justicedao/ipfs_state_laws huggingface dataset:
333-008-1660 Medical Marijuana Processors: Processing Site Pre-Approval Inspection; Approval of Application (1) The Authority must perform a site visit within 30 days of receiving a timely Readiness Form, as that is described in OAR 333-008-1650 to determine whether the applicant and processing site are in compliance with these rules. (2) If, after the site visit the Authority determines that the applicant and processing site are in compliance with these rules the Authority must provide the primary PRP with proof of registration that includes a unique registration number, and notify the primary PRP in writing that the processing site may operate, and issue any applicable endorsements. (3) If, after the site visit the Authority determines that the processing site is not in compliance with these rules the Authority may: (a) Give the applicant 10 business days to come into compliance; (b) Propose to deny the application in accordance with OAR 333-008-1670; or (c) Consider the application to be incomplete. (4) A processing site must at all times display proof of registration in a prominent place inside the processing site so that proof of registration is easily visible to individuals authorized to be on the premises of the processing site. (5) A registered processing site may not use the Authority or the OMMP name or logo except to the extent that information is contained on the proof of registration on any signs at the processing site, on its website, or in any advertising or social media. (6) A processing site’s registration: (a) Is only valid for the location indicated on the proof of registration. (b) May not be transferred to another location. Statutory/Other Authority: ORS 475C.815 Statutes/Other Implemented: ORS 475C.815 History: PH 119-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 215-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 166-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1670 Medical Marijuana Processors: Denial of Processing Site Application (1) The Authority must deny an application for the registration of a processing site if: (a) An application, supporting documentation provided by the applicant, or other information obtained by the Authority shows that the qualifications for a processing site in ORS 475C.815 or these rules have not been met; or (b) An individual named in an application has been: (A) Convicted for the manufacture or delivery of a controlled substance in Schedule I or Schedule II within two years from the date the application was received by the Authority; or (B) Convicted more than once for the manufacture or delivery of a controlled substance in Schedule I or Schedule II; or (c) The city or county in which the facility is located has prohibited processing sites in accordance with ORS 475C.950. (2) The Authority may deny an applicant if it determines that the applicant, the owner of the processing site, a PRP, or an employee of the processing site: (a) Submitted false or misleading information to the Authority; or (b) Violated a provision of ORS 475C.770 to 475.949, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7, these rules or an ordinance adopted pursuant to ORS 475C.897. (3) If an individual named in an application is not qualified based on age, or the criminal background check, the Authority will permit a change form to be submitted in accordance with OAR 333-008-1720 or 333-008-2030, along with the applicable criminal background check fee. If the individual named in the change form is not qualified the Authority must deny the application in accordance with section (1) of this rule. (4) If the Authority intends to deny an application for registration it must issue a Notice of Proposed Denial in accordance with ORS 183.411 through 183.470. Statutory/Other Authority: ORS 475C.815 Statutes/Other Implemented: ORS 475C.815 History: PH 120-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 216-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 167-2018, 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
333-008-1680 Medical Marijuana Processors: Withdrawal of Processing Site Application An applicant for a processing site registration may withdraw an initial or renewal application at any time prior to the Authority acting on the application unless the Authority has determined that the applicant submitted false or misleading information or there is a pending investigation or enforcement action in which case the Authority may refuse to accept the withdrawal and may issue a notice of proposed denial in accordance with OAR 333-008-1670. Statutory/Other Authority: ORS 475C.815 Statutes/Other Implemented: ORS 475C.815 History: PH 121-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 217-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 168-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1690 Medical Marijuana Processors: Expiration and Renewal of Registration for Processing Site (1) A processing site’s registration expires one year following the date of application approval. (2) A processing site registrant must submit not more than 90 but at least 30 calendar days before the registration expires: (a) A renewal application on a form prescribed by the Authority; (b) Renewal fee and CTS user fee, if due at time of renewal; (c) For each individual named in the renewal application: (A) A legible copy of the individual’s valid government issued photographic identification that includes last name, first name and date of birth; (B) Information, fingerprints and fees required for a criminal background check in accordance with OAR 333-008-2020; and (C) An Individual History Form and any information identified in the form that is required to be submitted; and (d) Current proof of business registration with the Secretary of State, including all DBA (doing business as) registrations. (3) A processing site registrant who files a completed renewal application, fees, and all the information required in section (2) of this rule with the Authority prior to the expiration date of the registration may continue to operate, even after the registration expiration date, pending a decision on the renewal application by the Authority. (4) A processing site registrant that does not submit a timely application, fees and all the information required in section (2) of this rule may be denied or subject to the imposition of civil penalties. (5) The Authority may notify a processing site registrant who, prior to the registration’s expiration, submits an incomplete application and may give the registrant 10 calendar days to submit the missing information. The Authority may deny the renewal application of a registrant who fails to comply with this section. (6) Renewals will be processed in accordance with OAR 333-008-1650 to 333-008-1670, as applicable. (7) A renewal applicant may be required to submit a Readiness Form, as described in OAR 333-008-1650(9) and may be subject to inspection prior to the Authority acting on a renewal application. (8) For purposes of this rule, a renewal application is considered complete when the Authority receives the completed application form, fees and information required in section (2) of this rule. (9) The Authority may not renew the registration of a processing site if the registrant is not complying with the CTS tracking requirements in OAR 333-008-1825 and OAR chapter 845, division 25, applicable to processing sites. Statutory/Other Authority: ORS 475C.815 Statutes/Other Implemented: ORS 475C.815 History: PH 122-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 248-2018, amend filed 08/17/2018, effective 08/17/2018 PH 218-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 169-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1700 Medical Marijuana Processors: Processing Site Endorsements (1) A marijuana processor may only process and transfer medical cannabinoid products, concentrates or extracts if the processor has received an endorsement from the Authority for that type of processing activity. Endorsements types are: (a) Cannabinoid edible processor; (b) Cannabinoid topical processor; (c) Cannabinoid concentrate processor; (d) Cannabinoid extract processor; and (e) Cannabinoid tincture, capsule, suppository, or transdermal patch processor. (2) An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time following registration. (3) In order to apply for an endorsement an applicant or processing site registrant must submit a form prescribed by the Authority that includes a description of the type of products to be processed, a description of equipment to be used, and any solvents, gases, chemicals or other compounds proposed to be used to create extracts or concentrates. (4) Only one application and registration fee is required regardless of how many endorsements an applicant or registrant requests or at what time the request is made. (5) A processing site registrant may hold multiple endorsements. (6) For the purposes of endorsements any cannabinoid product that is intended to be consumed orally is considered a cannabinoid edible. (7) If a processor is no longer going to process the product for which the processor is endorsed the processor must notify the Authority in writing and provide the date on which the processing of that product will cease. Statutory/Other Authority: ORS 475C.815 & 475C.824 Statutes/Other Implemented: ORS 475C.815 & 475C.824 History: PH 123-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 219-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 170-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1710 Medical Marijuana Processors: PRP Criteria and Responsibilities (1) A PRP must: (a) Be 21 years or age or older; (b) Have legal authority to act on behalf of the registered processing site; and (c) Be responsible for ensuring the registered processing site complies with applicable laws. (2) A PRP may not: (a) Have been convicted in any state for the manufacture or delivery of a controlled substance in Schedule I or Schedule II within two years from the date of application; or (b) Have been convicted more than once in any state for the manufacture or delivery of a controlled substance in Schedule I or Schedule II. (3) At least one PRP must be on site at a processing site during Authority inspections or investigations at the time of the inspection or investigation or within one hour of being notified that an inspection or investigation is taking place. (4) A PRP is accountable for any intentional or unintentional action of a processing site representative, with or without the knowledge of the PRP, who violates ORS 475C.815 to 475C.824 or these rules, and is responsible for any unlawful conduct that occurs on the premises of the processing site or any property outside the registered processing site that is owned by or under the control of the processing site registrant. Statutory/Other Authority: ORS 475C.815 Statutes/Other Implemented: ORS 475C.815 History: PH 124-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 220-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 171-2018, 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
333-008-1720 Medical Marijuana Processors: Removal, Addition, Change, Designation or Assignment of PRP (1) If an owner of a registered processing site is adding or changing a PRP or primary PRP, an individual with legal authority to act on behalf of the registered processing site must submit: (a) A form, prescribed by the Authority; (b) A legible copy of the individual’s valid government issued photographic identification that includes last name, first name and date of birth; (c) Information and fingerprints required for a criminal background check in accordance with OAR 333-008-2020; and (d) A criminal background check fee of $35. (2) A PRP who is designating or assigning the responsibilities of a PRP to another individual must submit the information and fees required in section (1) of this rule. The duties of a primary PRP may not be designated or assigned. (3) The Authority will review and approve the addition or change of a PRP or primary PRP if the individual meets the requirements in OAR 333-008-1710. (4) The Authority will review and approve the designation or assignment of the responsibilities of a PRP to another individual if that individual meets the requirements in OAR 333-008-1710. An individual to whom a designation or assignment is made, and who is approved by the Authority, has the same legal obligations as a PRP. (5) An individual may not act in the capacity of a PRP without approval from the Authority. (6) If the Authority denies the request to add or change a PRP or primary PRP, or denies the request to designate or assign the responsibilities of a PRP to another individual, the Authority must notify the individual that submitted the request of the denial and the current primary PRP and describe the reason for the denial. (7) A registered processing site may not process marijuana or receive or transfer any marijuana items without at least one Authority approved PRP and a primary PRP. Statutory/Other Authority: ORS 475C.815 Statutes/Other Implemented: ORS 475C.815 History: PH 125-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 221-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 172-2018, 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
333-008-1750 Medical Marijuana Processors: Processor Training Requirements (1) In order to be registered and remain registered a processing site must have a comprehensive training program that includes, at a minimum, the following topics: (a) The standard operating policies and procedures. (b) The hazards presented by all solvents or other chemicals used in processing and on the registered premises as described in the material safety data sheet for each solvent or chemical. (c) Applicable Authority statutes and rules. (2) At the time of hire and prior to engaging in any processing, and once yearly thereafter, each employee involved in the processing of a medical cannabinoid product, concentrate or extract must be trained in accordance with the processing site’s training program. Statutory/Other Authority: ORS 475C.815 & 475C.824 Statutes/Other Implemented: ORS 475C.815 & 475C.824 History: PH 128-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 222-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 175-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1770 Medical Marijuana Processors: Transfers from a Registered Processing Site (1) A registered processing site must, in addition to the completing a Processing Site Authorization to Transfer form, prescribed by the Authority, document the following for transfers to a registered dispensary or registered processing site, on a form prescribed by the Authority: (a) The name, address, and registration number of the dispensary or processing site to which a medical cannabinoid product, concentrate or extract was transferred; (b) The amount of medical cannabinoid product, concentrate, or extract transferred; (c) The name of the medical cannabinoid product, concentrate, or extract transferred; (d) The process lot numbers associated with the transfer; (e) The date of the transfer; and (f) The amount of money paid by the registered dispensary or processing site for the transfer. (2) A registered processing site must document the following for the transfer of a medical cannabinoid product, concentrate or extract to a patient or designated primary caregiver pursuant to ORS 475C.827(1)(b) and (c): (a) The name and registration number or OMMP receipt number of the patient or designated primary caregiver to which a medical cannabinoid product, concentrate or extract was transferred; (b) If the medical cannabinoid product, concentrate or extract was transferred to a designated primary caregiver, the patient’s name and registration number for whom the caregiver was receiving the transfer; (c) The amount of medical cannabinoid product, concentrate, or extract transferred; (d) The name of the medical cannabinoid product, concentrate, or extract transferred; (e) The date of the transfer; and (f) The amount of money paid by the patient or designated primary caregiver for the transfer. (3) All documentation required in this rule must be maintained electronically in an integrated inventory tracking and point of sale system. Statutory/Other Authority: ORS 475C.815 Statutes/Other Implemented: ORS 475C.815 History: PH 130-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 177-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 33-2016, f. & cert. ef. 11-28-16 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1780 Medical Marijuana Processors: General Processing Site Health and Safety Requirements (1) A processing site must: (a) Use equipment, counters and surfaces for processing that are food-grade and do not react adversely with any solvent being used. (b) Have counters and surface areas that are constructed in a manner that reduce the potential for development of microbials, molds and fungi and that can be easily cleaned. (c) Maintain the processing site in a manner that is free from conditions which may result in contamination and that is suitable to facilitate safe and sanitary operations for product preparation purposes. (2) A processing site may not treat or otherwise adulterate a medical cannabinoid product, concentrate or extract with any additives that would increase potency, toxicity, or addictive potential, or that would create an unsafe combination with other psychoactive substances. Prohibited additives include but are not limited to nicotine, alcohol, caffeine, or chemicals that increase carcinogenicity. Statutory/Other Authority: ORS 475C.815 & 475C.824 Statutes/Other Implemented: ORS 475C.815 & 475C.824 History: PH 131-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 223-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 178-2018, 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
333-008-1785 Inhalable Cannabinoid Product Processing Site Requirements (1) A processing site may only use a non-cannabis additive in an inhalable cannabinoid product if the non-cannabis additive is accompanied by a list of ingredients from the manufacturer of the non-cannabis additive that: (a) In a header section, displays the name of the non-cannabis additive and the business name of the manufacturer of the non-cannabis additive; (b) In clear and legible font, includes a statement that the non-cannabis additive is for use in a product intended for human inhalation; (c) Accurately identifies all ingredients in the non-cannabis additive; and (d) For each ingredient of the non-cannabis additive, includes: (A) A Chemical Abstracts Service Reference Number that specifies the ingredient’s isomer and, if applicable, enantiomer; and (B) The ingredient’s concentration range within 20 percentage points. (2) A processing site may not use a non-cannabis additive in an inhalable cannabinoid product that contains any amount of: (a) Squalene; (b) Squalane; (c) Vitamin E Acetate; (d) Triglycerides, including but not limited to Medium-Chain Triglyceride (MCT) Oil; or (e) Propylene Glycol, unless the product is going to be delivered through a metered dose inhaler whose functionality does not require combustion or heated vaporization. (3) A processing site in possession of an inhalable cannabinoid product with non-cannabis additives must: (a) Record the item in CTS with the item category of "Inhalable Cannabinoid Product with Non-Cannabis Additives". (b) In the item’s ingredients section of CTS record: (A) The name of all non-cannabis additives used in the items; and (B) For each non-cannabis additive used, the business name of the manufacturer of the non-cannabis additive. (c) The ingredients recorded in CTS under subsection (3)(b) if this rule must match the information that is contained in the header section of the non-cannabis additive’s list of ingredients as required under subsection (1)(a) of this rule. (4) A processing site may not manufacture or process an inhalable cannabinoid product that does not meet the requirements of this rule. (5) A processing site may not possess, sell, deliver, transfer, transport, purchase, or receive an inhalable cannabinoid product that does not meet the requirements of this rule. Statutory/Other Authority: ORS 475C.815 & 475C.824 Statutes/Other Implemented: ORS 475C.815 & 475C.824 History: PH 132-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 79-2021, adopt filed 11/15/2021, effective 01/01/2022
333-008-1810 Medical Marijuana Processors: Cannabinoid Topical, Tincture, Capsule, Suppository or Transdermal Patch Processor (1) A processing site endorsed to make cannabinoid topicals, tinctures, capsules, suppositories or transdermal patches may not engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant or single-event temporary restaurant licensed under ORS chapter 624. (2) A registered processing site making cannabinoid capsules and tinctures may only process in a food establishment licensed by the Oregon Department of Agriculture (ODA) and must comply with the applicable provisions of OAR chapter 603, division 21, division 24, division 25, with the exception of OAR 603-025-0020(17), and division 28. Statutory/Other Authority: ORS 475C.815 & 475C.824 Statutes/Other Implemented: ORS 475C.815 & 475C.824 History: PH 135-2022, minor correction filed 06/09/2022, effective 06/09/2022 PH 226-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 181-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16