reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0550 - General Person Responsible for a Marijuana Grow Site Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A PRMG may not
			 grow marijuana for more than eight patients at any one time.
(2) A PRMG must display a marijuana grow site
			 registration card at the marijuana grow site at all times for each patient for
			 whom marijuana is being produced.
(3) All seeds, immature marijuana plants,
			 mature marijuana plants and usable marijuana associated with the production of
			 marijuana for a patient by a PRMG are the property of the patient and must be
			 provided to the patient or the patient's designated primary caregiver upon the
			 patient's request, unless the patient has assigned a portion of the right to
			 possess the seeds, immature plants and usable marijuana to the PRMG in
			 accordance with ORS 475C.798 and OAR 333-008-0585.
(4) All marijuana produced for a patient must
			 be provided to the patient or designated primary caregiver when the PRMG ceases
			 producing marijuana for the patient, unless the patient has assigned a portion
			 of the right to possess the seeds, immature plants and usable marijuana to the
			 PRMG in accordance with ORS 475C.798.
(5) All usable marijuana associated with the
			 production of marijuana for a patient must be transferred to a marijuana
			 processing site upon the patient's request.
(6) All seeds, immature marijuana plants and
			 usable marijuana associated with the production of marijuana for a patient must
			 be transferred to a medical marijuana dispensary upon the patient's
			 request.
(7) If a patient submits a
			 request to the Authority to change their PRMG or grow site resulting in the
			 removal of the PRMG as a registered PRMG for that patient that PRMG may not be
			 designated to produce marijuana by another patient unless the grow site is
			 authorized to have no more than:
(a)
			 Forty-eight mature marijuana plants;
(b) Ninety-six immature marijuana plants that
			 are 24 inches or more in height; and
(c) Two hundred and eighty-eight immature
			 marijuana plants that are less than 24 inches in height.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0560 - Grow Site Plant Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A PRMG
			 may not produce more than the following per patient, subject to the overall
			 grow site plant limits:
(a) Six mature
			 marijuana plants;
(b) Twelve
			 immature marijuana plants that are 24 inches or more in height; and
(c) Thirty-six immature marijuana plants that
			 are less than 24 inches in height.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0570 - Designation of Plants at Grow Site Address

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A PRMG producing marijuana at a grow site
			 where multiple PRMGs are registered must:
(a)
			 Physically identify the marijuana plants at a grow site that are being grown by
			 that PRMG by either:
(A) Tagging each
			 marijuana plant with the PRMG's name, identification card number and patient
			 identification number; or
(B)
			 Fencing or cordoning off the PRMG's marijuana plants and posting all grow site
			 registration cards at the location where the plants are located;
			 or
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0580 - Usable Marijuana Possession Limits for a Person Designated to Produce Marijuana by a Patient

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to
			 section (2) of this rule, a person designated to produce marijuana by a patient
			 may possess the amount of usable marijuana that the person harvests from his or
			 her mature marijuana plants, provided that the person may not possess usable
			 marijuana in excess of the amount of usable marijuana in the person's
			 possession as reported to the Authority under OAR 333-008-0630.
(2) A person designated to produce marijuana
			 by a patient may not possess usable marijuana in excess of:
(a) For a marijuana grow site located
			 outdoors, 12 pounds of usable marijuana per mature marijuana plant;
			 or
(b) For a marijuana grow site
			 located indoors, six pounds of usable marijuana per mature marijuana
			 plant.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0585 - Personal Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding ORS 475C.792(7), a PRMG may enter into a personal agreement
			 with a patient under which the patient assigns to the PRMG a portion of the
			 right to possess the seeds, immature marijuana plants and usable marijuana that
			 are the property of the patient.
(2) A personal agreement described in section
			 (1) of this rule may only be between a patient and the PRMG designated to
			 produce marijuana on their behalf.
(3) A personal agreement described in section
			 (1) must be agreed to in writing by both the patient and the PRMG using either:
(a) The personal agreement form provided by
			 the Authority at
www.healthoregon.org/ommp
; or
(b) Another document that includes
			 the same information included in the form described in subsection (a) of this
			 section including but not limited to:
(A)
			 Patient name, phone number, registry identification card number and the card's
			 expiration date;
(B) PRMG name,
			 phone number, OMMP identification card number, the card's expiration date, and
			 grow site address;
(C) The amount
			 or quantity with the unit of measure of the marijuana items assigned to the
			 PRMG. Marijuana items must be specified as usable marijuana, seeds, immature
			 plants 24 inches or more in height, and immature plants under 24 inches in
			 height;
(D) A statement that the
			 patient understands that the marijuana items will no longer be the patient's
			 property;
(E) The date the
			 agreement expires that is on or before the expiration of the patient's registry
			 identification card;
(F) Patient's
			 and PRMG's signature; and
(G)
			 Whether and under what terms the agreement may be revoked.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0590 - Permissible Transfers of Marijuana

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Registrants may only transfer marijuana:
(a) As permitted under this rule or in ORS
			 475C.770 to 475C.919.
(b) That was
			 produced or processed for a patient as permitted under these
			 rules.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0595 - Transfers from Commission Licensees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) PRMGs, patients, and designated primary
			 caregivers may receive immature marijuana plants from a Commission licensed
			 marijuana producer registered under ORS 475C.137 in accordance with OAR chapter
			 845, division 25.
(2) Any transfer
			 under this rule is subject to:
(a) Grow site
			 plant limitations under OAR 333-008-0025, 333-008-0520  to 333-008-0560;
			 and
(b) Possession limits under OAR
			 333-008-0080.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0600 - PRMG Labeling, Packaging and Testing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A PRMG who transfers usable marijuana to
			 a registered processing site or dispensary must comply with the labeling and
			 packaging requirements adopted by the Commission in OAR chapter 845, division
			 25 and the testing requirements in OAR 333-007-0300  to 333-007-0500, including
			 but not limited to assigning and documenting a unique batch number for each
			 batch of usable marijuana, and providing that batch number to registered
			 processing sites and dispensaries at the time of transfer or sale.
(2) In accordance with rules adopted by the
			 Commission in OAR chapter 845, division 25 a PRMG must:
(a) Comply with the Commission's packaging
			 and labeling pre-approval process under OAR chapter 845, division 25;
			 and
(b) Keep all records related to
			 the label pre-approval process for two years from the date of approval and
			 provide those records at the request of the Authority.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0630 - PRMG Documentation Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The reporting requirements in this rule
			 do not apply to:
(a) A patient growing only
			 for themself at the patient's residence, unless the patient is transferring
			 usable marijuana to a registered processing site or dispensary; or
(b) A PRMG that produces marijuana at a grow
			 site that is subject to the CTS tracking requirements in ORS 475C.871, as
			 provided in OAR 333-008-0635.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0635 - Grow Site CTS Tracking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A grow
			 site location that meets the following criteria must track the transfer,
			 propagation and production of marijuana in CTS in accordance with OAR chapter
			 845, division 25:
(a) The grow site has more
			 than 12 mature medical marijuana plants and more than 24 immature medical
			 marijuana plants; or
(b) There are
			 more than two PRMGs registered at the grow site location; or
(c) There are more than two patients
			 registered at the grow site location.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0638 - Grow Site Administrators for CTS Tracking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Designation of Grow Site Administrator
			 for CTS.
(a) A grow site that is subject to
			 CTS tracking under OAR 333-008-0635(1)  must have a designated grow site
			 administrator.
(b) If a patient
			 submits an application listing a grow site and the new application makes the
			 grow site subject to CTS tracking criteria under OAR 333-008-0635(1)  the
			 Authority will notify all PRMGs at the grow site that a grow site administrator
			 must be designated. The PRMG designated as the grow site administrator has 15
			 calendar days from the date of the Authority's notice to submit a grow site
			 administrator request to the Authority in a form and manner prescribed by the
			 Authority, along with the CTS non-refundable user fee.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0700 - OMMP Monitoring, Investigation, and Enforcement: Monitoring and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Authority may, at any time, contact a patient, designated primary caregiver,
			 PRMG, or a patient's attending provider by telephone, mail or in person to
			 verify the current accuracy of information included in the registration
			 system.
(2) The Authority may, when
			 it has reasonable basis for believing a violation of ORS 475C.770 through
			 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these
			 rules has occurred, either conduct an investigation or arrange for this
			 responsibility to be assumed by the proper state or local
			 authorities.
(3) A patient,
			 designated primary caregiver or PRMG must cooperate with the Authority during
			 an investigation.
(4) If the
			 Authority records show that any one attending provider is the attending
			 provider of record for more than 450 patients at any point in time, the
			 Authority shall request, in writing, that the attending provider do one of the
			 following:
(a) Provide information for each
			 new patient over the 450 threshold, including:
(A) Documentation that the patient's medical
			 records have been reviewed;
(B)
			 Patient chart notes documenting the patient was examined by the attending
			 provider and the date of the examination; and
(C) Documentation showing provided or planned
			 follow-up care;
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0710 - OMMP Monitoring, Investigation, and Enforcement: Grow Site Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
The Authority may inspect the following to ensure compliance
				with ORS 475C.792, 475C.795 and 475C.806, and any rule adopted under ORS
				475C.792, 475C.795 and 475C.806:
(1)
			 The marijuana grow site of a person designated to produce marijuana by a
			 patient; and
(2) The records of a
			 person designated to produce marijuana by a patient.
Statutory/Other Authority: ORS 475C.792 & 475C.894
Statutes/Other Implemented: ORS 475C.792 &
				  475C.894
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0720 - OMMP Monitoring, Investigation, and Enforcement: Violations

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to failure to comply with any applicable provision
				of ORS 475C.770 to 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333,
				division 7 or these rules, it is a violation:
(1) For a PRMG:
(a) To transfer seeds, immature plants or
			 usable marijuana to a registered processing site or dispensary without a valid
			 patient authorization or personal agreement.
(b) To transfer usable marijuana to a
			 Commission licensed processor site or licensed wholesaler without a valid
			 assignment of rights from a patient through a personal agreement under ORS
			 475C.798.
(c) To produce marijuana
			 at a grow site area that has been artificially subdivided into separate grow
			 sites.
(d) To produce marijuana if
			 the PRMG or the grow site do not meet the qualifications for registration under
			 ORS 475C.792 or 475C.794 or rule adopted thereunder.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0730 - OMMP Monitoring, Investigation, and Enforcement: Suspension and Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Patient
			 Suspension or Revocation.
(a) The Authority
			 may suspend or revoke a patient's card if the Authority determines that the
			 patient:
(A) Provided false
			 information;
(B) Violated a
			 provision of ORS 475C.770 to 475C.919, 475C.544, 475C.604, 475C.612, OAR
			 chapter 333, division 7 or these rules; or
(C) No longer meets the qualifications for
			 registration.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0740 - OMMP Monitoring, Investigation, and Enforcement: Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any other liability or penalty provided by law,
				the Authority may impose for each violation of a provision of ORS 475C.770 to
				475C.919, 475C.544, or for each violation of these rules, a civil penalty that
				does not exceed $500 for each day that the violation occurs, in accordance with
				the civil penalty matrix in OAR 333-008-2210.
Statutory/Other Authority: ORS 475C.895, 475C.919 &
				  475C.578
Statutes/Other Implemented: ORS
				  431A.010,
				  475C.895 & 475C.578
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-0750 - OMMP Monitoring, Investigation, and Enforcement: General Powers

Current through Register Vol. 63, No. 7, July 1, 2024
The Authority may possess, seize or dispose of marijuana or
				usable marijuana as is necessary for the Authority to ensure compliance with
				and enforce the provisions of ORS 475C.770 to 475C.919, 475C.544, 475C.604,
				475C.612, OAR chapter 333, division 7, and these rules.
Statutory/Other Authority: ORS
				  431A.010,
				  475C.481 & 475C.903
Statutes/Other Implemented: ORS
				  431A.010,
				  475C.481 & 475C.903
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1000 - Medical Marijuana Dispensaries: Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may not establish, conduct,
			 maintain, manage or operate an establishment for the purpose of providing the
			 services in ORS 475C.833(1)(a) unless the person is registered by the Authority
			 under these rules.
(2) Nothing in
			 these rules exempts a dispensary registrant or dispensary representative from
			 complying with any other applicable state or local laws.
(3) Registration of a dispensary does not
			 protect a dispensary registrant or dispensary representative from possible
			 criminal prosecution under federal law.
(4) Registration by the Authority is not a
			 guarantee that a dispensary is permitted to operate under applicable land use
			 or other local government laws where the dispensary is located.
(5) These rules apply to any initial or
			 renewal application filed on or after June 24, 2016, and to any application
			 filed prior to June 24, 2016 that the Authority has not approved or
			 denied.
Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS
				  475C.833
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1010 - Medical Marijuana Dispensaries: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR 333-008-1000  through 333-008-2200  the
				following definitions apply:
(1)
			 "Dispensary representative" means an owner, director, officer, 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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1020 - Medical Marijuana Dispensaries: Application for Medical Marijuana Dispensary Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 register a medical marijuana dispensary a person must:
(a) Submit an initial application on a form
			 prescribed by the Authority that includes but is not limited to:
(A) The name of the individual who owns the
			 dispensary or, if a business entity owns the dispensary, the name of each
			 individual who has a financial interest in the dispensary;
(B) The name of the individual or individuals
			 responsible for the dispensary, if different from the name of the individual
			 who owns the dispensary, with one of the individuals responsible for the
			 dispensary identified as the primary PRD;
(C) The physical and mailing address of the
			 medical marijuana dispensary; and
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1030 - Dispensary Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1040 - Medical Marijuana Dispensaries: Dispensary Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 will be reviewed in the order they are received by the Authority. An
			 application is considered received as of the date and time that payment of
			 application and registration fees is authorized by the entity that issued the
			 credit or debit card used to pay the fees.
(2) Once the Authority has determined that an
			 application is complete it will review an application to the extent necessary
			 to determine compliance with ORS 475C.833 and these rules.
(3) The Authority may, in its discretion,
			 prior to acting on an application:
(a)
			 Contact any individual listed on the application and request additional
			 documentation or information;
(b)
			 Inspect the premises of the proposed dispensary; or
(c) Verify any information submitted by the
			 applicant.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1050 - Medical Marijuana Dispensaries: Dispensary Pre-Approval Inspection; Approval of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1060 - Medical Marijuana Dispensaries: Denial of Dispensary Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1063 - Medical Marijuana Dispensaries: Withdrawal of Dispensary Application

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1070 - Expiration and Renewal of Dispensary Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A dispensary's registration expires one
			 year following the date of application approval.
(2) A dispensary 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;
(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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1073 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 475B.450 & 475B.525
Stats. Implemented: ORS
				  475B.450
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1075 - Medical Marijuana Dispensaries: PRD Criteria and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1078 - Medical Marijuana Dispensaries: Removal, Addition, Change, Designation or Assignment of PRD

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1110 - Medical Marijuana Dispensaries: Locations of Medical Marijuana Dispensaries; Dispensary Premises Restrictions and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A dispensary may not be located:
(a) In an area that is zoned for residential
			 use.
(b) At the same address as a
			 registered marijuana grow site;
(c)
			 Within 1,000 feet of the real property comprising a public or private
			 elementary or secondary school, except as provided in ORS 475C.840; or
(d) Within 1,000 feet of another
			 medical marijuana dispensary.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1190 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are not included in rule text.
Click here for PDF copy of
				  table(s)
.
Stat. Auth.: ORS 475B.450 & 475B.525
Stats. Implemented: ORS
				  475B.450
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1200 - Medical Marijuana Dispensaries: Operation of Registered Dispensaries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policies and
			 Procedures. In order to obtain a registration and to retain registration a
			 dispensary registrant must have written detailed policies and procedures and
			 training for employees on the policies and procedures that, at a minimum, cover
			 the following:
(a) Security;
(b) Transfers of marijuana items to and from
			 the dispensary;
(c) Operation of a
			 registered dispensary;
(d) Required
			 record keeping;
(e) Testing
			 requirements, including review of testing results prior to accepting transfers
			 of marijuana items;
(f) Packaging
			 and labeling requirements;
(g)
			 Employee training;
(h) Compliance
			 with these rules, including but not limited to violations and enforcement;
			 and
(i) Roles and responsibilities
			 for employees and PRDs in assisting the Authority during inspections or
			 investigations.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1205 - Registered Dispensary Signage

Current through Register Vol. 63, No. 7, July 1, 2024
(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".
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1225 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 475B.450 & 475B.525
Stats. Implemented: ORS
				  475B.450
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1230 - Medical Marijuana Dispensaries: Transfers to a Registered Dispensary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transfer of
			 Usable Marijuana, Seeds and Immature Plants. A patient, caregiver, or PRMG may
			 transfer usable marijuana, seeds and immature plants produced by a PRMG to a
			 registered dispensary, subject to the requirements in this rule.
(a) A registered dispensary may only accept a
			 transfer of usable marijuana, seeds or immature marijuana plants from a
			 caregiver or PRMG if the individual transferring the usable marijuana, seeds or
			 immature plants provides the original or a copy of a valid:
(A) Authorization to Transfer form prescribed
			 by the Authority; or
(B) Personal
			 agreement as that is defined in OAR 333-008-0010  and OAR
			 333-008-0585.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1245 - Transfers From a Registered Dispensary to a Patient or Designated Primary Caregiver

Current through Register Vol. 63, No. 7, July 1, 2024
(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 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) 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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1247 - Medical Marijuana Dispensaries: Registered Dispensary Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1248 - Registered Dispensary Reporting to the Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless a dispensary is subject to CTS
			 tracking, a PRD must submit to the Authority electronically in a manner
			 specified by the Authority, by the 10th of each month, the following
			 information:
(a) The amount of usable
			 marijuana transferred to and by the medical marijuana dispensary during the
			 previous month.
(b) The amount and
			 type of medical cannabinoid products transferred to and by the medical
			 marijuana dispensary during the previous month. For purposes of this section
			 "type" means:
(A) Cannabinoid
			 edibles;
(B) Cannabinoid
			 topicals;
(C) Cannabinoid
			 tinctures;
(D) Cannabinoid
			 capsules;
(E) Cannabinoid
			 suppositories;
(F) Cannabinoid
			 transdermal patches and
(G)
			 Cannabinoid product other than products listed in paragraphs (A) to (F) of this
			 subsection.
(c) The
			 amount and type of cannabinoid concentrates transferred to and by the medical
			 marijuana dispensary during the previous month. For purposes of this section
			 "type" means:
(A) Cannabinoid concentrate in
			 solid form; and
(B) Cannabinoid
			 concentrate in liquid form.
(d) The amount and type of cannabinoid extracts transferred to and
			 by the medical marijuana dispensary during the previous month. For purposes of
			 this section "type" means:
(A) Cannabinoid
			 extract in solid form; and
(B)
			 Cannabinoid extract in liquid form.
(e) The quantity of immature marijuana plants transferred to and
			 by the medical marijuana dispensary during the previous month.
(f) The quantity of seeds transferred to and
			 by the medical marijuana dispensary during the previous
			 month.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1250 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.262, 475.314 & 475.338
Stats. Implemented: ORS 431.262 &
				  475.314
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1252 - Dispensary CTS Tracking

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1255 - Medical Marijuana Dispensaries: Non-Profit Dispensaries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A registered
			 dispensary owned by a nonprofit corporation organized under ORS chapter 65,
			 registered with the Secretary of State as a nonprofit organization, and
			 registered with the Oregon Department of Justice as a charitable organization,
			 if applicable, may receive by gift, devise or bequest:
(a) Usable marijuana, immature marijuana
			 plants and seeds from patients, designated primary caregivers, PRMGs, persons
			 who hold a producer license under ORS 475C.065 and persons who hold a research
			 certificate under ORS 475C.289; and
(b) Medical cannabinoid products, cannabinoid
			 concentrates and cannabinoid extracts from persons responsible for marijuana
			 processing sites, persons who hold a processor license under ORS 475C.085 and
			 persons who hold a research certificate under ORS 475C.289.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1275 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.262, 475.314 & 475.338
Stats. Implemented: ORS 431.262 &
				  475.314
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1280 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 475.314 & 475.338
Stats. Implemented: ORS 475.314 &
				  475.331
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1400 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: 2014 OL, Ch. 79, Sec. 3
Stats. Implemented: 2014 OL, Ch. 79, Sec.
				  3
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1500

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  475.314 & 475.338, OL 2015,
				  ch. 784 & sec. 21a, ch. 699, OL 2015
Stats. Implemented: ORS
				  475.314, OL 2015, ch. 784 &
				  sec. 21a, ch. 699, OL 2015
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1501

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  475.314 &
				  475.338, OL 2015, ch. 784
Stats. Implemented: ORS
				  475.314, OL 2015, ch.
				  784
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1505

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  475B.450 & 475B.525, OL
				  2015, ch. 784
Stats. Implemented: ORS
				  475B.450, OL 2015, ch.
				  784
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1600 - Medical Marijuana Processors: Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1610 - Medical Marijuana Processors: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 333-008-1600  to 333-008-2200:
(1) "Cannabinoid capsule" means a small
			 soluble pill, tablet, or container that contains liquid or powdered cannabinoid
			 product, concentrate or extract and is intended for human ingestion.
(2) "Cannabinoid edible" means a food or
			 potable liquid into which a cannabinoid concentrate or extract or the dried
			 leaves or flowers of marijuana have been incorporated.
(3) "Cannabinoid suppository" means a small
			 soluble container designed to melt at body temperature within a body cavity
			 other than the mouth, especially the rectum or vagina, containing a cannabinoid
			 product, concentrate or extract.
(4) "Cannabinoid tincture" means a liquid
			 cannabinoid product packaged in a container of four fluid ounces or less that
			 consists of either:
(a) A non-potable solution
			 of at least 25 percent non-denatured alcohol, in addition to cannabinoid
			 concentrate, extract, or usable marijuana, and perhaps other ingredients
			 intended for human consumption or ingestion that is exempt from the Liquor
			 Control Act under ORS
			 471.035;
			 or
(b) A non-potable solution
			 comprised of glycerin, plant-based oil, or concentrated syrup, cannabinoid
			 concentrate, extract or usable marijuana; and perhaps other ingredients that
			 does not contain any added sweeteners and is intended for human consumption or
			 ingestion.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1620 - Medical Marijuana Processors: Application for Medical Marijuana Processing Site Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 register a medical marijuana processing site a person must:
(a) Submit an initial application on a form
			 prescribed by the Authority that includes but is not limited to:
(A) The name of the individual who owns the
			 processing site or, if a business entity owns the processing site, the name of
			 each individual who has a financial interest in the processing site;
(B) The name of the individual or individuals
			 responsible for the processing site, if different from the name of the
			 individual who owns the processing site, with one of the individuals
			 responsible for the processing site identified as the primary PRP;
(C) The physical and mailing address of the
			 marijuana processing site; and
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1630 - Medical Marijuana Processors: Processing Site Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1650 - Medical Marijuana Processors: Processing Site Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 will be reviewed in the order they are received by the Authority. An
			 application is considered received as of the date and time that payment of fees
			 is authorized by the entity that issued the credit or debit card used to pay
			 the fees.
(2) Once the Authority
			 has determined that an application is complete it will review an application to
			 the extent necessary to determine compliance with ORS 475C.815 and these
			 rules.
(3) The Authority may, in
			 its discretion, prior to acting on an application:
(a) Contact any individual listed on the
			 application and request additional documentation or information;
(b) Inspect the premises of the proposed
			 processing site; or
(c) Verify any
			 information submitted by the applicant.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1660 - Medical Marijuana Processors: Processing Site Pre-Approval Inspection; Approval of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 8 - MEDICAL MARIJUANA › Section 333-008-1670 - Medical Marijuana Processors: Denial of Processing Site Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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.