justicedao/ipfs_state_laws huggingface dataset:
333-008-1010 Medical Marijuana Dispensaries: Definitions For the purposes of OAR 333-008-1000 through 333-008-2200 the following definitions apply: (1) "Dispensary representative" means an owner, director, officer, person responsible for a medical marijuana dispensary (PRD), manager, employee, agent or other representative of a registered medical marijuana dispensary, to the extent that the person acts in a representative capacity. (2) "Dispensary registrant" means: (a) An individual who owns a registered medical marijuana dispensary or, if a business entity owns the registered medical marijuana dispensary, each individual who has a financial interest in the registered medical marijuana dispensary; and (b) Any PRD. (3) "Person responsible for a medical marijuana dispensary" or "PRD" means an individual who is directly involved in the day-to-day operations of a dispensary and is identified as a PRD on an application. (4) "Primary PRD" means a PRD designated by the owner of the dispensary as the primary point of contact for the Oregon Health Authority (Authority) and who is authorized to receive any and all communications and legal notices from the Authority. (5) "Residence" means real property in which an individual lives or resides. (6) "These rules" means OAR 333-008-1000 to 333-008-1255, 333-008-2000 to 333-008-2200 and 333-008-5000. Statutory/Other Authority: ORS 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 27-2025, amend filed 12/30/2025, effective 01/01/2026 PH 96-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 142-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 29-2017, amend filed 12/22/2017, effective 01/01/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16 PH 16-2015(Temp), f. & cert. ef. 9-22-15 thru 3-19-16 PH 4-2015, f. & cert. ef. 1-28-15 PH 20-2014, f. & cert. ef. 7-11-14 PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14
333-008-1030 Dispensary Fees (1) The initial fees for the registration of a dispensary are: (a) A non-refundable application fee of $500; and (b) A $3,500 registration fee. (2) The annual renewal fees for the registration of a dispensary are: (a) A $500 non-refundable renewal fee; and (b) A $3,500 registration fee. (3) The criminal background check fee is $35 per individual. (4) Cannabis Tracking System (CTS) user fee: $480. (5) The Oregon Health Authority (Authority) may not return the registration fee unless: (a) An application is incomplete; or (b) An applicant withdraws an application. (6) Notwithstanding section (5) of this rule, the Authority may not refund a registration fee if the Authority has issued the applicant a 60-day letter under OAR 333-008-1040(6) and the applicant subsequently withdraws the application or the applicant does not comply with the 60-day deadline or an extension deadline under OAR 333-0080-1040(7) or (8). Statutory/Other Authority: ORS 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 27-2025, amend filed 12/30/2025, effective 01/01/2026 PH 98-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 144-2018, 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 9-2016, f. 2-26-16, cert. ef. 3-1-16 PH 20-2014, f. & cert. ef. 7-11-14 PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14
333-008-1050 Medical Marijuana Dispensaries: Dispensary 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 333-008-1040 to determine whether the applicant and dispensary are in compliance with these rules. (2) If, after the site visit the Authority determines that the applicant and dispensary are in compliance with these rules the Authority must provide the primary PRD with proof of registration that includes a unique registration number, and notify the primary PRD in writing that the dispensary may operate. (3) If, after the site visit the Authority determines that the dispensary 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 333-008-1060; or (c) Consider the application to be incomplete. (4) A registered dispensary must at all times display proof of registration in a prominent place inside the dispensary so that proof of registration is easily visible to individuals authorized to transfer marijuana items to the dispensary and individuals who are authorized to receive a transfer of marijuana items from the dispensary. (5) A registered dispensary 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 dispensary, on its website, or in any advertising or social media. (6) A dispensary’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.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 100-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 146-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16 PH 4-2015, f. & cert. ef. 1-28-15 PH 20-2014, f. & cert. ef. 7-11-14 PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14
333-008-1060 Medical Marijuana Dispensaries: Denial of Dispensary Application (1) The Authority must deny an application if: (a) An application, supporting documentation provided by the applicant, or other information obtained by the Authority shows that the qualifications for a dispensary in ORS 475C.833 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 dispensaries in accordance with ORS 475C.950, unless the dispensary meets the criteria in ORS 475C.950(6). (2) The Authority may deny an applicant if it determines that the applicant, the owner of the dispensary, a PRD, or an employee of the medical marijuana dispensary: (a) Submitted intentionally false or misleading information to the Authority; or (b) Violated at any time a provision of ORS 475C.770 to 475C.919, 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 333-008-1078 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.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 101-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 147-2018, 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 PH 16-2015(Temp), f. & cert. ef. 9-22-15 thru 3-19-16 PH 4-2015, f. & cert. ef. 1-28-15 PH 20-2014, f. & cert. ef. 7-11-14 PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14
333-008-1063 Medical Marijuana Dispensaries: Withdrawal of Dispensary Application An applicant 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 333-008-1060. Statutory/Other Authority: ORS 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 102-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 148-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1075 Medical Marijuana Dispensaries: PRD Criteria and Responsibilities (1) A PRD must: (a) Be 21 years or age or older; (b) Have legal authority to act on behalf of the dispensary; and (c) Be responsible for ensuring the registered dispensary complies with applicable laws. (2) A PRD 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 PRD must be on site at a dispensary 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 PRD is accountable for any intentional or unintentional action of registrant representatives, with or without the knowledge of the PRD, who violate ORS 475C.833, 475C.843 or these rules, and is responsible for any unlawful conduct that occurs on the premises of the dispensary or any property outside the registered dispensary that is owned by or under the control of the dispensary registrant. Statutory/Other Authority: ORS 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 104-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 150-2018, 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
333-008-1078 Medical Marijuana Dispensaries: Removal, Addition, Change, Designation or Assignment of PRD (1) If an owner of a registered dispensary is adding or changing a PRD or primary PRD, an individual with legal authority to act on behalf of the registered dispensary 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 PRD who is designating or assigning the responsibilities of a PRD to another individual must submit the information and fees required in section (1) of this rule. The responsibilities of a primary PRD may not be designated or assigned. (3) The Authority will review and approve the addition or change of a PRD or primary PRD if the individual meets the requirements in OAR 333-008-1075. (4) The Authority will review and approve the designation or assignment of the responsibilities of a PRD to another individual if that individual meets the requirements in OAR 333-008-1075. An individual to whom a designation or assignment is made, and who is approved by the Authority, has the same legal obligations as a PRD. (5) An individual may not act in the capacity of a PRD without approval from the Authority. (6) If the Authority denies the request to add or change a PRD or primary PRD, or denies the request to designate or assign the responsibilities of a PRD to another individual, the Authority must notify the individual that submitted the request of the denial and the current primary PRD, and describe the reason for the denial. (7) A registered dispensary may not be open for business or receive or transfer any marijuana items without at least one Authority approved PRD and a primary PRD. Statutory/Other Authority: ORS 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 105-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 151-2018, 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
333-008-1205 Registered Dispensary Signage (1) In order to obtain a registration and to retain registration a dispensary registrant must post: (a) At every entrance to the dispensary: (A) "Medical Marijuana Patients Only". (B) "No On-Site Consumption of Marijuana". (b) At all areas of ingress to a limited access area signs that reads: (A) "Restricted Access Area — Authorized Personnel Only". (B) "No Minors Allowed". (c) At all areas of ingress to a point of sale area a sign that reads: "Restricted Access Area — No Minors Allowed". (d) At the point of sale, the following posters prescribed by the Authority, measuring 22 inches high by 17 inches wide that can be downloaded at www.healthoregon.org/ommp: (A) A Pregnancy Warning Poster; and (B) A Poisoning Prevention Poster. (2) All signs required by this rule must be: (a) Legible, not less than 8 1/2 inches by and 11 inches, composed of letters not less than one-half inch in height; (b) In English and Spanish, if a Spanish version is available through the Authority; and (c) Posted in a conspicuous location where the signs can be easily read by individuals entering or on the dispensary premises. (3) All signs may be downloaded at www.healthoregon.org/ommp. Statutory/Other Authority: ORS 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 108-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 154-2018, 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
333-008-1245 Transfers From a Registered Dispensary to a Patient or Designated Primary Caregiver (1) A dispensary registrant must, prior to permitting an individual to enter a point of sale area on the dispensary premises verify that the individual is a current patient or designated primary caregiver. (2) A registered dispensary must, prior to transferring a marijuana item to a patient or a designated primary caregiver: (a) Verify the individual is currently registered with the Oregon Health Authority (Authority) by viewing the individual’s government issued photo identification and Authority issued patient or caregiver card, or the patient’s receipt, as described in OAR 333-008-0023(6) or OAR 333-008-0040(5) and making sure the identities match. (b) Obtain and retain, if not already on file, a copy of the patient’s or caregiver’s: (A) Oregon Medical Marijuana Program (OMMP) identification card or receipt; and (B) Government issued photo identification. (c) Document: (A) The name, OMMP card number and expiration date of the card of each person to whom the registered facility transfers a marijuana item; (B) If the marijuana item 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 usable marijuana transferred in metric units, if applicable; (D) The number of seeds or immature plants transferred, if applicable; (E) The amount of a medical cannabinoid product concentrate, or extract, if applicable; (F) The brand name of the marijuana item and a description of what was transferred; (G) The date of the transfer; and (H) The amount of money paid by the patient or designated primary caregiver for the transfer. (3) A dispensary registrant may not transfer at any one time to a patient or designated primary caregiver, within one day, more than: (a) 24 ounces of usable marijuana; (b) 16 ounces of a medical cannabinoid product in solid form; (c) 72 ounces of a medical cannabinoid product in liquid form; (d) 16 ounces of a cannabinoid concentrate whether sold alone or contained in an inhalant delivery system; (e) 10 grams of a cannabinoid extract whether sold alone or contained in an inhalant delivery system; (f) Four immature marijuana plants; and (g) 50 seeds. (4) All documentation required in this rule must be maintained electronically in an integrated inventory tracking and point of sale system or the electronic data management system described in OAR 333-008-1247. Statutory/Other Authority: ORS 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 27-2025, amend filed 12/30/2025, effective 01/01/2026 PH 110-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 156-2018, 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 PH 25-2014, f. & cert. ef. 9-24-14 PH 9-2014(Temp), f. & cert. ef. 4-1-14 thru 9-27-14
333-008-1247 Medical Marijuana Dispensaries: Registered Dispensary Record Keeping (1) In order to obtain a registration and to retain registration a PRD must have an installed and fully operational electronic data management system that is either the same as or different than the integrated inventory tracking and point of sale system required in OAR 333-008-1200 capable of maintaining: (a) All copies of documents required to be obtained and retained in OAR 333-008-1230 and 333-008-1245; (b) Any revocation of an Authorization to Transfer form or personal agreement; and (c) All other information required to be documented and retained by these rules if such information is not contained in the inventory tracking and point of sale system required in OAR 333-008-1200. (2) A dispensary registrant must maintain all information required to be documented in these rules in a safe and secure manner that protects the information from unauthorized access, theft, fire, or other destructive forces, and is easily accessed and retrievable by the Authority upon request, either at the registered dispensary or online. (3) The electronic data management system described in section (1) of this rule must: (a) Provide for an off-site or secondary backup system; and (b) Provide security measures to ensure patient records are kept confidential. (4) Documents and information required to be maintained in these rules must be retained by a PRD for at least two years. (5) A dispensary registrant must provide the Authority with any documentation required to be maintained in these rules upon request, in the format requested by the Authority, or permit the Authority access to such documentation on-site. Statutory/Other Authority: ORS 475C.833 & 475C.919 Statutes/Other Implemented: ORS 475C.833 History: PH 111-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 157-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1252 Dispensary CTS Tracking (1) All registered dispensaries must track the transfers of usable marijuana, immature marijuana plants, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts to and from the dispensary in CTS in accordance with OAR chapter 845, division 25 and pay the required CTS fee in OAR 333-008-1030 in accordance with instructions from the Authority. (2) A dispensary must comply with any applicable CTS requirements in OAR chapter 845, division 25 and cooperate with any inspection or investigation conducted by the Commission under ORS 475C.871(6). (3) To comply with this rule a registered dispensary must comply with any instructions and deadlines provided by the Authority or the Commission, including but not limited to: (a) Paying the required CTS user fee; (b) Setting up and activating a CTS user account; (c) Successfully completing all required CTS training; and (d) Ordering Unique Identification (UID) Tags and tagging all inventory. (4) A registered dispensary may not accept or make any transfers of marijuana items, unless the dispensary has an active CTS user account, has UID tags, has tagged all inventory and is capable of entering required information into CTS. Statutory/Other Authority: ORS 475C.871 Statutes/Other Implemented: ORS 475C.871 History: PH 112-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 22-2019, amend filed 11/15/2019, effective 01/01/2020 PH 159-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 29-2017, adopt filed 12/22/2017, effective 01/01/2018
333-008-1600 Medical Marijuana Processors: Applicability (1) OAR 333-008-1600 to 333-008-2200 applies to any person processing marijuana for transfer to a registered dispensary. (2) A person may not process marijuana unless the person is registered in accordance with these rules, except for a person: (a) Processing marijuana under a license issued by the Commission under ORS 475C.085; or (b) Who has been designated as a primary caregiver under ORS 475C.789 who processes a medical cannabinoid product or a cannabinoid concentrate for the caregiver’s patient and who does not transfer medical cannabinoid product or cannabinoid concentrate to a dispensary. Statutory/Other Authority: ORS 475C.815 & 475C.830 Statutes/Other Implemented: ORS 475C.815 & 475C.830 History: PH 114-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 211-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 161-2018, minor correction filed 04/30/2018, effective 04/30/2018 PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
333-008-1630 Medical Marijuana Processors: Processing Site Fees (1) The initial fees for the registration of a processing site are: (a) A non-refundable application fee of $500; and (b) A $3,500 registration fee. (2) The annual renewal fees for the registration of a processing site are: (a) A $500 non-refundable renewal fee; and (b) A $3,500 registration fee. (3) The criminal background check fee is $35 per individual. (4) Cannabis Tracking System (CTS) user fee: $480. (5) The Oregon Health Authority (Authority) may not return the registration fee unless: (a) An application is incomplete; or (b) An applicant withdraws an application. (6) Notwithstanding section (5) of this rule, the Authority may not refund a registration fee if the Authority has issued the applicant a 60-day letter under OAR 333-008-1650(6) and the applicant subsequently withdraws the application or the applicant does not comply with the 60-day deadline or an extension deadline under OAR 333-0080-1650(7) or (8). Statutory/Other Authority: ORS 475C.815 Statutes/Other Implemented: ORS 475C.815 History: PH 27-2025, amend filed 12/30/2025, effective 01/01/2026 PH 117-2022, minor correction filed 06/07/2022, effective 06/07/2022 PH 213-2018, minor correction filed 05/17/2018, effective 05/17/2018 PH 164-2018, 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 9-2016, f. 2-26-16, cert. ef. 3-1-16