justicedao/ipfs_state_laws huggingface dataset:
845-025-2080 Harvest Lot Segregation (1) A producer or grow site administrator, within 45 days of harvesting a harvest lot, must: (a) Physically segregate the harvest lot from other harvest lots; (b) Place the harvest lot in a receptacle or multiple receptacles; (c) Record moisture loss by marking the harvest as complete in CTS; and (d) Ensure all inventory tracking procedures are completed as required by 845-025-7520 to 845-025-7580. (2) Failure by a licensee to comply with any portion of section (1) of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017 & 475C.065 Statutes/Other Implemented: 475C.065 & ORS 475C.177 History: OLCC 76-2022, minor correction filed 03/24/2022, effective 03/24/2022 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
845-025-2090 Harvest Notification (1) Notice Requirement. A producer licensee must file a harvest notice before harvesting marijuana from any mature plant located in an outdoor canopy area. (2) Notices required under this rule must: (a) Be filed no later than 9 a.m. on the day of the harvest activity; (b) Identify the dates of the proposed harvest; and (c) Be filed in a form and manner prescribed by the Commission. (3) Alteration of Dates. If the harvest does not take place as described in the notice, a harvest notice may be rescinded or amended within 24 hours of the harvest date or dates identified in the harvest notice. (4) Tracking. Filing a harvest notice does not relieve the producer from recording harvest data and other information in CTS as required by these rules. (5) Violations. (a) Failure to file a harvest notice is a Category III violation. (b) Failure to properly amend a notice is a Category IV violation. Statutory/Other Authority: ORS 475C.157 & ORS 475C.628 Statutes/Other Implemented: ORS 475C.157 & ORS 475C.628 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 77-2022, minor correction filed 03/24/2022, effective 03/24/2022 OLCC 3-2021, amend filed 04/13/2021, effective 04/16/2021 OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018 OLCC 9-2018, minor correction filed 08/02/2018, effective 08/02/2018 OLCC 8-2018, adopt filed 07/30/2018, effective 08/01/2018
845-025-2110 Medical Marijuana Registrant CTS Registration A grow site administrator approved by the Authority for a grow site that is subject to tracking under OAR 333, Division 8 and a processing site or dispensary registered with the Authority under 475C.815 or 475C.833 must: (1) Activate the assigned CTS account within 10 calendar days of notification; and (2) Use CTS to track inventory as required by these rules. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.871 History: OLCC 79-2022, minor correction filed 03/24/2022, effective 03/24/2022 OLCC 11-2018, amend filed 09/21/2018, effective 09/28/2018 OLCC 3-2018, temporary amend filed 03/28/2018, effective 04/01/2018 through 09/27/2018 OLCC 15-2017, adopt filed 12/22/2017, effective 12/28/2017
845-025-2140 Registrant to Patient Transfers A medical grow site registered with the Commission must follow all applicable requirements of OAR 845-025-7700 for transfers to patients or designated primary caregivers. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.871 History: OLCC 82-2022, minor correction filed 03/24/2022, effective 03/24/2022 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 OLCC 15-2017, adopt filed 12/22/2017, effective 12/28/2017
845-025-2150 Medical Marijuana Inspections and Compliance (1) An Authority registrant that is subject to tracking in CTS, under OAR 333, Division 8 must permit Commission staff to conduct inspections of the registered premises. (2) The Commission will refer all compliance issues concerning registrants to the Authority who will determine, in its discretion and under its rules whether enforcement action should be taken. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.301 History: OLCC 83-2022, minor correction filed 03/24/2022, effective 03/24/2022 OLCC 15-2017, adopt filed 12/22/2017, effective 12/28/2017
845-025-2560 Cancellation of Registration; Violations (1) In addition to taking action against the producer’s license, the Commission may cancel or suspend a licensed producer’s registration to produce marijuana plants on a medically designated grow canopy if the producer violates these rules. (2) The Commission may revoke a registration to produce marijuana for patients for any of the reasons that it may deny a registration under OAR 845-025-2500. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 475C.137 History: OLCC 86-2022, minor correction filed 03/24/2022, effective 03/24/2022 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017 Suspended by OLCC 11-2017(Temp), f. & cert. ef. 8-1-17 thru 12-27-17 OLCC 4-2017, f. 4-28-17, cert. ef. 5-1-17
845-025-2705 Industrial Hemp Handler Certificate Application; Denial; Revocation (1) Hemp handlers may apply for an industrial hemp certificate to transfer industrial hemp or hemp items to a processor licensed under ORS 475C.085, a wholesaler licensed under ORS 475C.093, or a retailer licensed under ORS 475C.097. (2) The application must: (a) Include proof of licensure under ORS 571.281; (b) Include the certificate and application fees specified in OAR 845-025-1060; (c) Identify the licensed Oregon Department of Agriculture location from which the industrial hemp or hemp items will be transferred from for transport to a Commission licensee; and (d) Include any other information identified in the application form. (3) Incomplete Applications. (a) The Commission must review an application to determine if it is complete. An application may be considered incomplete if an application form is not complete, the full application and certificate fee has not been paid, or some or all of the additional information required under these rules is not submitted. (b) An applicant may submit a written request for reconsideration of a decision that an application is incomplete. Such a request must be received by the Commission within 10 days of the date the incomplete notice was mailed to the applicant. The Commission shall give the applicants the opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS 183.310 to 183.550. (4) Denial. (a) The Commission may deny any application under this rule if: (A) The application does not meet the requirements of section (2) of this rule; (B) The applicant submits false or misleading information; or (C) The Commission has reasonable cause to believe that the applicant does not have a good record of compliance with ORS 475C.005 to 475C.525 or applicable rules adopted thereunder, or with ORS 571.260 to ORS 571.348 or applicable rules adopted thereunder prior to or after certification. (b) If the Commission denies an application, it shall issue a notice of denial in accordance with ORS 183. The applicant has the right to a hearing in accordance with ORS 183. (5) Revocation. (a) The Commission shall revoke any industrial hemp handler certificate if the holder no longer holds a valid industrial hemp handler license issued under ORS 571.281. (b) The Commission may revoke any industrial hemp certificate if: (A) The holder violates a provision of ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.644 or Commission rules adopted thereunder; (B) The holder violates a provision of ORS 571.260 to ORS 571.348 or a rule adopted thereunder; or (C) The holder submits false or misleading information to the Commission. (c) If the Commission revokes a certificate, the holder has a right to a hearing in accordance with ORS 183. Statutory/Other Authority: ORS 475C.017 Statutes/Other Implemented: ORS 571.336 & 571.337 History: OLCC 88-2022, minor correction filed 03/24/2022, effective 03/24/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 3-2019, adopt filed 02/25/2019, effective 03/01/2019
845-025-2755 Industrial Hemp Handler Certificate Privileges; Prohibitions (1) A Commission-certified hemp handler may deliver industrial hemp or hemp items to a processor, wholesaler, or retailer that holds a license issued under ORS 475C.085, 475C.093, or 475C.097 in accordance with this rule. (2) If transferring, selling, or transporting to a Commission licensee, a Commission-certified hemp handler may only: (a) Transfer, sell, or transport harvested industrial hemp or hemp items to a processor licensed under ORS 475C.085 that holds an industrial hemp endorsement; (b) Transfer, sell, or transport harvested industrial hemp or hemp items to a wholesaler licensed under ORS 475C.093; or (c) Transfer, sell, or transport hemp items to a retailer licensed under ORS 475C.097. (3) When transferring, selling, or transporting pursuant to section (2) of this rule a Commission-certified hemp handler: (a) May only transfer, sell, or transport harvested industrial hemp and hemp items that: (A) Have been tested in accordance with OAR 845-025-5800 to 845-025-5850; and (B) Otherwise complies with the requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.644, and Commission rules. (b) May only transfer harvested industrial hemp or hemp items from the location identified in the application under OAR 845-025-2705(2)(c), and only if the Commission-certified hemp handler holds an active hemp handler license issued under ORS 571.281 at that location. (c) Must: (A) Hold a valid industrial hemp handler certificate issued by the Commission. (B) Provide the licensee a copy of any test result conducted on the industrial hemp or hemp items. Test results include, but are not limited to, any pre-harvest test result conducted under OAR 603-048-0600 and any results from research and development testing. (C) Comply with CTS requirements in accordance with OAR 845-025-2775. (D) Transport industrial hemp or hemp items in compliance with the requirements for a licensee transporting marijuana items under OAR 845-025-7700(2), (3)(b), and (8). (d) May not transfer to a licensee: (A) Any industrial hemp that has failed the testing described in OAR 603-048-0600 to 603-048-0650; (B) Any batch of harvested industrial hemp or hemp item that has failed a test described in OAR 845-025-5800 to 845-025-5850; (C) Any hemp item containing artificially derived cannabinoids except items the licensee may receive as allowed under OAR 845-025-1310. (D) Any living industrial hemp plants; (E) Industrial hemp seed; or (F) Any inhalable cannabinoid product that a licensee is prohibited from receiving under OAR 845-025-8520. Statutory/Other Authority: ORS 475C.017, ORS 571.336 & 571.337 Statutes/Other Implemented: ORS 571.336 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 90-2022, minor correction filed 03/24/2022, effective 03/24/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 24-2020, amend filed 12/21/2020, effective 12/22/2020 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 OLCC 5-2019, adopt filed 03/11/2019, effective 03/11/2019
845-025-2760 THC Concentration Limits for Industrial Hemp and Hemp Items (1) This rule applies to: (a) Commission-certified hemp growers and Commission-certified hemp handlers transferring industrial hemp or hemp items to licensees; (b) Licensees receiving industrial hemp or industrial hemp items from licensees, Commission-certified hemp growers, or Commission-certified hemp handlers; and (c) Retailers selling, transferring, or delivering hemp items to a consumer, patient, or primary caregiver in accordance with OAR 845-025-2800. (2) For the purposes of this rule: (a) “Container” has the meaning given that term in OAR 845-025-7000. (b) “Serving” has the meaning given that term in OAR 845-025-7000. (3) Concentration, serving size, and container limits as shown in Table 1, incorporated by reference. (a) Harvested industrial hemp or a hemp item must be tested by a laboratory using a method with a LOQ capable of detecting whether a sample exceeds any applicable concentration, serving size, or container limit separately for delta-9-THC and for the total THC equivalent of delta-9-THCA. (b) Harvested industrial hemp may not exceed a concentration of one percent total THC. (c) A hemp item other than a hemp concentrate, extract, or topical as defined in OAR 603-048-2310 may not exceed a concentration of one percent total THC. (d) A hemp concentrate or extract as defined in OAR 603-048-2310 may not exceed a concentration of five percent total THC. (e) A hemp topical as defined in OAR 603-048-2310 may not exceed 0.3 percent total THC. (f) A hemp item other than usable hemp or a hemp concentrate, extract, topical, or tincture may not exceed 20 milligrams total THC in a container. A hemp concentrate, extract, or tincture may not exceed 100 milligrams total THC in a container. (g) A hemp item other than a hemp tincture that is intended for human consumption may not exceed two milligrams total THC per serving. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 475C.017 & 571.337 Statutes/Other Implemented: ORS 571.336 & 571.337 History: OLCC 91-2022, minor correction filed 03/24/2022, effective 03/24/2022 OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022 OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020 OLCC 3-2019, adopt filed 02/25/2019, effective 03/01/2019
845-025-2820 Retailer Operational Requirements (1) Prior to completing the sale of a marijuana item to a consumer, a retailer must verify that the consumer has a valid, unexpired government-issued photo identification and must verify that the consumer is 21 years of age or older by viewing the consumer’s: (a) Passport; (b) Driver license, whether issued by the State of Oregon or by another state of the United States. (c) Identification card issued under ORS 807.400; (d) United States military identification card; (e) Any other identification card issued by a state or territory that bears a picture of the person, the name of the person, the person’s date of birth, and a physical description of the person; or (f) An identification card issued by a federally recognized Indian tribe with photo, name, and date of birth. (2) Marijuana items offered for sale by a retailer must be stored in such a manner that the items are only accessible to authorized representatives until such time as the final sale to the consumer is completed. (3) Violations. A violation of this rule is a Category III violation. Statutory/Other Authority: ORS 475C.017 & 475C.097 Statutes/Other Implemented: ORS 475C.029 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 95-2022, minor correction filed 03/24/2022, effective 03/24/2022 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
845-025-2840 Retailer Premises (1) The licensed premises of a retailer: (a) May not be located in an area that is zoned exclusively for residential use. (b) Notwithstanding ORS 475C.097(2)(d), may be located within 1,000 feet of a school if the criteria in ORS 475C.101 are met. (c) Must be enclosed on all sides by permanent walls and doors. (2) A retailer must post in a prominent place signs that read: (a) “No Minors Permitted Anywhere on the Premises”; (b) “No On-Site Consumption”; (c) “Security Cameras in Use”; and (d) Exit from the licensed premises that reads: “Marijuana or Marijuana Infused Products May Not Be Consumed in Public.” (3) Consumer sales area. (a) A retailer must designate any portion of the licensed premises where consumers are permitted as a consumer sales area. (b) The consumer sales area shall include the portion of the premises where marijuana items are displayed for sale or sold and may include other contiguous areas such as a lobby. The consumer sales area is the sole area of the licensed premises where consumers are permitted except as otherwise allowed by these rules. (c) A retailer that does not allow the general public to enter the licensed premises is not required to designate a consumer sales area. (4) All inventory must be stored on the licensed premises. (5) For purposes of determining the distance between a retailer and a school as referenced in subsection (1)(b) of this rule, “within 1,000 feet” means a straight line measurement in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising a school to the closest point of the licensed premises of a retailer. If any portion of the licensed premises is within 1,000 feet of a school as described subsection (1)(b) of this rule an applicant will not be licensed. (6) Violations. (a) A violation of section (2) or (3) of this rule is a Category III violation. (b) A violation of section (4) of this rule is a Category I violation. Statutory/Other Authority: ORS 475C.017 & ORS 475C.097 Statutes/Other Implemented: ORS 475C.097, 475C.101 & 475C.205 History: OLCC 6-2025, amend filed 11/20/2025, effective 01/01/2026 OLCC 12-2024, amend filed 12/20/2024, effective 01/01/2025 OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 96-2022, minor correction filed 03/24/2022, effective 03/24/2022 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
845-025-2860 Marijuana Retailers — Consumer Health and Safety Information A retailer must: (1) Post at a conspicuous location the following posters prescribed by the Commission, measuring 22 inches high by 17 inches wide that can be downloaded at www.oregon.gov/olcc/marijuana: (a) A Pregnancy Warning Poster; and (b) A Poisoning Prevention Poster. (2) Post at a conspicuous location a color copy of the “Educate Before You Recreate” flyer measuring 22 inches high by 17 inches wide that can be downloaded at WHATSLEGALOREGON.COM. (3) Distribute to each individual at the time of sale, a Marijuana Information Card, prescribed by the Commission, measuring 3.5 inches high by 5 inches long that can be downloaded at www.oregon.gov/olcc/marijuana. (4) Violations. A violation of this rule is a Category V violation. Statutory/Other Authority: ORS 475C.017 & 475C.097 Statutes/Other Implemented: ORS 475C.017 & 475C.097 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 97-2022, 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
845-025-2885 On-Site Delivery of Marijuana by Retailer (1) Notwithstanding OAR 845-025-2880, a retailer may deliver a bona fide order to an individual who is on-site but outside of the store, such as to the retailer’s parking lot or the front entrance. (2) “On-site” means an area within 150 feet of the boundary of the retail licensee’s licensed premises. (3) Bona Fide Orders for On-Site Delivery. (a) A bona fide order must be received by a retailer from the individual requesting delivery. (b) The bona fide order must contain: (A) The individual requestor’s name, date of birth, and the date delivery is requested; and (B) A document that describes the marijuana items proposed for delivery and the amounts. (4) On-Site Delivery Requirements. (a) A retailer may only make an on-site delivery during regular business hours and between the hours of 7 a.m. and 10 p.m. local time. (b) Delivery may only occur within 150 feet of the boundary of the licensee’s premises. (c) At the time of on-site delivery, the licensee or licensee representative delivering marijuana items to the customer must check the identification of the individual to whom delivery is being made in compliance with OAR 845-025-2820 in order to determine that the identification matches the individual who submitted the bona fide order. This includes, but is not limited to, ensuring that the individual: (A) Is 21 years of age or older; or (B) If the individual is 18 to 20 years of age, is a current registry identification cardholder. (d) A retailer may not allow a marijuana item or hemp item to be purchased by, given to, or made available to an individual who is visibly intoxicated at the time of pick-up. (e) A retailer may not deliver marijuana items to a vehicle if a minor is present in the vehicle unless the minor is: (A) A registry identification cardholder 18 years of age or older; or (B) Accompanied by a parent or guardian who is 21 years of age or older or a registry identification cardholder 18 years of age or older. (f) Marijuana items being delivered to an individual must comply with the packaging and labeling rules in OAR 845-025-7000 to 845-025-7190. (g) A retailer licensee or licensee representative must accurately record all on-site delivery sales in CTS in the same manner as a non-delivery sales transaction pursuant to OAR 845-025-7580(6). (5) A licensee or licensee representative may not allow on-site delivery to occur on any federal public land within 150 feet of the licensed premises. Retailers should comply with any time, place, and manner ordinances imposed by a local government. (6) A violation of any section of this rule that is not otherwise specified in OAR 845-025-8590 is a Category III violation. Statutory/Other Authority: ORS 475C.017, 475C.097 & ORS 475C.205 Statutes/Other Implemented: ORS 475C.205 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 99-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 19-2020, adopt filed 09/15/2020, effective 09/18/2020 OLCC 7-2020, temporary adopt filed 03/22/2020, effective 03/22/2020 through 09/17/2020
845-025-2890 Marijuana Retailers — Collection of Taxes (1) A retailer must collect, at the point of sale, the tax imposed on the consumer under ORS 475C.674 and remit the tax to the Oregon Department of Revenue in accordance with Department of Revenue rules. (2) A retailer may not collect a tax on: (a) Any medical sales to either Oregon Medical Marijuana Program patients or their designed primary caregivers; or (b) On sales of products other than marijuana items. (3) A violation of this rule is a Category III violation. (4) An intentional violation of this rule is a Category I violation. Statutory/Other Authority: ORS 475C.017 & 475C.205 Statutes/Other Implemented: 475C.205 History: OLCC 100-2022, 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
845-025-3200 Marijuana Processors — Definitions (1) “Cannabinoid topical” means a cannabinoid product intended to be applied to skin or hair. (2) “Food” means a raw, cooked, or processed edible substance, or ingredient used or intended for use or for sale in whole or in part for human consumption, chewing gum, and includes beverages. Statutory/Other Authority: ORS 475C.017 & ORS 475C.085 Statutes/Other Implemented: ORS 475C.085 History: OLCC 103-2022, 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