2-2021, amend filed 04/09/2021, effective 04/13/2021 OLCC 22-2020, temporary amend filed 10/15/2020, effective 10/15/2020 through 04/12/2021 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 15-2017, adopt filed 12/22/2017, effective 12/28/2017
845-025-2050 Recreational Marijuana Producers — Operating Procedures (1) A producer must: (a) Establish written standard operating procedures for the production of marijuana. The standard operating procedures must, at a minimum, include when, and the manner in which, all pesticides or other chemicals are to be applied during the production process; and (b) Maintain a copy of all standard operating procedures on the licensed premises. (2) If a producer makes a material change to its standard operating procedures it must document the change and revise its standard operating procedures accordingly. Records detailing the material change must be maintained on the licensed premises by the producer. (3) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017 & ORS 475C.065 Statutes/Other Implemented: ORS 475C.065 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 73-2022, minor correction filed 03/24/2022, effective 03/24/2022 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
845-025-2060 Recreational Marijuana Producers — Start-up Inventory (1) Marijuana producers may not receive immature marijuana plants or seeds from any source other than from another licensee, except: (a) A marijuana producer that submitted an application on or before July 1, 2018 may receive immature marijuana plants and seeds from any source within Oregon for up to 90 days following initial licensure by the Commission; (b) Pursuant to the transfer of medical marijuana inventory under OAR 845-025-2100. (2) The marijuana producer shall, through CTS, report receipt of the number of immature marijuana plants or seeds received under this section within 24 hours of the plants or seeds arriving at the licensed premises. A producer does not have to document the source of the immature plants or seeds during the 90 day start-up period. (3) The requirements in section (2) of this rule do not apply during the first ten calendar days of licensure so long as the licensee has ordered UID tags and the UID tags are in transit to the licensee. (4) Failure to comply with this rule is a Category I violation and could result in license revocation. Statutory/Other Authority: ORS 475C.017 & ORS 475C.065 Statutes/Other Implemented: ORS 475C.017 & ORS 475C.065 History: OLCC 74-2022, minor correction filed 03/24/2022, effective 03/24/2022 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 OLCC 5-2018, temporary amend filed 04/26/2018, effective 05/01/2018 through 10/26/2018 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