reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1260 - Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may issue a temporary
			 authority to operate a licensed business to a trustee, the receiver of an
			 insolvent or bankrupt licensed business, the personal representative of a
			 deceased licensee, or a person holding a security interest in the business for
			 a reasonable period of time to allow orderly disposition of the business.
(a) The trustee, receiver or personal
			 representative must provide the Commission with the following information:
(A) Proof that the person is the legal
			 trustee, receiver or personal representative for the business; and
(B) A written request for authority to
			 operate as a trustee, receiver or personal representative, listing the address
			 and telephone number of the trustee, receiver or personal
			 representative.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1275 - Closure of Business

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A license
			 expires upon death of a licensee unless the Commission issues an order as
			 described in subsection (2) of this rule.
(2) The Commission may issue an order
			 providing for the manner and condition under which:
(a) Marijuana items left by a deceased,
			 insolvent or bankrupt person or licensee, or subject to a security interest,
			 may be foreclosed, sold under execution or otherwise disposed.
(b) The business of a deceased, insolvent or
			 bankrupt licensee may be operated for a reasonable period following the death,
			 insolvency or bankruptcy.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1290 - Licensee Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
A licensee is responsible for:
(1) The violation of any administrative rule
			 of the Commission; any provision of ORS chapter 475C affecting the licensee's
			 license privileges.
(2) Any act or
			 omission of a licensee representative in violation of any administrative rule
			 of the Commission or any provision of ORS chapter 475C affecting the licensee's
			 license privileges.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.017
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1295 - Local Ordinances

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may impose a civil penalty, suspend or revoke
				any license for failure to comply with an ordinance adopted by a city or county
				pursuant ORS 475C.449 if the city or
				county:
(1) Has provided the licensee
			 with due process substantially similar to the due process provided to a
			 licensee under the Administrative Procedures Act, ORS
			 183.413 to
			 183.470; and
(2) Provides the Commission with a final
			 order that is substantially similar to the requirements for a final order under
			 ORS 183.470 that establishes that
			 the licensee has violated the local ordinance.
Statutory/Other Authority: ORS
				  475C.017,
				  475C.065,
				  475C.085,
				  475C.093 &
				  475C.097
Statutes/Other Implemented: ORS
				  475C.449
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1300 - Licensee Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee may
			 not:
(a) Import into this state or export from
			 this state any marijuana items;
(b)
			 Give marijuana items as a prize, premium or consideration for a lottery,
			 contest, game of chance or game of skill, or competition of any kind;
(c) Sell, give, or otherwise make available
			 any marijuana items or hemp items to any person who is visibly
			 intoxicated;
(d) Make false
			 representations or statements to the Commission in order to induce or prevent
			 action by the Commission;
(e)
			 Maintain a noisy, disorderly, or insanitary establishment or supply adulterated
			 marijuana items;
(f) Misrepresent
			 any marijuana item to a customer or to the public;
(g) Sell any marijuana item through a
			 drive-up window;
(h) Deliver or
			 transfer marijuana items to any consumer off the licensed premises or to any
			 unlicensed location except as permitted by OAR
			 845-025-2500,
			 845-025-2880, or
			 845-025-2885;
(i) Sell or offer to sell a marijuana item
			 that does not comply with the minimum standards prescribed by the statutory
			 laws of this state; or
(j) Use or
			 allow the use of a mark or label on the container of a marijuana item that is
			 kept for sale if the container does not precisely and clearly indicate the
			 nature of the container's contents or in any way might deceive a customer as to
			 the nature, composition, quantity, age, or quality of the marijuana
			 item.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1310 - Artificially Derived Cannabinoids

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee may
			 transfer, sell, transport, purchase, possess, accept, return, or receive an
			 artificially derived cannabinoid, including an artificially derived cannabinoid
			 created by a refinement process using a reactive material such as bleaching
			 clay, or a marijuana or hemp item that contains an artificially derived
			 cannabinoid if:
(a) The artificially derived
			 cannabinoid:
(A) Is not a controlled
			 substance under OAR chapter 855, division 80;
(B) Was manufactured in compliance with
			 applicable laws relating to food safety;
(C) In the Commission's judgment, is not
			 impairing or intoxicating; and
(D)
			 Has been reported as a naturally-occurring component of the plant Cannabis
			 family Cannabaceae in at least three peer-reviewed publications.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1330 - Trade Samples

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, "cannabinoid product line" means industrial hemp cannabinoid
			 products as defined in
			 845-025-1015(43)(a)(C)
			 or marijuana cannabinoid products that may differ in flavor, color, or total
			 delta-9-THC concentration or total CBD concentration but may not differ in net
			 quantity or any other characteristic.
(2) The following licensees and hemp
			 certificate holders may provide samples within the limits listed below to
			 licensees for the purpose of determining whether to purchase the product.
(a) A producer may provide a sample of:
(A) Usable marijuana, or kief to a marijuana
			 producer, wholesaler, retailer or processor licensee; or
(B) A cannabinoid product, cannabinoid
			 extract, or cannabinoid concentrate that was made using only marijuana produced
			 by the producer to a marijuana processor, wholesaler, or retailer.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1335 - Marijuana Promotional Events

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Eligibility. ORS 475C.513 allows businesses
			 licensed by the Commission under ORS
			 475C.005 to
			 475C.525 to transport marijuana
			 items to and exhibit marijuana items at a trade show or similar event. This
			 rule sets the qualifications and requirements for promotional events.
(2) Definitions.
(a) "Approved area" means the area approved
			 by the Commission to display and store marijuana items.
(b) "Event organizer" means a person licensed
			 under ORS 475C.005 to
			 475C.525 who submits a
			 promotional event application and serves as the primary contact with the
			 Commission.
(c) "Participating
			 licensee" means a person licensed under ORS
			 475C.005 to
			 475C.525 who has been named as a
			 participant in a promotional event application.
(d) "Promotional event" means an event or
			 trade show at which marijuana items are displayed.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1360 - Quality Control Samples

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Producer
			 licensees, processor licensees, and hemp handler certificate holders may
			 provide sample marijuana items or hemp items directly to their own license
			 representatives for the purpose of quality control and product
			 development.
(2) The sample
			 marijuana items or hemp items may not be consumed or used on a licensed
			 premises.
(3) The sample marijuana
			 items or hemp items may not be provided to or resold to another licensee or
			 consumer.
(4) Any sample provided
			 under this rule must be recorded in CTS. When providing an employee or licensee
			 representative a sample of a hemp or marijuana item, a licensee must record the
			 following in CTS:
(a) The reduction in
			 quantity of the total weight or item count as applicable under the associated
			 UID for the item;
(b) The date and
			 time the sample was provided to the employee or licensee
			 representative;
(c) The worker
			 permit number of the employee or licensee representative receiving the sample;
			 and
(d) The name of the employee or
			 licensee representative as it appears on their worker permit.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1400 - Security Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 must have a security plan. The Commission will not conduct any pre-licensing
			 inspection under OAR 845-025-1090(4)
			 until it has approved an applicant's security plan.
(2) The Commission must notify an applicant
			 in writing whether the security plan has been approved. If the security plan is
			 approved with a waiver granted under OAR
			 845-025-1405, the notice must
			 specifically describe the alternate safeguards that are required and, if time
			 limited, must state the time period the security plan is in effect.
(3) A licensee must notify the Commission of
			 any proposed changes to a security plan and must have approval prior to
			 implementing any change. The Commission will notify a licensee whether the
			 change is approved in the same manner described in subsection (2) of this
			 rule.
(4) The Commission may
			 withdraw approval of the security plan at any time if there have been one or
			 more documented instances of theft or loss of marijuana items on the licensed
			 premises within the past year. If the Commission withdraws its approval of the
			 security plan, the licensee will be given a reasonable period of time to modify
			 the plan and if the security plan was approved with a waiver of any security
			 requirements, will be given a reasonable period of time to come into compliance
			 with the security requirements that were waived.
(5) Failure to comply with the terms of an
			 approved security plan is a Category III violation.
Statutory/Other Authority: ORS
				  475C.017,
				  475C.065,
				  475C.085,
				  475C.093 &
				  475C.097
Statutes/Other Implemented: ORS
				  475C.017,
				  475C.065,
				  475C.085,
				  475C.093 &
				  475C.097
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1405 - Security Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant or
			 licensee may, in writing, request that the Commission waive one or more of the
			 security requirements described in OAR
			 845-025-1400 to
			 845-025-1470 by submitting a
			 security waiver request for Commission approval. The waiver request must
			 include:
(a) The specific rules and
			 subsections of a rule that is requested to be waived;
(b) The reason for the waiver;
(c) A description of an alternative safeguard
			 the licensee can put in place in lieu of the requirement that is the subject of
			 the waiver; and
(d) An explanation
			 of how and why the alternative safeguard accomplishes the goals of the security
			 rules, specifically public safety, prevention of diversion, accountability, and
			 prohibiting access to minors.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1410 - Security Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee is
			 responsible for the security of all marijuana items on the licensed premises or
			 in transit, including providing adequate safeguards against theft or diversion
			 of marijuana items and records that are required to be kept.
(2) The licensee must ensure that commercial
			 grade, non-residential door locks are installed on every external door, and
			 gate if applicable, of a licensed premises where marijuana items are
			 present.
(3) During all hours when
			 the licensee is not operating a licensee must ensure that:
(a) All points of ingress and egress from a
			 licensed premises are securely locked and any keys or key codes to the enclosed
			 area remain in the possession of the licensee, licensee representative, or
			 authorized personnel;
(b) All
			 usable marijuana, cut and drying mature marijuana plants, cannabinoid
			 concentrates, extracts or products on the licensed premises of a licensee other
			 than a retailer are kept in a locked, enclosed area within the licensed
			 premises that is secured with at a minimum, a properly installed steel door
			 with a steel frame, and a commercial grade, non-residential door lock;
			 and
(c) Except for immature
			 marijuana plants, all marijuana items on a licensed retailer's premises are
			 kept in a locked, secured location or enclosure within any area such that
			 marijuana items are not visible from any area outside the licensed
			 premises.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1420 - Alarm System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensed
			 premises must have a fully operational security alarm system, activated at all
			 times when the licensed premises is closed for business.
(2) The security alarm system for the
			 licensed premises must:
(a) Be able to detect
			 unauthorized entry onto the licensed premises and unauthorized activity within
			 any limited access area where mature marijuana plants, usable marijuana,
			 cannabinoid concentrates, extracts or products are present;
(b) Be programmed to notify a the licensee,
			 licensee representative or authorized personnel in the event of an unauthorized
			 entry; and
(c) Have a mechanism to
			 ensure that the licensee, licensee's employees and authorized representatives
			 can immediately notify law enforcement or a security company of any
			 unauthorized entry. This subsection may be satisfied in one of the following
			 ways:
(A) Having at least two operational
			 "panic buttons" located inside the licensed premises that are linked with the
			 alarm system that immediately notifies a security company or law enforcement;
			 or
(B) Having operational "panic
			 buttons" physically carried by all licensee representatives present on the
			 licensed premises that are linked with the alarm system that immediately
			 notifies a security company or law enforcement; or
(C) Having a landline telephone present in
			 all limited access areas that is capable of immediately calling a security
			 company or law enforcement.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1430 - Video Surveillance Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensed
			 premises must have a fully operational video surveillance recording
			 system.
(2) Video surveillance
			 equipment must, at a minimum:
(a) Consist of:
(A) Digital or network video
			 recorders;
(B) Cameras capable of
			 meeting the requirements of OAR
			 845-025-1450 and this
			 rule;
(C) Video monitors;
(D) Digital archiving devices;
(E) A minimum of one monitor on premises
			 capable of viewing video; and
(F)
			 Interface devices, if required to adequately operate system or machinery such
			 as a mouse and keyboard.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1440 - Required Camera Coverage and Camera Placement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensed premises must have camera
			 coverage, as applicable, for:
(a) All points
			 of ingress and egress to and from the licensed premises;
(b) All limited access areas as that term is
			 defined in OAR 845-025-1015;
(c) All consumer sales areas;
(d) All points of ingress and egress to or
			 from limited access areas;
(e) The
			 surveillance room or surveillance area as defined in OAR
			 845-025-1460(1)(a) and
			 (b);
(f) Any other area that the Commission
			 believes presents a public safety risk based on the overall operation and
			 characteristics of the licensed premises; and
(g) All areas where marijuana waste is
			 required to be stored, destroyed or rendered unusable as required by OAR
			 845-025-7750.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1450 - Video Recording Requirements for Licensed Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee must
			 have cameras that continuously record, 24 hours a day:
(a) In all areas where mature marijuana
			 plants, immature marijuana plants, usable marijuana, cannabinoid concentrates,
			 extracts, products or waste may be present on the licensed premises;
			 and
(b) All points of ingress and
			 egress to and from areas where mature marijuana plants, immature marijuana
			 plants, usable marijuana, cannabinoid concentrates, extracts, products or waste
			 may be present.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1460 - Location and Maintenance of Surveillance Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee
			 must:
(a) Have the surveillance room or
			 surveillance area in a limited access area; and
(b) Have the surveillance recording equipment
			 housed in a designated, locked, and secured room or other enclosure with access
			 limited to:
(A) The licensee, licensee
			 representatives, and authorized personnel;
(B) Employees of the Commission;
(C) State or local law enforcement agencies
			 for a purpose authorized under ORS Chapter 475C, these rules, or for any other
			 state or local law enforcement purpose; and
(D) Service personnel or
			 contractors.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1470 - Producer Security Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A producer must
			 effectively prevent public access to all areas of the licensed premises used in
			 the production of marijuana. In addition to the security requirements in OAR
			 845-025-1400 to
			 845-025-1460, a producer's
			 approved security plan as described in OAR
			 845-025-1400 must include a
			 method to prevent public access to all areas of the licensed premises used in
			 the production of marijuana.
(2) If
			 a producer chooses to dispose of marijuana items by any method of composting,
			 as described in OAR 845-025-7750, the producer must
			 prevent public access to the composting area.
Statutory/Other Authority: ORS
				  475C.017 &
				  475C.065
Statutes/Other Implemented: ORS
				  475C.017 &
				  475C.065
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1600 - State and Local Safety Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All marijuana
			 licensees may be subject to inspection of licensed premises by state or local
			 government officials to determine compliance with state or local health and
			 safety laws.
(2) A licensee must
			 contact any utility provider to ensure that the licensee complies with any
			 local ordinance or utility requirements such as water use, discharge into the
			 sewer system, or electrical use.
Statutory/Other Authority: ORS
				  475C.017,
				  475C.065,
				  475C.085,
				  475C.093 &
				  475C.097
Statutes/Other Implemented: ORS
				  475C.017,
				  475C.065,
				  475C.085,
				  475C.093 &
				  475C.097
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-1620 - General Sanitary Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A marijuana licensee must:
(1) Prohibit an individual from working on a
			 licensed premises, until the condition is corrected, who has or appears to
			 have:
(a) An open or draining skin lesion
			 unless the individual wears an absorbent dressing and protective gloves;
			 or
(b) Any illness accompanied by
			 diarrhea or vomiting if the individual has a reasonable possibility of contact
			 with marijuana items on the licensed premises.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2000 - Canopy Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				845-025-2000 to
				845-025-2080:
(1) "Mature Canopy" means the surface area
			 which may be utilized to produce mature marijuana plants calculated in square
			 feet and measured using the outside boundaries of any area that includes mature
			 marijuana plants including all of the space within the boundaries. Both
			 immature and mature marijuana plants may be cultivated in this space.
(2) "Indoor production" means producing
			 marijuana in any manner:
(a) Utilizing
			 artificial lighting on mature marijuana plants; or
(b) Other than "outdoor production" as that
			 is defined in this rule.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2025 - Micro Tier Processing. Privileges; Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the privileges in OAR
			 845-025-2020, Micro Tier I and
			 Micro Tier II producer licensee may process marijuana concentrates, as long as:
(a) The process involves separating
			 cannabinoids from marijuana by:
(A) A
			 mechanical process; or
(B) An
			 extraction process using water as the solvent.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2030 - Licensed Premises of Producer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The licensed
			 premises of a producer includes all public and private areas used in the
			 business operated at the location.
(2) A producer may not engage in any
			 privileges of the license within a residence.
Statutory/Other Authority: ORS
				  475C.017 &
				  475C.065
Statutes/Other Implemented: 475C.065 & ORS
				  475C.009
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2040 - Production Size Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For the purposes of this rule:
(a) "Mixed
			 production" means a producer who has the privilege to grow marijuana both
			 indoors and outdoors at the same licensed premises.
(b) "Producer type" means indoor production,
			 outdoor production, or mixed production.
(c) "Production method" means indoor mature
			 canopy, outdoor mature canopy, or immature canopy.
(d) "Production tier" means micro tier I,
			 micro tier II, tier I, or tier II as described in section (3) of this
			 rule.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2045 - Propagation Endorsement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 producer licensee may apply for a propagation endorsement in order to grow
			 additional immature marijuana plant canopy as defined by these rules.
(2) Application. A producer applying for an
			 endorsement under this rule must attest that additional immature marijuana
			 plant canopy is required for the production of immature plants for sale to
			 other licensees.
(3) Denial and
			 Revocation. The Commission may deny a producer's request for an endorsement or
			 revoke the endorsement. If the Commission denies or revokes the endorsement,
			 the producer has a right to a hearing under the procedures of ORS chapter
			 183.
Statutory/Other Authority: ORS
				  475C.017 & ORS
				  475C.077
Statutes/Other Implemented: ORS
				  475C.077
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2050 - Recreational Marijuana Producers - Operating Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A producer
			 must:
(a) Establish written standard
			 operating procedures for the production of marijuana. The standard operating
			 procedures must, at a minimum, include when, and the manner in which, all
			 pesticide and or other chemicals are to be applied during the production
			 process; and
(b) Maintain a copy of
			 all standard operating procedures on the licensed premises.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2060 - Recreational Marijuana Producers - Start-up Inventory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Marijuana producers may not receive
			 immature marijuana plants or seeds from any source other than from another
			 licensee, except:
(a) A marijuana producer
			 that submitted an application on or before July 1, 2018 may receive immature
			 marijuana plants and seeds from any source within Oregon for up to 90 days
			 following initial licensure by the Commission;
(b) Pursuant to the transfer of medical
			 marijuana inventory under OAR
			 845-025-2100.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2070 - Pesticides, Fertilizers and Agricultural Chemicals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pesticides. A
			 producer may only use pesticides in accordance with ORS chapter 634 and OAR
			 chapter 603, division 57.
(2)
			 Fertilizers, Soil Amendments, Growing Media. A producer may only use
			 fertilizer, agricultural amendments, agricultural minerals and lime products in
			 accordance with ORS chapter 633.
(3) In addition to other records required by
			 these rules, a producer must maintain, at all times and on the licensed
			 premises:
(a) The safety data sheet (SDS) for
			 all pesticides, fertilizers or other agricultural chemicals used by the
			 producer in the production of marijuana;
(b) The original label or a copy thereof for
			 all pesticides, fertilizers or other agricultural chemicals used by the
			 producer in the production of marijuana; and
(c) A log of all pesticides, fertilizers or
			 other agricultural chemicals used by the producer in the production of
			 marijuana. The log must include:
(A) The
			 information required to be documented by a pesticide operator in ORS
			 634.146; and
(B) The unique identification tag number of
			 the cultivation batch or marijuana plant batch to which the product was
			 applied, or if applied to all plants on the licensed premises a statement to
			 that affect.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2080 - Harvest Lot Segregation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 producer or grow site administrator, within 45 days of harvesting a harvest
			 lot, must:
(a) Physically segregate the
			 harvest lot from other harvest lots;
(b) Place the harvest lot in a receptacle or
			 multiple receptacles;
(c) Record
			 moisture loss by marking the harvest as complete in CTS; and
(d) Ensure all inventory tracking procedures
			 are completed as required by
			 845-025-7520 to
			 845-025-7580.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2090 - Harvest Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice
			 Requirement. A producer licensee must file a harvest notice before harvesting
			 usable marijuana from any mature plant located in an outdoor canopy
			 area.
(2) Notices required under
			 this rule must:
(a) Be filed no later than
			 9:00 a.m. on the day of the harvest activity;
(b) Identify the dates of the proposed
			 harvest; and
(c) Be filed in a form
			 and manner prescribed by the Commission.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2100 - Transfer of Medical Marijuana Grower Inventory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual applicant listed on an
			 application for a producer license under ORS
			 475C.065 that is also a PRMG may
			 submit a transfer request to the Commission, on a form prescribed by the
			 Commission, to transition a medical marijuana grow site from being registered
			 with the Authority to being licensed by the Commission. The request must
			 include, at a minimum, the following information:
(a) The names, contact information, and
			 Authority issued registry identification number for each PRMG currently
			 registered at the grow site address that is the proposed premises to be
			 licensed;
(b) Copies of all
			 personal agreements entered into under ORS
			 475C.798 that specify whether a
			 patient has authorized the transfer of marijuana plants or usable marijuana to
			 the Commission license and if so, how much may be transferred; and
(c) An authorization that permits the
			 Authority to disclose to the Commission the PRMG's registration
			 information.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2110 - Medical Marijuana Registrant CTS Registration

Current through Register Vol. 63, No. 7, July 1, 2024
A grow site administrator approved by the Authority for a grow
				site that is subject to tracking under OAR 333, Division 8 and a processing
				site or dispensary registered with the Authority under 475C.815 or 475C.833
				must:
(1) Activate the assigned CTS
			 account within 10 calendar days of notification; and
(2) Use CTS to track inventory as required by
			 these rules.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.871
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2120 - Medical Registrant CTS Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A grow site administrator approved by the
			 Authority under OAR 333-008-0638 for a grow site
			 that is subject to tracking under ORS
			 475C.871 must:
(a) Record all inventory in CTS within 10
			 calendar days of activating the CTS account;
(b) Use CTS to record all inventory as
			 specified by the requirements of these rules, including but not limited to OAR
			 845-025-7500,
			 845-025-7520,
			 845-025-7540,
			 845-025-7560,
			 845-025-7570 and
			 845-025-7580; and
(c) Use CTS to record all transfers of
			 marijuana items to patients, designated primary caregivers, registered medical
			 marijuana dispensaries, registered medical marijuana processing sites, and to
			 laboratories for testing, documenting:
(A)
			 The amount of marijuana items transferred to each patient or designated primary
			 caregiver, the patient or caregiver's OMMP card number, and the date of the
			 transfer;
(B) The amount of usable
			 marijuana, seeds and number of immature plants transferred to each registered
			 dispensary, the dispensary's OMMP registration number and the date of
			 transfer;
(C) The amount of usable
			 marijuana transferred to each registered processing site, the processing site's
			 OMMP registration number and the date of transfer; and
(D) The amount of usable marijuana
			 transferred to each laboratory for testing, the laboratory's license number,
			 and the date of the transfer.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2130 - Grow site Transfers to Processor or Wholesaler Licensees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Medical
			 Marijuana Grow Site Transfers to Licensees of the Commission.
(a) Registration and Eligibility. A grow site
			 that is authorized to produce more than twelve mature marijuana plants may
			 apply to the Commission for approval to transfer limited quantities of usable
			 marijuana to a processor or wholesaler licensed under ORS
			 475C.085 or
			 475C.093 if the grow site's Grow
			 Site Administrator:
(A) Registers in a form
			 and manner specified by the Commission;
(B) Provides proof to the Commission of a
			 legal source of water as evidenced by:
(i) A
			 copy of a water right permit, certificate, or other water use authorization
			 from the Oregon Water Resources Department;
(ii) A statement that water is supplied from
			 a public or private water provider, along with the name and contact information
			 of the water provider; or
(iii)
			 Proof from the Oregon Water Resources Department that the water to be used for
			 production is from a source that does not require a water right; and
(C) Has an active assigned CTS
			 account.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2140 - Registrant to Patient Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
A medical grow site registered with the Commission must follow
				all applicable requirements of OAR
				845-025-7700 for transfers to
				patients or designated primary caregivers.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.871
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2150 - Medical Marijuana Inspections and Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Authority registrant that is subject
			 to tracking in CTS, under OAR 333, Division 8 must permit Commission staff to
			 conduct inspections of the registered premises.
(2) The Commission will refer all compliance
			 issues concerning registrants to the Authority who will determine, in its
			 discretion and under its rules whether enforcement action should be
			 taken.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.301
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2500 - Registration to Produce Usable Marijuana for Patients

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligibility. A
			 licensed producer may produce a medically designated mature canopy in an amount
			 equal to 10 percent of their production tier licensed under ORS
			 475C.077, as long as the
			 producer provides at least seventy five percent of the annual yield of usable
			 marijuana from their medically designated mature canopy to patients or a
			 patient's designated primary caregivers for no consideration.
(2) In order to produce a medically
			 designated mature grow canopy, a licensed producer must:
(a) Register in a form and manner specified
			 by the commission;
(b) Pay the fee
			 specified in OAR 845-025-1060;
(c) Submit a control plan in a form
			 prescribed by the Commission describing how the producer will:
(A) Identify the medically designated mature
			 canopy and separate the medically designated mature canopy from the
			 recreational canopy; and
(B)
			 Segregate usable marijuana harvested from the medically designated mature
			 canopy from the usable marijuana harvested from other plants.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2550 - Requirements for Producing and Providing Marijuana for Patients

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensed
			 producer who has been registered by the Commission to produce marijuana for
			 patients must:
(a) Comply with all
			 seed-to-sale tracking requirements required in these rules;
(b) Comply with testing rules in OAR
			 333-007-0300 to
			 333-007-0500 applicable to
			 licensee testing of usable marijuana prior to transferring usable marijuana to
			 a patient or the patient's designated primary caregiver and upon request by a
			 patient, provide a patient with a copy of all testing results;
(c) Comply with all applicable testing,
			 labeling and packaging rules when transferring or selling usable marijuana to
			 any licensee of the Commission;
(d)
			 In addition to subsection (a) of this section, use CTS to document the amount
			 of usable marijuana transferred to each patient or designated primary
			 caregiver, the date of the transfer, and the patient or designated primary
			 caregiver's OMMP number;
(e)
			 Provide at least 75 percent of the annual yield of usable marijuana to patients
			 or their designated primary caregivers; and
(f) Generate a manifest in CTS and carry a
			 physical copy of the manifest when delivering usable marijuana to a patient or
			 designated primary caregiver. If a patient or designated primary caregiver is
			 picking up the usable marijuana, the producer must generate a manifest in CTS
			 but a physical copy is not required.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2560 - Cancellation of Registration; Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to taking action against the
			 producer's license, the Commission may cancel or suspend a licensed producer's
			 registration to produce marijuana plants on a medically designated grow canopy
			 if the producer violates these rules.
(2) The Commission may revoke a registration
			 to produce marijuana for patients for any of the reasons that it may deny a
			 registration under OAR
			 845-025-2500.
Statutory/Other Authority: ORS
				  475C.017
Statutes/Other Implemented: ORS
				  475C.137
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2700 - Industrial Hemp Grower Certificate Application; Denial; Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hemp growers
			 may apply for an industrial hemp grower certificate to transfer industrial hemp
			 to a processor licensed under ORS
			 475C.085 or a wholesaler
			 licensed under ORS 475C.093.
(2) The application must:
(a) Include proof of licensure under ORS
			 571.281;
(b) Include the certificate and application
			 fees specified in OAR
			 845-025-1060;
(c) Identify the licensed Oregon Department
			 of Agriculture location from which the industrial hemp will be transferred from
			 for transport to a Commission licensee; and
(d) Include any other information identified
			 in the application form.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2705 - Industrial Hemp Handler Certificate Application; Denial; Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hemp handlers
			 may apply for an industrial hemp certificate to transfer industrial hemp or
			 hemp items to a processor licensed under ORS
			 475C.085, a wholesaler licensed
			 under ORS 475C.093, or a retailer licensed
			 under ORS 475C.097.
(2) The application must:
(a) Include proof of licensure under ORS
			 571.281;
(b) Include the certificate and application
			 fees specified in OAR
			 845-025-1060;
(c) Identify the licensed Oregon Department
			 of Agriculture location from which the industrial hemp or hemp items will be
			 transferred from for transport to a Commission licensee; and
(d) Include any other information identified
			 in the application form.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2750 - Industrial Hemp Grower Certificate Privileges; Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Commission-certified hemp grower may deliver industrial hemp to a processor or
			 wholesaler that holds a license issued under ORS
			 475C.085 or
			 475C.093 in accordance with this
			 rule.
(2) If transferring, selling
			 or transporting to a Commission licensee, a Commission-certified hemp grower
			 may:
(a) Transfer, sell, or transport
			 harvested industrial hemp to a processor licensed under ORS
			 475C.085 that holds an
			 industrial hemp endorsement; or
(b)
			 Transfer, sell, or transport harvested industrial hemp to a wholesaler licensed
			 under ORS 475C.093.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2755 - Industrial Hemp Handler Certificate Privileges; Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Commission-certified hemp handler may deliver industrial hemp or hemp items to
			 a processor, wholesaler, or retailer that holds a license issued under ORS
			 475C.085,
			 475C.093, or
			 475C.097 in accordance with this
			 rule.
(2) If transferring, selling
			 or transporting to a Commission licensee, a Commission-certified hemp handler
			 may only:
(a) Transfer, sell, or transport
			 harvested industrial hemp or hemp items to a processor licensed under ORS
			 475C.085 that holds an
			 industrial hemp endorsement;
(b)
			 Transfer, sell, or transport harvested industrial hemp or hemp items to a
			 wholesaler licensed under ORS
			 475C.093; or
(c) Transfer, sell, or transport hemp items
			 to a retailer licensed under ORS
			 475C.097.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2760 - THC Concentration Limits for Industrial Hemp and Hemp Items

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to:
(a) Commission-certified hemp
			 growers and Commission-certified hemp handlers transferring industrial hemp or
			 hemp items to licensees;
(b)
			 Licensees receiving industrial hemp or industrial hemp items from licensees,
			 Commission-certified hemp growers, or Commission-certified hemp handlers;
			 and
(c) Retailers selling,
			 transferring, or delivering hemp items to a consumer, patient, or primary
			 caregiver in accordance with OAR
			 845-025-2800.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2775 - CTS Requirements for Industrial Hemp and Hemp Items

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies only to industrial hemp and industrial hemp items that a
			 Commission-certified hemp grower or Commission-certified hemp handler intends
			 to transfer, sell or transport to a licensee.
(2) Commission-certified hemp growers and
			 Commission-certified hemp handlers must:
(a)
			 Enter any industrial hemp or hemp items into CTS prior to transfer to a
			 licensee or laboratory licensee.
(b) Complete tracking as specified by
			 Commission rules as applicable to industrial hemp and hemp items, including but
			 not limited to: OAR 845-025-7500,
			 845-025-7520(1)(a),(b),(d),(e),
			 (2),
			 845-025-7540,
			 845-025-7560, and
			 845-025-7580(1)(a)-(c), (e), (2),
			 (5).
(c) Use CTS to record all transfers of
			 industrial hemp and hemp items to a licensee or laboratory licensee.
(d) Use CTS to record all transfers of
			 industrial hemp and hemp items that failed potency testing to a
			 Commission-certified hemp handler in accordance with OAR
			 845-025-2750 to OAR
			 845-025-2755.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2785 - Licensee Industrial Hemp Privileges; Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A processor
			 with an industrial hemp endorsement may transfer, sell, transport, purchase,
			 possess, accept, return, or receive industrial hemp and hemp items in
			 accordance with OAR 845-025-3215.
(2) A wholesaler may transfer, sell,
			 transport, purchase, possess, accept, return, or receive industrial hemp and
			 hemp items in accordance with OAR
			 845-025-3500.
(3) A retailer may:
(a) Transfer, sell, transport, purchase,
			 possess, accept, return, or receive hemp items in accordance with OAR
			 845-025-2800.
(b) Sell, transfer, or deliver hemp items to
			 a consumer, patient, or designated primary caregiver in accordance with all
			 requirements for selling or transferring marijuana items.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2820 - Retailer Operational Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 completing the sale of a marijuana item to a consumer, a retailer must verify
			 that the consumer has a valid, unexpired government-issued photo identification
			 and must verify that the consumer is 21 years of age or older by viewing the
			 consumer's:
(a) Passport;
(b) Driver license, whether issued by the
			 State of Oregon or by another state of the United States.
(c) Identification card issued under ORS
			 807.400;
(d) United States military identification
			 card;
(e) Any other identification
			 card issued by a state or territory that bears a picture of the person, the
			 name of the person, the person's date of birth and a physical description of
			 the person; or
(f) An
			 identification card issued by a federally recognized Indian tribe with photo,
			 name and date of birth.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 25 - RECREATIONAL MARIJUANA › Section 845-025-2840 - Retailer Premises

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The licensed
			 premises of a retailer:
(a) May not be located
			 in an area that is zoned exclusively for residential use.
(b) Notwithstanding ORS
			 475C.097(2)(d)
			 may be located within 1,000 feet of a school if:
(A) The marijuana retailer is not located
			 within 500 feet of:
(i) A public elementary
			 or secondary school for which attendance is compulsory under ORS
			 339.020; or
(ii) A private or parochial elementary or
			 secondary school, teaching children as described in ORS
			 339.030(1)(a);
			 and
(B) The Commission
			 determines that there is a physical or geographic barrier capable of preventing
			 children from traversing to the premises of the marijuana retailer;
			 or
(C) The marijuana retailer was
			 established before August 1, 2017, in accordance with a city or county
			 ordinance adopted under section 29b, chapter 83, Oregon Laws 2016.
(c) Must be enclosed on all sides
			 by permanent walls and doors.