845-025-3500 Wholesale License Privileges; Prohibitions (1) A wholesale licensee may: (a) Sell, including sale by auction, transfer, deliver, or transport: (A) Any type of marijuana item or hemp item to a retailer, wholesaler, non-profit dispensary, or research certificate holder, except that whole, non-living marijuana plants may not be transferred to a retailer or to a non-profit dispensary; (B) Immature marijuana plants and seeds to a producer; (C) Usable marijuana to the producer licensee that the wholesale licensee has stored on the producer’s behalf; (D) Usable marijuana, cannabinoid extracts, and concentrates to a processor licensee; (E) Trade samples as allowed under OAR 845-025-1330; (F) Marijuana or hemp waste to a producer, processor, wholesaler, or research certificate holder; (G) Harvested industrial hemp to a wholesaler or to a processor with an industrial hemp endorsement; and (H) Industrial hemp items to a processor with an industrial hemp endorsement. (I) Inventory from a retailer as allowed by OAR 845-025-2800(5). (J) Inventory from a processor as allowed by OAR 845-025-3215(4). (b) Purchase, possess, or receive: (A) Any type of marijuana item or hemp item from a wholesaler; (B) Cannabinoid concentrates, extracts, and products from a processor with an endorsement to manufacture the type of product received; (C) Seeds, immature marijuana plants, usable marijuana, or kief from a producer; (D) Cannabinoid concentrates from a producer that holds a concentrate endorsement under OAR 845-025-2025; (E) Cannabinoid products, cannabinoid extracts, and cannabinoid concentrates from a marijuana producer that were made using only marijuana produced by the producer; (F) Whole, non-living marijuana plants that have been entirely removed from any growing medium from a producer; (G) Trade samples as allowed under OAR 845-025-1330; (H) Marijuana waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder; (I) Hemp Items from a processor with an industrial hemp endorsement or a Commission-certified hemp handler; (J) Harvested industrial hemp from a wholesaler, a processor with an Industrial Hemp endorsement, a Commission-certified hemp handler, or a Commission-certified hemp grower; and (K) Inventory from a retailer as allowed under OAR 845-025-2800(5). (L) Inventory from a processor as allowed by OAR 845-025-3215(4). (c) Transport and store marijuana items and hemp items received from other licensees, pursuant to the requirements of OAR 845-025-7500 to 845-025-7590 and 845-025-7700. (d) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR chapter 333, division 7. (e) Accept or make returns of marijuana items, as long as the wholesaler: (A) Only accepts or returns usable marijuana, marijuana items, harvested industrial hemp, hemp items, immature marijuana plants, seeds, and whole non-living marijuana plants; (B) Only accepts or returns eligible items listed in paragraph (A) of this subsection from the original licensee who supplied or purchased the item; and (C) Accurately records the transaction and its disposition once returned in the CTS. (f) Trim whole non-living plants and usable marijuana on behalf of a producer licensee, as long as both the wholesale licensee and producer licensee comply with all applicable rules including tracking all transactions and any packaging of marijuana items in CTS; and if: (A) Trimming is performed on the wholesaler’s licensed premises; or (B) Trimming is performed at the producer’s licensed premises and the wholesale licensee holds a “For Hire Trimming Privilege” as set forth in OAR 845-025-3505. (2) A wholesale licensee may not: (a) Sell, deliver, purchase, or receive any marijuana item, industrial hemp, or hemp item other than as provided in this rule. (b) Transfer, sell, transport, purchase, possess, accept, return, or receive any industrial hemp or hemp item that exceeds the THC limits specified in OAR 845-025-2760. (c) Transfer, sell, transport, purchase, possess, accept, return, or receive any marijuana item or hemp item containing artificially derived cannabinoids except as allowed under OAR 845-025-1310 and in accordance with section (1) of this rule. (d) Process a marijuana item. (e) Produce marijuana. (3) For purposes of this rule, “marijuana item” does not include a mature marijuana plant. (4) Violations. (a) A violation of paragraph (1)(a)(E), (1)(a)(I), (1)(b)(G), or (1)(b)(K) or subsection (1)(c) to (1)(f) is a Category III violation. (b) All other violations of this rule are Category I violations. Statutory/Other Authority: ORS 475C.017, 475C.085, 571.336 & 571.337 Statutes/Other Implemented: ORS 475C.093, 571.336 & 571.337 History: OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023 OLCC 121-2022, minor correction filed 03/25/2022, effective 03/25/2022 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 4-2019, amend filed 02/25/2019, effective 03/01/2019 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 13-2017, temporary amend filed 10/05/2017, effective 10/05/2017 through 12/27/2017 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