333-008-0010
Definitions

For the purposes of OAR chapter 333, division 8 the following definitions apply unless otherwise indicated:

(1) "Advertising" means publicizing the trade name of a person responsible for a marijuana grow site (PRMG), registered processing site or dispensary together with words or symbols referring to marijuana or publicizing the brand name of marijuana or a medical cannabinoid product, concentrate or extract in any medium.

(2) “Adulterated” means to make a marijuana item impure by adding or applying foreign or inferior ingredients or substances, including but not limited to if the marijuana item:

(a) In the Oregon Health Authority’s (Authority’s) judgment, bears or contains any poisonous or deleterious substance in a quantity rendering it injurious in a manner that may pose a risk to human health, including but not limited to tobacco or nicotine;

(b) Bears or contains any added poisonous or deleterious substance exceeding a safe tolerance if such tolerance has been established;

(c) Consists in whole or in part of any filthy, putrid, or decomposed substance, or otherwise is unfit for human consumption;

(d) Is processed, prepared, packaged, or is held under improper time-temperature conditions or under other conditions increasing the probability of contamination with excessive microorganisms or physical contaminants;

(e) Is processed, prepared, packaged, or held under insanitary conditions increasing the probability of contamination or cross-contamination;

(f) Is held or packaged in containers composed, in whole or in part, of any poisonous or deleterious substance rendering the contents potentially injurious to health;

(g) Any substance has been substituted wholly or in part therefor;

(h) Damage or inferiority has been concealed in any manner; or

(i) Any substance has been added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

(3) "Adult use cannabinoid" includes, but is not limited to, tetrahydrocannabinols, tetrahydrocannabinolic acids that are artificially or naturally derived, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, the optical isomers of delta-8-tetrahydrocannabinol or delta-9 tetrahydrocannabinol and any artificially derived cannabinoid that is reasonably determined to have an intoxicating effect.

(4) "Applicant" means, as applicable to the registration being applied for:

(a) An individual applying for a registry identification card under ORS 475C.783.

(b) An individual applying for a grow site registration under ORS 475C.792.

(c) A person applying for a marijuana processing site registration under ORS 475C.815.

(d) A person applying for a medical marijuana dispensary registration under ORS 475C.833.

(5) "Attending provider" means one of the following health care providers who have primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition:

(a) A Doctor of Medicine (MD) or Doctor of Osteopathy (DO), licensed under ORS chapter 677;

(b) A physician associate licensed under ORS 677.505 to 677.525;

(c) A nurse practitioner licensed under ORS 678.375 to 678.390;

(d) A clinical nurse specialist licensed under ORS 678.370 and 678.372;

(e) A certified registered nurse anesthetist as defined in ORS 678.245; or

(f) A naturopathic physician licensed under ORS chapter 685.

(6) "Attending provider statement" or "APS" means the form, prescribed by the Authority and signed by an attending provider, that states the individual has been diagnosed with a debilitating medical condition and that the medical use of marijuana may mitigate the symptoms or effects of the individual’s debilitating medical condition.

(7) "Authority" means the Oregon Health Authority.

(8) "Business day" means Monday through Friday excluding legal holidays.

(9) "CBD" means cannabidiol.

(10) "Cannabinoid" means any of the chemical compounds that are the active constituents of marijuana.

(11) "Cannabinoid concentrate" means a substance obtained by separating cannabinoids from marijuana by:

(a) A mechanical extraction process;

(b) A chemical extraction process using a nonhydrocarbon-based solvent, such as vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol;

(c) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or

(d) Any other process authorized in these rules.

(12) "Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried leaves or flowers of marijuana have been incorporated.

(13) "Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by:

(a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; or

(b) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure.

(14) "Cannabis Tracking System" or "CTS" means the Oregon Liquor and Cannabis Commission’s system for tracking the transfer of marijuana items and other information as authorized by ORS 475C.177.

(15) "Cartoon" means any drawing or other depiction of an object, person, animal, creature or any similar caricature that satisfies any of the following criteria:

(a) The use of comically exaggerated features;

(b) The attribution of human characteristics to animals, plants or other objects, or the similar use of anthropomorphic technique; or

(c) The attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunneling at very high speeds or transformation.

(16) "Commission" means the Oregon Liquor and Cannabis Commission.

(17) "Common ownership" means any commonality between individuals or legal entities named as applicants or persons with a financial interest in a registration or a business proposed to be registered.

(18) "Conviction" means an adjudication of guilt upon a verdict or finding entered in a criminal proceeding in a court of competent jurisdiction.

(19) "Database" means the electronic system established pursuant to ORS 475C.856, in which the Authority stores the information PRMGs, registered processing sites and dispensaries are required to submit under these rules.

(20) "Debilitating medical condition" means:

(a) Cancer, glaucoma, a degenerative or pervasive neurological condition, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or a side effect related to the treatment of those medical conditions;

(b) A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

(A) Cachexia;

(B) Severe pain;

(C) Severe nausea;

(D) Seizures, including but not limited to seizures caused by epilepsy; or

(E) Persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis;

(c) Post-traumatic stress disorder; or

(d) Any other medical condition or side effect related to the treatment of a medical condition adopted by the Authority by rule or approved by the Authority pursuant to a petition filed under OAR 333-008-0090.

(21) "Delivery" has the meaning given that term in ORS 475C.777.

(22)(a) "Designated primary caregiver" means an individual who:

(A) Is 18 years of age or older;

(B) Has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition; and

(C) Is designated as the person responsible for managing the well-being of a person who has been diagnosed with a debilitating medical condition on that person’s application for a registry identification card or in other written notification submitted to the Authority.

(b) "Designated primary caregiver" does not include a person's attending provider.

(23) "Direct interest" means an interest that is held in the name of the individual.

(24) "Domicile" means the place an individual intends as his or her fixed place of abode or habitation where he or she intends to remain and to which, if absent, the individual intends to return.

(25) "Elementary school" means a learning institution containing any combination of grades Kindergarten through 8.

(26) "Employee":

(a) Means any individual, including a non-citizen, employed for remuneration or under a contract of hire, written or oral, express or implied, by an employer.

(b) Does not mean an individual who volunteers or donates services performed for no remuneration or without expectation or contemplation of remuneration as adequate consideration for the services performed for a religious or charitable institution or a governmental entity.

(27) "Flowering" means that a marijuana plant has formed a mass of pistils measuring greater than two centimeters wide at its widest point.

(28) "Food stamps" means the Supplemental Nutrition Assistance Program as defined and governed by ORS 411.806 through 411.845.

(29) "Grandfathered grow site" means a grow site registered by the Authority that has been approved by the Authority under OAR 333-008-0520 that can have up to:

(a) 24 mature marijuana plants and 48 immature marijuana plants that are 24 inches or more in height if the location is within city limits and zoned residential; or

(b) 96 mature marijuana plants and 192 immature marijuana plants that are 24 inches or more in height if the location is within city limits but not zoned residential or not within city limits.

(30) "Grow site" means a grow site area registered under ORS 475C.792 identified by the grow site address where marijuana is produced for use by a patient or, with permission from a patient, for transfer to a registered processing site, registered dispensary, or Commission licensees as permitted by OAR chapter 825, division 25.

(31) "Grow site address" is the identifier of the grow site.

(32) “Grow site administrator” (GSA) means a PRMG registered to grow for a patient at a grow site address required to use CTS, who has been designated to be responsible for ensuring compliance with all CTS requirements at the grow site.

(33) "Grow site registration card" means a card issued by the Authority that identifies the address of a marijuana grow site and the PRMG.

(34) "Harvest lot" means a specifically identified quantity of marijuana that is cultivated utilizing the same growing practices, harvested within a 72-hour period at the same location and cured under uniform conditions.

(35) "Human consumption" means to ingest, generally through the mouth, food, drink or other substances such that the substance enters the human body but does not include inhalation.

(36) "Immature marijuana plant" means a marijuana plant that is not flowering.

(37) "Indirect interest" means:

(a) An interest that is owned by a business entity that is owned, in whole or in part and either directly or indirectly, through one or more other intermediate business entities, by the individual; or

(b) An interest held in the name of another but the benefits of ownership of which, the individual is entitled to receive.

(38) "Individual who has a financial interest" in a business entity that owns a processing site or dispensary means:

(a) If the business entity is a corporation:

(A) Stockholders: Any individual who owns, directly or indirectly, 10 percent or more of the outstanding stock of such corporation.

(B) Directors: Any director of the corporation who receives compensation for acting in that capacity or who owns, directly or indirectly, five percent or more of the outstanding stock of such corporation.

(C) Officers: Any officer of the corporation who receives compensation for acting in that capacity or who owns, directly or indirectly, five percent or more of the outstanding stock of such corporation.

(b) If the business entity is a trust:

(A) Trustees: Any individual who is a trustee of the trust and who receives compensation for acting in that capacity and any individual who owns, directly or indirectly, 10 percent or more of the ownership interests of a business entity that is a trustee of the trust and that receives compensation for acting in that capacity.

(B) Beneficiaries: Any individual who is entitled to receive, directly or indirectly, income or benefit from the trust.

(c) If the business entity is a partnership:

(A) General Partners: Any individual who is a general partner of the partnership and who receives compensation for acting in that capacity or who owns five percent or more of the ownership interests of the partnership and any individual who owns, directly or indirectly, 10 percent or more of the ownership interests of a business entity that is a general partner of the partnership and that receives compensation for acting in that capacity or owns five percent or more of the ownership interests of the partnership.

(B) Limited Partners: Any individual who is a limited partner of the partnership and who owns 10 percent or more of the ownership interests of the partnership and any individual who owns, directly or indirectly, 10 percent or more of the ownership interests of a business entity that is a limited partner of the partnership and that owns 10 percent or more the ownership interests of the partnership.

(d) If the business entity is a joint venture: Any individual who is entitled to receive, directly or indirectly, income or benefit from the joint venture.

(e) If the business entity is a limited liability company:

(A) Managers: Any individual who is a manager of the limited liability company and who receives compensation for acting in that capacity or who owns five percent or more of the ownership interests of the limited liability company and any individual who owns, directly or indirectly, 10 percent or more of the ownership interests of a business entity that is a manager of the limited liability company and that receives compensation for acting in that capacity or owns five percent or more of the ownership interests of the limited liability company.

(B) Members: Any individual who is a member of the limited liability company and who owns 10 percent or more of the ownership interests of the limited liability company and any individual who owns, directly or indirectly, 10 percent or more of the ownership interests of a business entity that is a member of the limited liability company and that owns 10 percent or more of the ownership interests of the limited liability company.

(f) Immediate family members: Any person, 18 years of age or older, involved in a marijuana processing site or dispensary, in any capacity, who is a member of the immediate family of any individual who otherwise has a financial interest in the business entity that owns the marijuana processing site or dispensary. A person is a member of the immediate family of the individual if the person receives more than 50 percent of his or her financial support from that individual.

(g) Landlord: Any individual who is a landlord of a processing site or dispensary and who is entitled to receive 40 percent or more of the proceeds from the marijuana processing site or dispensary as a part of lease payments or rent, any individual who owns, directly or indirectly, 10 percent or more of the ownership interests of a business entity that is a landlord of a processing site or dispensary and that is entitled to receive 40 percent or more of the proceeds from the marijuana processing site or dispensary as part of lease payments or rent, and any individual who the Authority finds, based on reasonably reliable information, exerts influence over the operation of the marijuana processing site or dispensary through a landlord-tenant relationship and receives a portion of the proceeds from that marijuana processing site or dispensary.

(h) Other forms of business organization: If the form of business entity is not expressly addressed in subsections (a) to (g) of this section, the Authority will, in determining individuals who have a financial interest in the business entity, apply the portions of this definition applicable to the business entity that are most similar to the subject business entity, interpreting the terminology and concepts of this definition in the context of the subject business entity as necessary or appropriate.

(39) "Indoor production" for purposes of OAR 333-008-0580 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.

(40) "Inhalable cannabinoid product" means a cannabinoid product that is intended for human inhalation.

(41) "Limited access area" means:

(a) For a dispensary a building, room, or other contiguous area on a dispensary premises where a marijuana item is present but does not include the area where marijuana items are transferred to a patient or designated primary caregiver.

(b) For a processing site a building, room, or other contiguous area on a processing site premises where a marijuana item is present.

(42)(a) "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.

(b) "Marijuana" does not include:

(A) Industrial hemp, as defined in ORS 571.269; or

(B) Prescription drugs, as that term is defined in ORS 689.005, including those containing one or more cannabinoids, that are approved by the United States Food and Drug Administration and dispensed by a pharmacy, as defined in ORS 689.005.

(43) "Marijuana item" means marijuana, cannabinoid concentrates, cannabinoid extracts, medical cannabinoid products, and immature marijuana plants.

(44) "Marijuana processing site" or "processing site" means a marijuana processing site registered under ORS 475C.815 or a site for which an applicant has submitted an application for registration under ORS 475C.815.

(45) "Mature marijuana plant" means a marijuana plant that is not an immature marijuana plant.

(46)(a) "Medical cannabinoid product" means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to a person’s skin or hair, that contains cannabinoids or dried leaves or flowers of marijuana.

(b) "Medical cannabinoid product" does not include:

(A) Usable marijuana by itself;

(B) A cannabinoid concentrate by itself;

(C) A cannabinoid extract by itself; or

(D) Industrial hemp, as defined in ORS 571.269.

(47) "Medical marijuana dispensary" means a medical marijuana dispensary registered under ORS 475C.833 or a site for which an applicant has submitted an application for registration under ORS 475C.833.

(48) “Medical marijuana plot” or “plot” means an area designated at a medical marijuana grow site for producing cannabis plants under a medical marijuana grower registration.

(49) "Medical use of marijuana" means the production, processing, possession, delivery, or administration of marijuana, or use of paraphernalia used to administer marijuana to mitigate the symptoms or effects of a debilitating medical condition.

(50) "Minor" means an individual under the age of 18.

(51) "Oregon Health Plan (OHP)" means the medical assistance program administered by the Authority under ORS chapter 414.

(52) "OMMP" means the section within the Authority that administers the provisions of ORS 475C.770 to 475C.919, the applicable provisions of 475C.540 to 475C.586, 475C.600 to 475C.644, and the rules in OAR chapter 333, divisions 7 and 8.

(53) "Organization or facility caregiver" means:

(a) An organization that provides hospice, palliative or home health care services that:

(A) Is licensed under ORS 443.014 to 443.105, 443.305 to 443.355, or 443.850 to 443.869;

(B) Has significant responsibility for managing the well-being of a patient; and

(C) Is designated by the Authority as an additional caregiver for a patient; or

(b) A residential facility as defined in ORS 443.400 that:

(A) Is licensed under ORS 443.400 to 443.455;

(B) Has significant responsibility for managing the well-being of a patient: and

(C) Is designated by the Authority as an additional caregiver for a patient.

(54) "Outdoor production" for purposes of OAR 333-008-0580 means producing marijuana:

(a) In an expanse of open or cleared ground open to the air; or

(b) In a greenhouse, hoop house or similar non-rigid structure that does not utilize any artificial lighting on mature marijuana plants, including but not limited to electrical lighting sources.

(55) "Parent or legal guardian" means the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age.

(56) "Patient" has the same meaning as "registry identification cardholder."

(57) "Person designated to produce marijuana by a registry identification cardholder" or "person designated to produce marijuana by a patient" mean a person designated to produce marijuana by a patient under ORS 475C.792 who produces marijuana for that patient at an address:

(a) Other than the address where the patient resides; or

(b) Where more than 12 mature marijuana plants are produced.

(58) "Person responsible for a marijuana grow site," or "PRMG" means any individual designated by a patient to produce marijuana for the patient, including a patient who identifies themself as a person responsible for the marijuana grow site, who has been registered as a PRMG by the Authority under OAR 333-008-0033.

(59) "Personal agreement" means a document, as described in ORS 475C.798 signed and dated by a patient, assigning a patient’s right to possess seeds, immature marijuana plants and usable marijuana to a PRMG.

(60) "Point of sale" means a specific location within a point of sale area at which the transfer of a marijuana item occurs.

(61) "Point of sale area" means a secure area where a registered dispensary transfers a marijuana item to a patient or caregiver.

(62) "Premises" means a location registered by the Authority as a processing site or dispensary under these rules and includes all areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms, including all public and private areas where individuals are permitted to be present.

(63) "Primary responsibility" as that term is used in relation to an attending provider means that the provider:

(a) Provides primary health care to the patient; or

(b) Provides medical specialty care and treatment to the patient; or

(c) Is a consultant who has been asked to examine and treat the patient by the patient's primary care physician licensed under ORS chapter 677, the patient's physician assistant licensed under ORS chapter 677, or the patient's nurse practitioner licensed under ORS chapter 678; and

(d) Has reviewed a patient's medical records at the patient's request and has conducted a thorough physical examination of the patient, has provided or planned follow-up care, and has documented these activities in the patient's medical record.

(64) "Process" means the compounding or conversion of marijuana into medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts.

(65) "Process lot" means:

(a) Any amount of cannabinoid concentrate or extract of the same type and processed at the same time using the same extraction methods, standard operating procedures and batches from the same or different harvest lots; or

(b) Any amount of cannabinoid products of the same type and processed at the same time using the same ingredients, standard operating procedures and batches from the same or different harvest lots or process lots of cannabinoid concentrate or extract as defined in subsection (a) of this section.

(66) "Production" or "growing" means:

(a) Planting, cultivating, growing, trimming or harvesting marijuana; or

(b) Drying marijuana leaves or flowers.

(67) "Registry identification card" means a document issued by the Authority under ORS 475C.783 that identifies a person authorized to engage in the medical use of marijuana, and, if the person has a designated primary caregiver under ORS 475C.789, the person’s designated primary caregiver.

(68) "Registry identification cardholder" means a person to whom a registry identification card has been issued under ORS 475C.783(5)(a) and has the same meaning as patient.

(69) "Remuneration" means compensation resulting from the employer-employee relationship, including wages, salaries, incentive pay, sick pay, compensatory pay, bonuses, commissions, stand-by pay, and tips.

(70) "Replacement card" means a new card issued in the event that:

(a) A patient’s registry identification card, a designated primary caregiver’s identification card, an organization or facility caregiver’s identification card or a PRMG’s identification card or grow site registration card is lost or stolen; or

(b) A patient’s designation of primary caregiver, organization or facility caregiver, PRMG or grow site address has changed.

(71) "Residence" means the real property inhabited by a patient for a majority of a calendar year or, if a patient maintains multiple residences, real property inhabited by a patient for the greatest percentage of time within a calendar year.

(72) "Resident" means an individual who has primary domicile within this state.

(73) "Safe" means:

(a) A metal receptacle with a locking mechanism capable of storing all usable marijuana at a registered premises that:

(A) Is rendered immobile by being securely anchored to a permanent structure of the building; or

(B) Weighs more than 750 pounds.

(b) A vault; or

(c) A refrigerator or freezer capable of being locked for storing edibles or other finished products that require cold storage that:

(A) Is rendered immobile by being securely anchored to a permanent structure of the building; or

(B) Weighs more than 750 pounds; and

(C) If it has a glass that makes up part or all of the door or exterior walls, the glass is rated unbreakable.

(74) "Secondary school" means a learning institution containing any combination of grades 9 through 12 and includes those institutions that provide junior high schools which include 9th grade.

(75) "Secure area" means a room:

(a) With doors that are kept locked and closed at all times except when the doors are in use;

(b) Where access is only permitted as authorized in these rules; and

(c) Not visible from outside the room or within public view.

(76) "Supplemental Security Income (SSI)" means the monthly benefit assistance program administered by the federal government for persons who are age 65 or older, or blind, or disabled and who have limited income and financial resources.

(77) "These rules" means OAR 333-008-0010 to 333-008-0750 and 333-008-5000.

(78) "THC" means tetrahydrocannabinol.

(79)(a) "Usable marijuana" means the dried leaves and flowers of marijuana.

(b) "Usable marijuana" does not include:

(A) The seeds, stalks and roots of marijuana; or

(B) Waste material that is a by-product of producing marijuana.

(80) "Vault" means an enclosed area that is constructed of steel-reinforced or block concrete and has a door that contains a multiple-position combination lock or the equivalent, a relocking device or equivalent, and a steel plate with a thickness of at least one-half inch.

(81) "Written documentation" means a statement signed and dated by the attending provider of a person diagnosed with a debilitating medical condition or copies of the person's relevant medical records, maintained in accordance with standard medical record practices.

(82) "Zoned for residential use" means the only primary use allowed outright in the designated zone is residential.

Statutory/Other Authority: ORS 475C.919
Statutes/Other Implemented: ORS 475C.770 – 475C.919
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 63-2024, minor correction filed 06/06/2024, effective 06/06/2024
PH 28-2022, minor correction filed 04/25/2022, effective 04/25/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 282-2018, amend filed 12/20/2018, effective 01/01/2019
PH 235-2018, minor correction filed 08/09/2018, effective 08/09/2018
PH 107-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 16-2015(Temp), f. & cert. ef. 9-22-15 thru 3-19-16
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14
PH 1-2014, f. & cert. ef. 1-13-14
PH 8-2011, f. 9-30-11, cert. ef. 10-1-11
PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
PH 21-2010, f. & cert. ef. 9-13-10
PH 15-2007, f. 12-19-07, cert. ef. 1-1-08
PH 18-2005, f. 12-30-05, cert. ef. 1-1-06
PH 9-2003, f. 6-26-03, cert. ef. 7-1-03
OHD 6-2002, f. & cert. ef. 3-25-02
Reverted to OHD 18-2001, f. & cert. ef. 8-9-01
OHD 19-2001(Temp), f. & cert. ef. 8-10-01 thru 1-31-02
OHD 18-2001, f. & cert. ef. 8-9-01
Reverted to OHD 3-1999, f. & cert. ef. 4-29-99
OHD 13-2000(Temp), f. & cert. ef. 12-21-00 thru 6-15-01
OHD 3-1999, f. & cert. ef. 4-29-99
OHD 15-1998(Temp), f. & cert. ef. 12-24-98 thru 6-22-99

333-008-0020
New Registry Identification Card Application Process

(1) To apply for a registry identification card an individual must submit the following:

(a) An application form, prescribed by the Oregon Health Authority (Authority), signed and dated by the applicant.

(b) A legible copy of the individual’s valid and current government issued photographic identification that includes the applicant’s last name, first name, and date of birth. In lieu of photographic identification, the Authority may in its discretion accept valid and current government issued identification that includes the applicant’s last name, first name, and date of birth from applicants under the age 18 or who have demonstrated barriers to accessing services to obtain a photographic identification. The Authority may request additional documentation to authenticate the non-photographic identification.

(c) An attending provider statement (APS) or written documentation that may consist of relevant portions of the applicant's medical record, signed by the applicant's attending provider within 90 days of the date of receipt by the Authority, which describes the applicant's debilitating medical condition and states that the use of marijuana may mitigate the symptoms or effects of the applicant's debilitating medical condition.

(d) Proof of residency in accordance with OAR 333-008-0022.

(e) If applicable, a completed and notarized "Declaration of Person Responsible for Minor" form for a person under 18 years of age, signed and dated by the minor’s parent or legal guardian.

(f) An application fee as specified in OAR 333-008-0021.

(g) If applicable, documentation required in OAR 333-008-0021 to qualify for a reduced fee.

(2) If the applicant is designating a primary caregiver, the applicant must complete the caregiver portion of the application and submit a legible copy of the designated primary caregiver’s valid government issued photographic identification that includes the caregiver’s last name, first name, and date of birth.

(3) The applicant may also designate an organization or facility caregiver in addition to a designated primary caregiver. To designate an organization or facility caregiver the applicant must submit a completed application on a form provided by the Authority available at www.healthoregon.org/ommp. The application must be submitted to OHA/OMMP PO Box 14450, Portland, OR 97293-0450, and contain at least the following:

(a) The organization or facility’s name, license number and the name of the state agency that licenses the organization or facility;

(b) An attestation signed by an individual who has legal authority to act on behalf of the organization or facility that the organization or facility agrees to the designation;

(c) The name, title, and phone number of the individual signing the attestation; and

(d) The name, title, and phone number of the individual, if different from the individual signing the attestation, who is authorized to purchase or transport marijuana on the patient’s behalf. An individual who is authorized to purchase or transport marijuana on the patient’s behalf must be 18 years of age or older and must submit a legible copy of the individual’s valid government issued photographic identification that includes the last name, first name, and date of birth.

(4) If an applicant intends to produce marijuana for themself or designate another person to produce marijuana for them, the applicant or the individual designated to be the person responsible for a marijuana grow site (PRMG) must complete the grow site registration portion of the application and submit to the Authority:

(a) A legible copy of the designated PRMG’s valid government issued photographic identification that includes the last name, first name, and date of birth.

(b) Information to establish the grow site address. If a grow site has a United States Postal Service (USPS) physical address, that address must be included in the application. If there is no USPS physical address, a grow site address may also be established by providing documentation of:

(A) An assessor’s map number with a map showing the exact location of the grow site;

(B) The name of the city, or if outside of a city, the name of the county in which the grow site is located;

(C) The zip code for the location; and

(D) One or more of the following for the location:

(i) Longitude and latitude coordinates;

(ii) Township coordinates;

(iii) Global positioning system coordinates; or

(iv) The tax lot number.

(c) Information to establish the entirety of the physical location that corresponds to the grow site in accordance with OAR 333-008-0025, that may include but is not limited to the information listed in subsection (4)(b) of this rule.

(d) If the grow site is within city limits, documentation that shows the zoning designation for the grow site address.

(e) Grow site consent.

(A) If the applicant or PRMG is the owner of the premises of the grow site to be registered, submit to the Authority with the application a statement accurately identifying the legal address and owner of the premises or the property owner’s legal representative.

(B) If the applicant or PRMG is not the owner of the premises of the grow site to be registered, the applicant or PRMG shall obtain a consent form prescribed by the Authority identifying the legal address and owner of the premises. The consent form must confirm ownership of the premises and the owner’s consent to the applicant or PRMG’s use of the location for the purpose of a medical marijuana grow site for at least one annual registration and must be signed by the owner of the premises, witnessed by a notary public. This requirement must be satisfied by using the form designed and published by the Authority on its website.

(C) A grow site consent form received by the Authority as outlined in paragraph (A) or (B) of this subsection is only valid for the grower or growers named on the consent form and must not have been terminated prior to its receipt by the Authority.

(D) For purposes of this rule “premises” means the entirety of the physical location that corresponds to the grow site.

(f) Except for a patient producing marijuana for themself at the patient’s residence, the grow site registration fee as specified in OAR 333-008-0021(4), by check and mailed or paid online as outlined in OAR 333-008-0021(7).

(5) Applications must be mailed to the address listed in section (6) of this rule, hand-delivered to the OMMP dropbox at 800 N.E. Oregon St., Portland, Oregon 97232, or submitted electronically through the Authority’s electronic application system available at https://ommpsystem.oregon.gov/ along with accompanying documentation.

(6) The application forms referenced in this rule may be downloaded at www.healthoregon.org/ommp or obtained by contacting OMMP at PO Box 14450, Portland, OR 97293-0450 or by calling 971-673-1234.

(7) Acceptable forms of current government issued photographic identification include but are not limited to:

(a) Driver's license;

(b) State identification card;

(c) Passport; or

(d) Military identification card.

Statutory/Other Authority: ORS 475C.783, 475C.791 & 475C.919
Statutes/Other Implemented: ORS 475C.783
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 54-2022, minor correction filed 05/10/2022, effective 05/10/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 108-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 20-2014, f. & cert. ef. 7-11-14
PH 16-2014, f. & cert. ef. 6-5-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14
PH 1-2014, f. & cert. ef. 1-13-14
PH 9-2013(Temp), f. & cert. ef. 10-2-13 thru 3-30-14
PH 8-2011, f. 9-30-11, cert. ef. 10-1-11
PH 27-2010, f. & cert. ef. 12-28-10
PH 14-2010(Temp), f. & cert. ef. 7-6-10 thru 12-31-10
PH 15-2007, f. 12-19-07, cert. ef. 1-1-08
PH 18-2005, f. 12-30-05, cert. ef. 1-1-06
PH 17-2005, f. 11-25-05, cert. ef. 12-1-05
PH 38-2004, f. 12-22-04, cert. ef. 1-1-05
PH 9-2003, f. 6-26-03, cert. ef. 7-1-03
OHD 6-2002, f. & cert. ef. 3-25-02
Reverted to OHD 18-2001, f. & cert. ef. 8-9-01
OHD 19-2001(Temp), f. & cert. ef. 8-10-01 thru 1-31-02
OHD 18-2001, f. & cert. ef. 8-9-01
Reverted to OHD 3-1999, f. & cert. ef. 4-29-99
OHD 13-2000(Temp), f. & cert. ef. 12-21-00 thru 6-15-01
OHD 3-1999, f. & cert. ef. 4-29-99

333-008-0021
Patient and Person Responsible for a Marijuana Grow Site (PRMG) New and Renewal Fees

(1) All fees referenced in this rule are non-refundable.

(2) New and Renewal Application Fee. A patient must pay a $200 application fee unless the applicant qualifies for a reduced or waived fee under section (3) of this rule.

(3) Reduced Fees.

(a) An applicant receiving supplemental security income (SSI) benefits: $20. In order to qualify for the reduced fee the applicant must submit at the time of application a copy of a current monthly SSI benefit statement showing dates of coverage.

(b) An applicant enrolled in Oregon Health Plan (OHP): $50. In order to qualify for the reduced fee the applicant must submit a copy of the applicant's current eligibility statement or card.

(c) An applicant receiving food stamp benefits through the Oregon Supplemental Nutrition Assistance Program (SNAP): $60. In order to qualify for the reduced fee the applicant must submit at the time of application current proof of his or her food stamp benefits.

(d) An applicant who has served in the Armed Forces of the United States: $20. In order to qualify for the reduced fee the applicant must provide proof of having served in the Armed Forces, such as but not limited to, submitting a Veteran’s Administration form DD-214.

(e) An applicant who served in the Armed Forces of the United States and has a total disability rating of at least 50 percent as a result of an injury or illness that the veteran incurred or that was aggravated during active military service and who received a discharge or release under other than dishonorable conditions: $0. To qualify for the fee waiver the applicant must provide proof of meeting the qualifications for the waived fee, such as but not limited to submitting a Veteran’s Administration Summary of Benefits letter. This only applies to applications received by OMMP on and after January 1, 2022.

(f) The Authority shall notify an applicant who submits a reduced or waived application fee if the applicant is not eligible for the reduced or waived fee and will allow the applicant 14 calendar days from the date of notice to pay the correct application fee or submit current valid proof of eligibility for a reduced or waived fee.

(4) Grow Site Registration Fee: $200.

(5) Cannabis Tracking System (CTS) User Fee: $480.

(6) Replacement Card Fees. If a patient, designated primary caregiver or person responsible for a marijuana grow site (PRMG) needs to obtain a replacement card the fee is $100. If the patient qualifies for a reduced application fee of $20, the fee to receive any of the replacement cards is $20. If the patient qualifies for a waived fee, the fee to receive any of the replacement cards is waived.

(7) All application fees must be paid at the time a new or renewal application is submitted, or when an application to add or change a PRMG is submitted under OAR 333-008-0047.

(a) Patient application fees may be paid:

(A) In the form of bank check, money order, or personal check and be sent by mail to the address found in OAR 333-008-0020(5). The Authority does not accept responsibility for payments that are lost in the mail or stolen in transit.

(B) Online in a manner prescribed on the Authority’s website, www.healthoregon.org/ommp. Applications being submitted electronically through the Oregon Medical Marijuana Online System must be paid online.

(b) Grow site registration fees may be paid by check and be sent by mail or paid online by going to https://ommpsystem.oregon.gov/.

(8) When required, the CTS User Fee is to be paid annually online by going to https://ommpsystem.oregon.gov/.

Statutory/Other Authority: ORS 475C.783, 475C.792 & 475C.919
Statutes/Other Implemented: ORS 475C.783
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 55-2022, minor correction filed 05/10/2022, effective 05/10/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 109-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0022
Proof of Residency

(1) In order to be approved for a registry identification card, an applicant must be a resident of Oregon.

(2) If an applicant for a registry identification card does not have a valid Oregon driver license or Oregon identification card, the applicant must demonstrate that they are a resident of Oregon by submitting sufficient documentation such as but not limited to a current lease agreement or current utility bill that has the applicant’s name and address.

(3) Residency must be maintained by patients while registered with the Authority.

Statutory/Other Authority: ORS 475C.783, 475C.792 & 475C.919
Statutes/Other Implemented: ORS 475C.783
History:
PH 56-2022, minor correction filed 05/10/2022, effective 05/10/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 110-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0023
Patient Application Review Process

(1) The Authority must review a patient application to determine if it is complete.

(2) If an applicant does not provide all the information required in OAR 333-008-0020(1) or pay the applicable fee the Authority will reject the application as incomplete.

(3) If an applicant does not provide all the information required in OAR 333-008-0020(2) and (3), the Authority must notify the applicant of the information that is missing and allow the applicant 14 calendar days to submit the missing information.

(4) The Authority may verify the information on each application, verify any accompanying documentation submitted with an application, or request additional information from the applicant or other individuals named on the application.

(5) If the Authority is unable to verify that the applicant's attending provider meets the definition under OAR 333-008-0010 the applicant will be allowed 30 days to submit a new APS or written documentation from an attending provider meeting the requirements of these rules. Failure to submit the required attending provider documentation is grounds for denial under ORS 475C.783(8) and OAR 333-008-0035.

(6) If an applicant fails to submit information necessary for the Authority to verify information on the application, fails to submit information necessary to verify any accompanying documentation submitted with an application, or fails to cooperate with the Authority in obtaining information related to the application review process, such as but not limited to refusing to sign a disclosure authorization within timeframes established by the Authority, the Authority will reject the application as incomplete.

(7) An applicant whose application is rejected as incomplete may reapply at any time. If the individual reapplies within a year the application fee may be applied toward a new application.

(8) Upon receipt of a complete application, including payment of the required application fee, the Authority must issue a receipt to the applicant verifying that a complete application has been received. A receipt issued under this section has the same legal effect as a registry identification card for 30 days following the date on which the receipt was issued to the applicant. A receipt is only valid for the individual that submitted the application and not a proposed designated primary caregiver, proposed organization or facility caregiver, or proposed PRMG.

(9) The Authority shall approve or deny an application within 30 days after receiving a complete application.

Statutory/Other Authority: ORS 475C.783 & 475C.919
Statutes/Other Implemented: ORS 475C.783
History:
PH 57-2022, minor correction filed 05/10/2022, effective 05/10/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 111-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0025
Person Responsible for a Marijuana Grow Site Criteria; Grow Site Registration Application Review Process

(1) In order to be a PRMG an individual must:

(a) Be 21 years of age or older.

(b) Not have been convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II:

(A) Within the previous two years; or

(B) More than once.

(2) An applicant is ineligible to be designated as a PRMG if the individual fails to satisfy all of the requirements in section (1) of this rule.

(3) Prior to approval, an applicant must establish with the Authority the entirety of the physical location that corresponds to the grow site address.

(a) A physical location may not be artificially subdivided into separate grow sites with different grow site addresses.

(b) An applicant may submit documentation from the local government to demonstrate that a location is lawfully recognized as a separate occupancy.

(4) The Authority may not designate a grow site if the applicant fails to provide sufficient evidence to establish the entirety of the physical location that corresponds to the grow site address.

(5) The Authority may reevaluate the entirety of the physical location that corresponds to the grow site address of a registered grow site at any time.

(6) A physical location may correspond to only one grow site address.

(7) In addition to the application review required in OAR 333-008-0023 the Authority must:

(a) Conduct a criminal background check on any PRMG.

(b) Verify the PRMG’s age.

(c) Verify the zoning of the grow site if the grow site is within city limits.

(d) Determine the number of plants that are permitted at the grow site address.

(8) The Authority may verify that the owner of the grow site location signed the form consenting to the grow site registration submitted pursuant to OAR 333-008-0020(4)(e).

(9) Unless the Authority has received a request for a grandfathered grow site address under OAR 333-008-0500, and except as provided in section (10) of this rule the grow site plant limits are as follows:

(a) For a grow site located within city limits and zoned residential, a maximum of:

(A) Twelve mature marijuana plants;

(B) Twenty-four immature marijuana plants that are 24 inches or more in height; and

(C) Seventy-two immature marijuana plants that are less than 24 inches in height.

(b) For a grow site located within city limits but not zoned residential or outside city limits, a maximum of:

(A) Forty-eight mature marijuana plants;

(B) Ninety-six immature marijuana plants that are 24 inches or more in height; and

(C) Two hundred eighty-eight immature marijuana plants that are less than 24 inches in height.

(10) A grow site located at a patient’s residence where the patient or the patient’s designated primary caregiver produces marijuana may not have more than 12 mature marijuana plants and 24 immature marijuana plants and cannot be a grandfathered grow site. The marijuana plant numbers include any plants permitted under ORS 475C.305.

(11) The Authority must notify a patient if a PRMG or a grow site fails to satisfy any of the requirements for registration and the patient will be allowed 14 calendar days to identify another PRMG or grow site in accordance with OAR 333-008-0047. If the patient does not identify another PRMG or grow site eligible for registration under these rules the Authority will issue the patient’s card without a designated PRMG or grow site.

(12) The Authority shall consider the PRMG and grow site registration portion of the application to be incomplete if:

(a) The grow site registration fee is not paid at the time of application or within 14 calendar days of the Authority notifying the PRMG that payment is due.

(b) An informed consent form is not submitted at the time of application if required by OAR 333-008-0020(4)(e).

Statutory/Other Authority: ORS 475C.792 & 475C.919
Statutes/Other Implemented: ORS 475C.792
History:
PH 58-2022, minor correction filed 05/10/2022, effective 05/10/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 112-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 16-2015(Temp), f. & cert. ef. 9-22-15 thru 3-19-16
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14
PH 8-2011, f. 9-30-11, cert. ef. 10-1-11
PH 15-2007, f. 12-19-07, cert. ef. 1-1-08
PH 18-2005, f. 12-30-05, cert. ef. 1-1-06

333-008-0030
Approval of New and Renewal Patient Applications

(1) If the Authority approves a patient application, the Authority shall issue a serially numbered registry identification card to the patient within five business days.

(2) The registry identification card must include, but is not limited to:

(a) The patient's name, address, and date of birth;

(b) The effective date, date of issuance, and expiration date of the registry identification card; and

(c) The designated primary caregiver's name, address, and date of birth, if applicable.

(3) If a patient has specified a designated primary caregiver the Authority shall issue an OMMP identification card for the designated primary caregiver.

(4) If a patient has specified an organization or facility caregiver the Authority shall issue an OMMP identification card for the organization or facility caregiver.

(5) An individual designated by a patient as a designated primary caregiver or an organization or facility caregiver designated under OAR 333-008-0020(3) may not exercise any duty, function or power under ORS 475C.770 to 475C.919 until the Authority has issued the individual, organization or facility an OMMP identification card under section (3) of this rule.

Statutory/Other Authority: ORS 475C.783, ORS 475C.919 & ORS 475C.791
Statutes/Other Implemented: ORS 475C.783
History:
PH 59-2022, minor correction filed 05/10/2022, effective 05/10/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 113-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 8-2011, f. 9-30-11, cert. ef. 10-1-11
PH 21-2010, f. & cert. ef. 9-13-10
PH 15-2007, f. 12-19-07, cert. ef. 1-1-08
PH 18-2005, f. 12-30-05, cert. ef. 1-1-06
Reverted to OHD 6-2002, f. & cert. ef. 3-25-02
PH 12-2004(Temp), f. & cert. ef. 4-1-04 thru 8-2-04
OHD 6-2002, f. & cert. ef. 3-25-02
Reverted to OHD 18-2001, f. & cert. ef. 8-9-01
OHD 21-2001(Temp), f. & cert. ef. 10-12-01 thru 1-31-02
OHD 19-2001(Temp), f. & cert. ef. 8-10-01 thru 1-31-02
OHD 18-2001, f. & cert. ef. 8-9-01
OHD 3-1999, f. & cert. ef. 4-29-99

333-008-0033
Approval of New or Renewal Person Responsible for a Marijuana Grow Site (PRMG) and Grow Site Application; Change of PRMG

(1) An individual is not authorized to produce marijuana for a patient at a grow site until the Oregon Health Authority (Authority) has registered the grow site and issued a grow site registration card and a person responsible for a marijuana grow site (PRMG) identification card.

(2) The Authority must register a PRMG and a grow site listed on an application, except as provided in section (8) of this rule, if:

(a) The PRMG:

(A) Meets the age requirements;

(B) Passes the criminal background check;

(C) Has not violated a provision of ORS 475C.770 to 475C.919, ORS 475C.574, ORS 475C.640, OAR chapter 333, division 7, these rules, or an ordinance adopted pursuant to ORS 475C.897; and

(D) Pays the applicable fee.

(b) The applicant submits sufficient evidence to establish the grow site address and the entirety of the physical location that corresponds to the grow site address.

(c) The owner of the premises or the property owner’s legal representative of the grow site signed a consent form in accordance with OAR 333-008-0020(4)(e), as applicable.

(3) If the Authority registers a marijuana grow site it will issue an identification card and a grow site registration card that contains at least the following information:

(a) The PRMG's name, date of birth, and identification card number.

(b) The effective date and expiration date of the identification card.

(c) The grow site address.

(d) The patient’s registry identification card number.

(4) A PRMG, except for a patient growing only for themself at the patient’s residence who is not transferring usable marijuana, seeds or immature plants to a registered processing site or dispensary, must create an online account with the Authority through which the individual must at a minimum submit the information required in OAR 333-008-0630.

(5) A PRMG is responsible for knowing how many immature and mature marijuana plants are legally permitted at the grow site address.

(6) The Authority shall also notify a patient if the PRMG and grow site have been approved.

(7) The Authority may only register one grow site per patient, and may only register grow sites in Oregon.

(8) A grow site that has failed to track in the Cannabis Tracking System (CTS) as provided in ORS 475C.871 and these rules may be denied renewal.

Statutory/Other Authority: ORS 475C.792, 475C.919 & 475C.871
Statutes/Other Implemented: ORS 475C.792 & 475C.871
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 168-2022, minor correction filed 08/02/2022, effective 08/02/2022
PH 60-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 262-2018, minor correction filed 11/28/2018, effective 11/28/2018
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 114-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0035
Denial of Patient Application

(1) The Authority may deny a new or renewal patient application if:

(a) The applicant or patient did not provide the information required to be submitted in OAR 333-008-0020;

(b) The Authority determines that the information provided was falsified;

(c) The Authority determines that the applicant or patient violated a provision of ORS 475C.770 to 475C.919, ORS 475C.574, ORS 475C.640, OAR chapter 333, division 7, these rules, or an ordinance adopted pursuant to ORS 475C.897.

(2) An individual whose application is denied may not reapply for at least six months from the date of the denial unless otherwise authorized by the Authority.

Statutory/Other Authority: ORS 475C.783 & 475C.919
Statutes/Other Implemented: ORS 475C.783
History:
PH 61-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 115-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0037
Denial of Designation of Caregiver or Person Responsible for a Marijuana Grow Site; Denial of Grow Site Registration

(1) The Authority may deny a designation of a primary caregiver made under ORS 475C.789 or an organization or facility caregiver made under ORS 475C.791 if the Authority determines that the designee or the patient violated a provision of ORS 475C.770 to 475C.919, ORS 475C.574, 475C.640, OAR chapter 333, division 7, these rules, or an ordinance adopted pursuant to ORS 475C.897.

(2) A person whose designation has been denied may not be designated as a caregiver under ORS 475C.789 or 475C.791 for six months from the date of the denial unless otherwise authorized by the Authority.

(3) The Authority may deny a designation of a PRMG if the Authority determines that the applicant or the PRMG violated a provision of ORS 475C.770 to 475C.919, 475C.574, 475C.640, OAR chapter 333, division 7, these rules, or an ordinance adopted pursuant to ORS 475C.897.

Statutory/Other Authority: ORS 475C.783, 475C.792 & 475C.919
Statutes/Other Implemented: ORS 475C.783 & 475C.792
History:
PH 62-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 116-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0040
Annual Renewal

(1) A patient shall register on an annual basis to maintain active registration status by submitting:

(a) A renewal application prescribed by the Authority;

(b) An APS signed by the patient's attending provider within 90 days prior to the expiration date of the patient's current card, reconfirming the patient's debilitating medical condition and that the medical use of marijuana mitigates the symptoms of the patient's debilitating medical condition, except as provided in section (2) of this rule; and

(c) The additional information and fees required in OAR 333-008-0020 except that government issued photographic identification for a grower, caregiver or patient is not required to be resubmitted if the applicant previously submitted identification that is unexpired at the time the renewal application is received and the same caregiver or grower is being designated on the patient application as the previous year .

(2) A patient who meets the following criteria and provides documentation of meeting the criteria in accordance with instructions on the renewal application form is not required to submit an APS as described in subsection (1)(b) of this rule:

(a) Has been assigned a total and permanent disability rating for compensation that rates the veteran as unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities as described in 38 C.F.R. 4.16; or

(b) Has a United States Department of Veterans Affairs total disability rating of 100 percent as a result of an injury or illness that the veteran incurred, or that was aggravated, during active military service and who received a discharge or release under other than dishonorable conditions.

(3) A renewal application may be submitted by mail at PO Box 14450, Portland, OR 97293-0450 or in person at the OMMP drop box located at 800 N.E. Oregon St., Portland, OR 97232 or submitted electronically through the Authority’s electronic application system available at https://ommpsystem.oregon.gov/ along with accompanying documentation.

(4) Between 60 to 90 calendar days prior to expiration, the Authority shall notify the patient of the upcoming expiration date.

(5) If a renewal application and accompanying information is not received by the expiration date on the patient’s card, the patient's card and all other associated OMMP identification cards, if any, are expired.

(6) Upon receipt of a complete renewal application, including payment of the required application fee, the Authority must issue a receipt to the applicant verifying that a complete renewal application has been received. A receipt issued under this section has the same legal effect as a registry identification card for 30 days following the date on which the receipt was issued to the applicant.

(7) The Authority shall review and verify the renewal application information in the same manner as specified in OAR 333-008-0023 and 333-008-0025 and shall reject as incomplete, approve, or deny the application in accordance with OAR 333-008-0030 to 333-008-0037, as applicable.

(8) If a patient has submitted a complete renewal application and paid the applicable fees prior to the patient’s card expiring but the Authority has not yet issued the patient a renewal card, for purposes of the Oregon Medical Marijuana Act the patient and any of the patient’s designees if designated on the prior registration for that patient will be considered by the Authority to have valid cards until the Authority acts on the renewal application.

Statutory/Other Authority: ORS 475C.783, 475C.789, ORS 475C.792 & 475C.919
Statutes/Other Implemented: ORS 475C.783, 475C.789 & 475C.792
History:
PH 63-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 117-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 8-2011, f. 9-30-11, cert. ef. 10-1-11
PH 27-2010, f. & cert. ef. 12-28-10
PH 21-2010, f. & cert. ef. 9-13-10
PH 15-2007, f. 12-19-07, cert. ef. 1-1-08
PH 18-2005, f. 12-30-05, cert. ef. 1-1-06
PH 9-2003, f. 6-26-03, cert. ef. 7-1-03
OHD 3-1999, f. & cert. ef. 4-29-99

333-008-0045
Notification of Changes

(1) Patient notification responsibilities.

(a) A patient must notify the Oregon Health Authority (Authority) within 10 calendar days of any change in the patient's name, mailing address, electronic mail address, telephone number, attending provider, designated primary caregiver, organization or facility caregiver, person responsible for a marijuana grow site (PRMG), grow site address or residency, on a form prescribed by the Authority.

(b) If the patient is designating a caregiver for the first time or designating a different caregiver, the patient must include all the information and documentation specified in the form and required under OAR 333-008-0020.

(c) If the patient is designating an organization or facility caregiver for the first time or designating a different organization or facility caregiver, the patient must include all the information and documentation specified in the form and required under OAR 333-008-0020.

(d) If a patient is adding or changing a PRMG or grow site address the patient must comply with OAR 333-008-0047.

(e) Any change in ownership of the premises where the grow site is located if the patient or PRMG is not the owner of the premises or is no longer the owner of the premises.

(f) A patient must notify the Authority in writing within 10 calendar days if their registry identification card is lost or stolen.

(2) Caregiver notification responsibilities. A designated primary caregiver must notify the Authority within 10 calendar days:

(a) Of any change in the caregiver name, mailing address, electronic mail address, or telephone number.

(b) If their Oregon Medical Marijuana Program (OMMP) identification card is lost or stolen.

(3) Organization or facility caregiver notification responsibilities. An organization or facility caregiver must notify the Authority within 10 calendars days:

(a) Of any change to information required on the application in OAR 333-008-0020(3).

(b) If their OMMP identification card is lost or stolen.

(4) Person responsible for a marijuana grow site notification responsibilities. A PRMG must notify the Authority within 10 calendar days of:

(a) Any change in the person’s name, mailing address, electronic mail address, or telephone number.

(b) A conviction of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II.

(c) Any change in ownership of the premises where the grow site is located if the PRMG or the patient is not the owner of the premises or is no longer the owner of the premises.

(5) Request to terminate registration.

(a) If the Authority is notified in writing by the patient that the patient has terminated the designation of a primary caregiver or a PRMG the Authority must notify the individuals confirming the termination, informing the individual that his or her card is no longer valid, and requesting that the card be returned to the Authority within seven calendar days. In addition, the Authority must notify the PRMG whether the termination affects the person’s ability to produce marijuana for other patients at the grow site address, in accordance with ORS 475C.806(6).

(b) If the Authority is notified in writing by a patient’s caregiver or PRMG that they wish to be removed from the patient’s registration the Authority will notify the individual and their patient confirming the removal of registration and request that the card of the person being terminated be returned to the Authority within seven calendar days.

(c) A registration is not terminated until the Authority provides notification to the requesting individual confirming the termination.

(6) Change in Medical Condition.

(a) If an attending provider notifies the Authority that a patient no longer has a debilitating medical condition or that that the medical use of marijuana is contraindicated for the patient's debilitating medical condition, the Authority must notify the patient that the patient’s registry identification card will be invalid 30 days from the date of the notification unless the patient submits within 30 calendar days an attending provider statement (APS) or written documentation that may consist of relevant portions of the individual's medical record, signed by the individual’s attending provider within the previous 90 days, which states the individual has been diagnosed with a debilitating medical condition and that the use of marijuana may mitigate the symptoms or effects of the individual's debilitating medical condition.

(b) If, due to circumstances beyond the patient’s control he or she is unable to submit the documentation in subsection (a) of this section, the Authority may, upon receiving a written request from the patient, grant the patient additional time to obtain a second opinion. The Authority must notify the patient how much additional time the patient has to submit the documentation.

(7) Change in grow site ownership.

(a) If the Authority is notified of a change in ownership described in subsection (1)(d) or (3)(c) of this rule, the patient or PRMG must submit a signed consent form as described in OAR 333-008-0020(4)(e). The consent form must be received by the Authority within 30 days of the change in ownership.

(b) If a consent form is not timely submitted as described in subsection (a) of this section:

(A) The Authority shall notify the patient that the grow site is ineligible for registration and the patient will be allowed 14 calendar days to identify another PRMG or grow site in accordance with OAR 333-008-0047;

(B) If the patient does not designate another grow site as described in paragraph (A) of this subsection, the Authority shall revoke the PRMG’s registration and grow site registration.

(8) If a patient does not intend to submit the information or does not submit the information required in section (6) of this rule within the timeframes established by the Authority, the Authority must notify:

(a) The patient that the patient’s card must be returned within seven calendar days; and

(b) If applicable, the patient’s designated primary caregiver, organization or facility caregiver, and PRMG that those identification cards must be returned within seven calendar days.

(9) The Authority will review and approve or deny a caregiver designation or change in caregiver designation requested under this rule in accordance with OAR 333-008-0023 to 333-008-0037, as applicable.

(10) Change forms may only be submitted to the Authority via mail at PO Box 14450, Portland, OR 97293-0450 or in person at the OMMP drop box located at 800 N.E. Oregon St., Portland, OR 97232 and must be accompanied by any applicable fee as specified in OAR 333-008-0021.

Statutory/Other Authority: ORS 475C.783, 475C.789, ORS 475C.792 & 475C.919
Statutes/Other Implemented: ORS 475C.783, 475C.789 & 475C.792
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 17-2023, minor correction filed 04/18/2023, effective 04/18/2023
PH 64-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 118-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14
PH 1-2014, f. & cert. ef. 1-13-14
PH 8-2011, f. 9-30-11, cert. ef. 10-1-11
PH 27-2010, f. & cert. ef. 12-28-10

333-008-0047
Interim Addition or Change of Person Responsible for a Marijuana Grow Site or Grow Site Address

(1) If a patient is adding a PRMG and grow site address at any time other than when applying for a new or renewal registry identification card, or if a patient is changing a PRMG or grow site address at any time other than when submitting a renewal application for a patient identification card, the patient must:

(a) Submit a PRMG and grow site registration change application, on a form prescribed by the Authority, that includes all the information and documentation specified in the form and required under OAR 333-008-0020(4); and

(b) Pay the fee required in OAR 333-008-0021 unless the PRMG is a patient growing only for him or herself.

(2) A PRMG and grow site registration change application shall be reviewed in accordance with OAR 333-008-0025 and approved or denied in accordance with OAR 333-008-0033 or 333-008-0037.

Statutory/Other Authority: ORS 475C.783, 475C.789, ORS 475C.792 & 475C.919
Statutes/Other Implemented: ORS 475C.783, 475C.789 & 475C.792
History:
PH 65-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 119-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0049
Timely Submission to the Oregon Health Authority

If an applicant or an individual or entity designated on an application, patient, designated primary caregiver, organization or facility caregiver or PRMG is required to submit information or documentation to the Authority by a particular deadline it must be received by the Authority, regardless of the method used, by 5 p.m. Pacific Time.

Statutory/Other Authority: ORS 475C.919
Statutes/Other Implemented: ORS 475C.919
History:
PH 66-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 120-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0080
Permissible Amounts of Medical Marijuana for Patients and Caregivers

(1) A patient, the patient's designated primary caregiver or organization or facility caregiver may jointly possess up to six mature marijuana plants, 12 immature marijuana plants, and 24 ounces of usable marijuana.

(2) A patient or the patient’s designated primary caregiver or organization or facility caregiver may only possess cannabinoid products, concentrates or extracts in the amounts described in ORS 475C.305.

(3) A patient and designated primary caregiver or organization or facility caregiver must have in their possession, their registry identification card or OMMP identification card when transporting marijuana.

(4) A patient must have, in the patient’s possession, their registry identification card when using marijuana in a location other than the residence of the cardholder.

Statutory/Other Authority: ORS 475C.809
Statutes/Other Implemented: ORS 475C.809
History:
PH 67-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 121-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 8-2011, f. 9-30-11, cert. ef. 10-1-11
PH 21-2010, f. & cert. ef. 9-13-10
PH 15-2007, f. 12-19-07, cert. ef. 1-1-08
PH 18-2005, f. 12-30-05, cert. ef. 1-1-06
OHD 18-2001, f. & cert. ef. 8-9-01
OHD 3-1999, f. & cert. ef. 4-29-99

333-008-0085
Designated Primary Caregivers and Organization or Facility Caregivers

(1) A designated primary caregiver may assist their patient with any matter related to the medical use of marijuana, including:

(a) The production of marijuana at the address provided by the patient to the Oregon Health Authority pursuant to ORS 475C.783(2)(f); and

(b) The processing of marijuana into cannabinoid concentrates or medical cannabinoid products.

(2) If a designated primary caregiver is primarily responsible for the production of marijuana for the patient, the caregiver must also be designated as the patient’s person responsible for a marijuana grow site (PRMG).

(3) A designated primary caregiver may not:

(a) Process marijuana extracts for a patient unless the caregiver is registered as a processing site under ORS 475C.815.

(b) Transfer cannabinoid concentrates or cannabinoid products to a dispensary or a medical marijuana processor, except as permitted under ORS 475C.827.

(c) Make a purchase at a dispensary or marijuana retailer using their Oregon Medical Marijuana Program (OMMP) registry card for someone other than the patient that designated them as their caregiver.

(4) Unless otherwise specified in ORS 475C.770 to 475C.919 or these rules, an organization or facility caregiver:

(a) Has all the duties, functions and powers of a designated primary caregiver as prescribed by ORS 475C.770 to 475C.919; and

(b) Is subject to rules applicable to a designated primary caregiver.

Statutory/Other Authority: ORS 475C.919
Statutes/Other Implemented: ORS 475C.786 & ORS 475C.827
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 68-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 122-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, adopt filed 12/22/2017, effective 01/01/2018

333-008-0090
Addition of Qualifying Diseases or Medical Conditions

(1) For the purposes of this rule, the following definitions apply:

(a) DSM means the latest published edition of Diagnostic and Statistical Manual of Mental Disorders.

(b) ICD means the most recent revision of the International Classification of Diseases published by the United Nations-sponsored World Health Organization that provides codes, up to six characters long, to classify diseases and a variety of signs, symptoms, abnormal findings, complaints, social circumstances, and external causes of injury or disease.

(c) Peer-reviewed published scientific study means that a study has been cited by the Cochrane Review, the Institute of Medicine, or PubMed Central.

(d) Petitioner means an individual who has filed a petition in accordance with ORS 475C.913 and this rule.

(e) State Public Health Officer (SPHO) means the individual appointed by the Director of the Authority in accordance with ORS 431.045, or his or her designee.

(2) The Authority shall accept a written petition from any person requesting that a particular disease or condition be included among the diseases and conditions that qualify as a debilitating medical condition under ORS 475C.777.

(a) A petition may only request a single disease or condition be added as a debilitating medical condition. A separate petition must be submitted for each disease or condition proposed to be added as a debilitating medical condition.

(b) A petition must be submitted by mail using a form prescribed by the Authority and must include, along with the form, the following in an electronic format (e.g. compact disc (CD) or thumb drive):

(A) A specific description of the disease or condition proposed to be added and its characteristics, including the applicable ICD code or the specific diagnosis as described in the DSM;

(B) A general explanation of how or why the petitioner believes marijuana would mitigate the symptoms or effects of the disease or condition that is the subject of the petition; and

(C) At least one peer-reviewed published scientific study showing the efficacy in humans for use of medical marijuana for the disease or condition that is the subject of the petition.

(c) A petitioner may also include with the information required to be submitted in subsection (2)(b) of this rule letters of support from physicians or other licensed health care professionals knowledgeable about the disease or condition proposed to be added, and any other information the petitioner believes the SPHO should review in considering the petition.

(d) If a petitioner submits a petition to add the same or a substantially equivalent disease or condition that was the subject of a petition that was denied by the SPHO within the last five years from the date a new petition is submitted, a petitioner must submit at least one peer-reviewed published scientific study that was published since the date the SPHO denied the previous petition for the same or substantially equivalent disease or condition.

(e) A petition may not contain individually identifiable health information as that is defined in ORS 433.443 unless any individual identified in relation to health information submits an Authorization for Use and Disclosure of Information on a form prescribed by the Authority. A petition that contains individually identifiable health information that is submitted without the required authorization must be returned to the petitioner as incomplete.

(f) A petition that does not contain all the information required by section (2) of this rule shall be returned to the petitioner as incomplete. A petition returned as incomplete is not considered a denial for purposes of subsection (2)(d) of this rule.

(3) If the petitioner has submitted a petition with all the information required in section (2) of this rule, the SPHO must:

(a) Assign a petition number to the petition;

(b) Notify the petitioner by certified mail that the petition has been accepted;

(c) Post a notice, a copy of the petition and materials submitted by the petitioner on the Authority's website announcing that the petition has been accepted and is under consideration, and solicit information from individuals or organizations concerning experts in cannabis therapeutics and scientific studies, including but not limited to peer-reviewed published scientific studies;

(d) Notify the Oregon Cannabis Commission (OCC) by electronic mail that the petition is under consideration, and request from the OCC recommendations regarding relevant experts and information pertinent to the petition;

(e) Conduct an investigation that may, as the SPHO determines necessary, include:

(A) Consulting with one or more experts in cannabis therapeutics and one or more experts on the disease or condition that is the subject of the petition;

(B) Requesting a literature review and a summary of peer-reviewed published scientific studies related to the use of marijuana for the disease or condition that is the subject of the petition, from neutral persons knowledgeable about conducting such reviews; and

(C) Gathering any other information the SPHO believes relevant to making a decision on the petition.

(f) Hold a public hearing at a time and place determined by the SPHO. At the public hearing the petitioner shall have the opportunity to address the SPHO in person or by telephone. Written comments shall be accepted by the SPHO for one week following the close of the public hearing.

(4) Following the investigation identified in subsection (3)(e) of this rule and the close of the public comment period specified in subsection (3)(f) of this rule, the SPHO must issue a Notice of Intent to either approve or deny the petition.

(a) The SPHO must issue a Notice of Intent to Approve the petition if, based on the evidence presented to and considered by the SPHO, the SPHO finds that:

(A) Marijuana is efficacious for the disease or condition that is the subject of the petition or marijuana may mitigate the symptoms or effects of the disease or condition that is the subject of the petition; and

(B) Any risk of physical or mental harm from using marijuana for the disease or condition that is the subject of the petition is outweighed by the physical or mental benefit of using marijuana for that disease or condition.

(b) The SPHO must issue a Notice of Intent to Deny the petition if the SPHO determines that the evidence presented to and considered by the SPHO does not meet the standards established in subsection (4)(a) of this rule.

(c) The Notice of Intent must be in writing and must describe all evidence and information upon which the decision of the SPHO is based, including the identity and credentials of all experts relied upon.

(d) If the Authority issues a Notice of Intent to Deny the petitioner is entitled to a contested case hearing as provided under ORS chapter 183. The petitioner has 30 days to request a hearing.

(5) At a contested case hearing, the petitioner has the burden of proving the decision of the SPHO was without a reasonable basis in fact.

(6) The SPHO must issue a final order within 180 days of receipt of a complete petition.

(7) A petitioner may withdraw his or her petition without prejudice at any time prior to the public hearing specified in subsection (3)(f) of this rule. A petition withdrawn after the public hearing specified in subsection (3)(f) of this rule shall be deemed denied for purposes of this rule.

Statutory/Other Authority: ORS 475C.913 & 475C.919
Statutes/Other Implemented: ORS 475C.913
History:
PH 69-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 123-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 18-2012, f. 12-26-12, cert. ef. 1-1-13
PH 15-2007, f. 12-19-07, cert. ef. 1-1-08
PH 18-2005, f. 12-30-05, cert. ef. 1-1-06
OHD 6-2002, f. & cert. ef. 3-25-02
OHD 18-2001, f. & cert. ef. 8-9-01
OHD 3-1999, f. & cert. ef. 4-29-99

333-008-0110
Oregon Cannabis Commission

(1) In addition to any other duty prescribed by law, the Oregon Cannabis Commission (OCC) shall:

(a) Provide advice to the Authority with respect to the administration of ORS 475C.770 to 475C.919, including rules and fees adopted and proposed for adoption under ORS 475C.770 to 475C.919;

(b) Provide advice to the Oregon Liquor and Cannabis Commission with respect to the administration of ORS 475C.005 to 475C.525, insofar as those statutes pertain to patients and designated primary caregivers, as those terms are defined in ORS 475C.777;

(c) Develop a long-term strategic plan for ensuring that cannabis will remain a therapeutic option for persons with debilitating medical conditions as defined in ORS 475C.777;

(d) Develop a long-term strategic plan for ensuring that cannabis will remain affordable for persons with debilitating medical conditions as defined in ORS 475C.777; and

(e) Monitor and study federal laws, regulations and policies regarding marijuana.

(2) The Authority will provide staff support to the OCC by assisting with the scheduling of meetings, recording of minutes, and dissemination of meeting-related materials.

Statutory/Other Authority: ORS 475C.930 - 475C.939
Statutes/Other Implemented: ORS 475C.930 - 475C.939
History:
PH 70-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 124-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 15-2007, f. 12-19-07, cert. ef. 1-1-08
PH 18-2005, f. 12-30-05, cert. ef. 1-1-06

333-008-0500
Request for Grandfathered Grow Site

(1) An individual or group of individuals may submit a petition, on a form prescribed by the Authority, requesting that a grow site be approved as a grandfathered grow site.

(2) A petition submitted under section (1) of this rule must include:

(a) For all individuals currently growing at the grow site:

(A) Names and contact information.

(B) Copies of legible and valid government issued photographic identification that includes last name, first name, and date of birth.

(C) Copies of all current grow site registration cards issued to the PRMG for the grow site.

(D) An attestation that the PRMG was registered at the grow site on December 31, 2014, and has continuously been registered at the grow site since that date.

(b) The physical address of the grow site where marijuana is being produced or intending to be produced.

(c) Documentation from a local government that indicates whether the grow site is within city limits and if so, the zoning designation for the grow site.

(d) The names and registry identification card numbers for all patients for whom each PRMG is producing at the grow site.

(e) How many patients each PRMG was growing for on December 31, 2014.

(3) A petition that does not contain all the required information or is not accompanied by all of the documentation required to be submitted in section (2) of this rule is incomplete and will be returned to the applicant.

(4) A petition that does not include all the PRMGs currently growing at the grow site may be considered by the Authority to be incomplete and may be returned to the applicant.

(5) Acceptable forms of current government issued photographic identification include but are not limited to:

(a) Driver's license;

(b) State identification card;

(c) Passport; or

(d) Military identification card.

Statutory/Other Authority: ORS 475C.919
Statutes/Other Implemented: ORS 475C.806
History:
PH 71-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 125-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 33-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 2-29-16

333-008-0510
Review of Petition For Grandfathered Grow Site

(1) Once the Authority has determined that a petition is complete it must:

(a) Conduct a criminal background check on all PRMGs listed on the application;

(b) Verify that:

(A) Each person listed on the application is 21 years of age or older;

(B) Each person has a current valid registration card and is currently registered at the grow site;

(C) All the patients listed on the application have valid cards; and

(D) All persons were registered with the Authority on December 31, 2014, at the grow site listed on the application and have been continuously registered at the grow site since the petition was submitted; and

(c) Verify the number of patients each PRMG was producing marijuana for, at that grow site on December 31, 2014.

(2) If a PRMG listed on a petition does not meet the age requirements or is disqualified to be a PRMG based on criminal convictions, the Authority must notify:

(a) The PRMG that his or her designation is revoked; and

(b) The patient that the patient’s PRMG is ineligible and that the patient may submit a change form, in accordance with OAR 333-008-0047 designating a new PRMG and grow site.

Statutory/Other Authority: ORS 475C.919
Statutes/Other Implemented: ORS 475C.806
History:
PH 72-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 126-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 33-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 2-29-16

333-008-0520
Approval of Petition for Grandfathered Grow Site

(1) The Authority will grant a petition for a grandfathered grow site if, based on the information in the petition and the Authority’s review of the petition:

(a) The grow site address is currently registered with the Authority;

(b) The petition includes all PRMGs currently growing at the grow site;

(c) With the exception of any PRMG whose designation was revoked under OAR 333-008-0510(2), the PRMGs listed in the petition are qualified to be a PRMG;

(d) All qualified PRMGs listed in the petition were registered at the grow site on December 31, 2014, and were all continuously registered there at the time the petition was submitted; and

(e) The number of patients registered at the grow site would not result in the grow site address exceeding:

(A) For a grow site location within city limits and zoned residential:

(i) Twenty-four mature marijuana plants;

(ii) Forty-eight immature marijuana plants that are 24 inches or more in height; and

(iii) One hundred and forty-four immature marijuana plants that are less than 24 inches in height.

(B) For a grow site location within city limits but not zoned residential or outside city limits:

(i) Ninety-six mature marijuana plants;

(ii) One hundred and ninety-two immature marijuana plants that are 24 inches or more in height; and

(iii) Five hundred and seventy-six immature marijuana plants that are less than 24 inches in height.

(2) The actual grow site address plant limit is based on the number of patients registered at the grow site address on December 31, 2014, assuming there were six mature plants per patient. Based on the number of mature plants permitted, the grow site may have:

(a) Twice as many immature marijuana plants 24 inches or more in height as there are mature plants; and

(b) Six times as many immature marijuana plants less than 24 inches in height as there are mature plants.

(3) If a grow site is approved under this rule the Authority may not register any additional PRMG at that address unless the grandfathered grow site approval has been terminated.

(4) A grow site located at a patient’s residence where the patient or the patient’s designated primary caregiver produces marijuana may no longer be a grandfathered grow site, may not be approved as a grandfathered grow site, and the grow site may not be used to produce more than 12 mature marijuana plants and 24 immature marijuana plants. The marijuana plant numbers include any plants permitted under ORS 475C.305.

Statutory/Other Authority: ORS 475C.806 & ORS 475C.919
Statutes/Other Implemented: ORS 475C.806
History:
PH 73-2022, minor correction filed 05/11/2022, effective 05/11/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 127-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 33-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 2-29-16

333-008-0530
Denial of Petition for Grandfathered Grow Site

(1) The Authority must deny a petition for a grandfathered grow site if based on the information in the petition and the Authority’s review of the petition:

(a) The grow site address is not currently registered with the Authority;

(b) The petition does not include all PRMGs currently producing marijuana at the grow site;

(c) None of the PRMGs listed in the petition are qualified or the number of PRMGs eligible to produce marijuana at the grow site address would result in the grow site address exceeding the maximum plant limits, depending on the location of the grow site;

(d) Not all of the qualified PRMGs listed in the petition were registered at the grow site on December 31, 2014, or were not all continuously registered there at the time the petition was submitted; or

(e) The number of patients registered at the grow site address exceed the plant limits in ORS 475C.806(3)(b) or 475C.806(4)(b).

(2) An individual or group of individuals whose petition is denied may resubmit a petition at any time.

(3) If a petition is denied the maximum plant limits at the grow site for which the petition was filed are:

(a) For a grow site location within city limits and zoned residential:

(A) Twelve mature marijuana plants;

(B) Twenty-four immature marijuana plants that are 24 inches or more in height; and

(C) Seventy-two immature marijuana plants that are less than 24 inches in height.

(b) For a grow site location within city limits but not zoned residential or not within city limits:

(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.

Statutory/Other Authority: ORS 475C.919
Statutes/Other Implemented: ORS 475C.806
History:
PH 75-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 128-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 33-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 2-29-16

333-008-0540
Requirements for Grandfathered Grow Sites; Termination of PRMG Designation; Suspension or Revocation of PRMG Registration

(1) A grandfathered grow site may only have the number of plants authorized by the Authority, based on the number of patients designating the address as a grow site on December 31, 2014. A PRMG producing marijuana at a grandfathered grow site may replace an existing patient with a new patient unless the person’s designation has been terminated under ORS 475C.806(6).

(2) If the Authority suspends or revokes the registration of a PRMG that is producing marijuana at a grandfathered grow site the PRMG may not continue to grow at that grow site or any other grow site that has:

(a) For a grow site located within city limits that is zoned residential, a maximum of:

(A) Twelve mature marijuana plants;

(B) Twenty-four immature marijuana plants that are 24 inches or more in height; and

(C) Seventy-two immature marijuana plants that are less than 24 inches in height.

(b) For a grow site located within city limits but not zoned residential or outside city limits, a maximum of:

(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.

(3) If a patient terminates the designation of a PRMG that person may not be designated to produce marijuana by another patient at the grandfathered grow site and may not produce marijuana at any other grow site that is authorized to have 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.

(4) Approval of a grandfathered grow site is terminated once the number of mature marijuana plants, based on number of PRMGs who have been authorized to produce medical marijuana at the grow site address and the number of patients each person is producing for is less than:

(a) For a grow site located within city limits that is zoned residential:

(A) Twelve mature marijuana plants;

(B) Twenty-four immature marijuana plants that are 24 inches or more in height; and

(C) Seventy-two immature marijuana plants that are less than 24 inches in height; or

(b) For a grow site located within city limits but not zoned residential or outside city limits:

(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.

Statutory/Other Authority: ORS 475C.919
Statutes/Other Implemented: ORS 475C.806
History:
PH 76-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 129-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0550
General Person Responsible for a Marijuana Grow Site Requirements

(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.

(8) A PRMG must return the grow site registration card to the Authority when the person’s designation has been terminated by a patient or the person ceases producing marijuana for themself or another patient.

(9) Except for a patient growing only for themself at the patient’s residence and not transferring usable marijuana, seeds or immature plants to a registered processing site or dispensary, or a PRMG that produces marijuana at a grow site that is subject to CTS tracking, a PRMG must create an online account with the Authority through which the individual must at a minimum submit the information required in OAR 333-008-0630.

(10) A PRMG must comply with the advertising restrictions in OAR 333-008-2070 and must remove any sign, display or advertisement if the Authority determines the PRMG has violated OAR 333-008-2070.

(11) A PRMG who transfers or sells usable marijuana to a registered processing site or sells or transfers seeds, immature plants or usable marijuana to a registered dispensary or is required to report as outlined in OAR 333-008-0630 or OAR 333-008-0635 must maintain and use a weighing device at the grow site that is licensed by the Oregon Department of Agriculture (ODA). Licensed weighing devices must be used by a PRMG whenever marijuana items are:

(a) Transferred from the PRMG to a registered processing site or dispensary and the transfer is by weight;

(b) Packaged for transfer by weight to a registered processing site or dispensary;

(c) Weighed for purposes of documenting information required in OAR 333-008-0630 for transfers to registered processing sites or dispensaries; or

(d) Weighed for purposes of reporting information required in OAR 333-008-0630 or for the purposes of reporting information into CTS under OAR 333-008-0635.

(12) A PRMG that is required to maintain a weighing device licensed by ODA per these rules must maintain a weighing device at the grow site at all times. PRMGs at a grow site may collectively use one weighing device licensed by ODA. If there is no weighing device licensed by ODA at a grow site all PRMGs registered at the grow site will be in violation of this rule.

(13) A PRMG may only use pesticides in accordance with ORS chapter 634 and OAR chapter 603, division 57.

(14) The Authority may investigate any violation of this rule based on:

(a) A failed pesticide test;

(b) Information provided by any other state agency;

(c) A grow site inspection; or

(d) The receipt of a complaint alleging unlawful pesticide use.

(15) If the Authority determines that a violation of section (12) of this rule has occurred, it may provide information obtained by the Authority to the Oregon Department of Agriculture in accordance with ORS 475C.859(5).

(16) A PRMG must comply with laws pertaining to water use as administered by the Oregon Water Resources Department and shall maintain records as necessary to demonstrate compliance. The PRMG shall provide evidence of a legal source of water to the Oregon Water Resources Department and Oregon Health Authority upon request.

(17) A PRMG must comply with applicable land use and zoning requirements related to the production of marijuana.

(18) A PRMG must obtain a personal agreement from their patient in accordance with OAR 333-008-0585 before transferring usable marijuana, seeds, or immature marijuana plants to a registered dispensary, processing site, or Commission licensed processor or wholesaler, as follows:

(a) For any usable marijuana, seeds, or immature marijuana plants that will be transferred to a registered dispensary or registered processing site, the PRMG must obtain an Authorization to Transfer form as prescribed by the Authority or a personal agreement as described in ORS 475C.798.

(b) For marijuana that will be transferred under ORS 475C.800 to a Commission licensed producer, processor or wholesaler in accordance with OAR chapter 845, division 25 the PRMG must obtain a personal agreement as described in ORS 475C.798.

(c) The authorization to transfer form or personal agreement must be made available to the Authority or Commission upon request.

(d) A model personal agreement form is available on the Authority’s website, at healthoregon.org/ommp.

(e) A PRMG may only possess and transfer usable marijuana, seeds or immature plants transferred from a patient in accordance with ORS 475C.770 to 475C.919

(f) A PRMG may only transfer in accordance with OAR 333-008-0590.

(19) Failure to comply with the return, transfer, or documentation requirements in this rule is a violation and may result in further enforcement action or the denial of future applications or designations.

Statutory/Other Authority: ORS 475C.792 - 475C.806 & 475C.919
Statutes/Other Implemented: ORS 475C.792 - 475C.806
History:
PH 77-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 130-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0560
Grow Site Plant Limits

(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.

(2) Unless a petition has been granted under OAR 333-008-0520 a grow site address may not have more than:

(a) For a grow site located within city limits that is zoned residential:

(A) Twelve mature marijuana plants;

(B) Twenty-four immature marijuana plants that are 24 inches or more in height; and

(C) Seventy-two immature marijuana plants that are less than 24 inches in height.

(b) For a grow site located within city limits but not zoned residential or outside city limits:

(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.

Statutory/Other Authority: ORS 475C.806 & 475C.919
Statutes/Other Implemented: ORS 475C.806
History:
PH 78-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 131-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0570
Designation of Plants at Grow Site Address

(1) A person responsible for a marijuana grow site (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

(b) Post a plot plan or graphic matrix depicting the plant layout configuration within the grow site and the PRMG and patient associated with each plant. For purposes of such grow site mapping, a keyed or alphanumeric legend must be included that includes means to confirm the assigned PRMG name and identification number and the patient name and identification number for each plant.

(2) If during an investigation the Oregon Health Authority (Authority) determines that marijuana plants have not been designated by a PRMG in accordance with section (1) of this rule or there are marijuana plants at the grow site designated by an individual who is not authorized to produce marijuana at that grow site the Authority may suspend or revoke the registration of the grow site for all PRMGs at that grow site and all the PRMG’s identification cards.

(3) If during an investigation the Authority determines that a PRMG is producing marijuana plants in excess of the number of plants allowed in ORS 475C.806 the Authority may suspend or revoke the registration of the PRMG for each patient who has designated the PRMG.

(4) Each PRMG registered at a grow site is jointly and severally responsible for ensuring compliance with ORS 475C.806.

(5) A PRMG who is producing marijuana at a grow site that is also licensed by the Oregon Department of Agriculture to produce hemp must:

(a) Provide a copy of the control plan required under OAR 603-048-0520 to an inspector of the Authority when requested;

(b) Ensure that plants grown pursuant to the industrial hemp license are grown only in licensed hemp production areas and plants grown pursuant to a medical marijuana grower registration are grown only in medical marijuana plots;

(c) Post a grow site plan that identifies the location of the hemp production areas and medical marijuana plots; and

(d) Visually demarcate the boundaries of hemp production areas and medical marijuana plots through signs, fencing, or cordoning.

(6) A PRMG that stores cannabis grown pursuant to a medical marijuana grower registration or under ORS 475C.305 must ensure that the harvested cannabis is segregated from its harvested industrial hemp. The PRMG must:

(a) Comply with the storage requirements in OAR 603-048-0540; and

(b) Label all cannabis harvested from plants grown pursuant to a medical marijuana grower registration or under ORS 475C.305 with the following:

(A) Identification as to whether the cannabis was grown pursuant to a medical marijuana grower registration or as cannabis from a “personal grow” under ORS 475C.305; and

(B) The date the cannabis was harvested.

Statutory/Other Authority: ORS 475C.806 & 475C.919
Statutes/Other Implemented: ORS 475C.806
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 79-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 132-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0580
Usable Marijuana Possession Limits for a Person Designated to Produce Marijuana by a Patient

(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.

(3) Unless a PRMG falls within the definition of a person designated to produce marijuana by a patient the PRMG may only possess the amount of usable marijuana that is permitted under ORS 475C.305.

(4) A PRMG producing marijuana at a grow site where there are multiple PRMGs registered must physically segregate the usable marijuana at the grow site that is the property of the PRMG or the PRMG’s patients by placing the usable marijuana in a receptacle or multiple receptacles and attaching a label to the receptacle that includes the PRMG’s name, identification card number and patient identification number.

(5) If during an investigation the Authority determines that usable marijuana has not been segregated in accordance with section (4) of this rule or that usable marijuana at the grow site is identified as belonging to an individual who is not registered at the grow site, the Authority may suspend or revoke the registration of the grow site address for all PRMGs producing at that grow site and the PRMG’s cards.

(6) Once harvested, all marijuana and usable marijuana produced by a PRMG may only be stored at the registered grow site unless it is in the process of being transferred to:

(a) The PRMG’s patient, the patient’s designated primary caregiver, or organization or facility caregiver;

(b) A registered processing site or dispensary;

(c) A laboratory licensed and accredited in accordance with ORS 475C.540 to 475C.586; or

(d) A Commission licensee if such a transfer is permitted under OAR chapter 845, division 25 and these rules.

Statutory/Other Authority: ORS 475C.919
Statutes/Other Implemented: ORS 475C.809
History:
PH 80-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 133-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0585
Personal Agreement

(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.

(4) A personal agreement is not transferable.

(5) A personal agreement does not continue upon renewal of a patient’s registry identification card. A patient may enter into a new personal agreement upon renewing their OMMP registration.

(6) Marijuana in the PRMG’s possession pursuant to a personal agreement is subject to all of the restrictions and requirements of ORS chapter 475C and these rules, including but not limited to the following:

(a) Marijuana may only be stored at the grow site where the PRMG is designated to produce marijuana for the patient;

(b) A PRMG may only make transfers of marijuana in accordance with OAR 333-008-0590.

(7) The patient and PRMG must both retain a copy of the personal agreement.

(a) The PRMG must maintain a copy of the personal agreement at the grow site.

(b) The patient and the PRMG must make the personal agreement available to the Authority or Commission upon request.

(c) The patient and the PRMG must keep the personal agreement on file for at least three years.

Statutory/Other Authority: ORS 475C.919, ORS 475C.798, ORS 475C.806 & ORS 475C.809
Statutes/Other Implemented: ORS 475C.798, ORS 475C.806 & ORS 475C.809
History:
PH 81-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, adopt filed 11/15/2019, effective 01/01/2020

333-008-0590
Permissible Transfers of Marijuana

(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.

(2) A patient may transfer for no financial consideration:

(a) Usable marijuana to a registered medical processor for processing into a cannabinoid product, cannabinoid concentrate or cannabinoid extract that will be returned to the patient, the patient’s designated primary caregiver, or organization or facility caregiver; or

(b) Usable marijuana, marijuana seeds, or immature plants to another registered patient.

(3) A designated primary caregiver or organization or facility caregiver may transfer:

(a) Mature plants or marijuana items to their designated patient for no consideration;

(b) As permitted by a valid authorization from their patient, usable marijuana for no consideration to a registered processing site for processing into a cannabinoid product, cannabinoid concentrate or cannabinoid extract that will be returned to the patient or designated primary caregiver;

(c) As permitted by a valid authorization from their patient, usable marijuana, marijuana seeds, or immature plants to a registered medical dispensary; or

(d) As permitted by a valid authorization from their patient, usable marijuana to a registered processing site for processing into a cannabinoid product, cannabinoid concentrate or cannabinoid extract that will not be returned to the patient or designated primary caregiver.

(4) A PRMG may transfer:

(a) Usable marijuana, marijuana seeds, immature plants, or mature plants to their designated patient or the patient’s caregiver;

(b) As permitted by a valid personal agreement under OAR 333-008-0585, or as authorized by the patient, usable marijuana to a registered processing site; or

(c) As permitted by a valid personal agreement under OAR 333-008-0585, or as authorized by the patient, usable marijuana, marijuana seeds, or immature plants to a registered medical dispensary.

(d) As permitted by a valid personal agreement under OAR 333-008-0585, usable marijuana to a Commission licensed wholesaler or processor in accordance with ORS 475C.800 and OAR chapter 845, division 25.

(5) Any transfers under this rule are subject to the possession limits in ORS 475C.305, ORS 475C.809, OAR 333-008-0080, 333-008-0560 and 333-008-0580 including during transportation.

(6) All transfers under this rule must be reported pursuant to OAR 333-008-0630 or tracked pursuant to OAR 333-008-0635 as applicable to the PRMG.

(7) Failure to comply with this rule is a violation and may result in enforcement action including denial of future applications or designations.

Statutory/Other Authority: ORS 475C.919, ORS 475C.305, ORS 475C.809 & ORS 475C.792
Statutes/Other Implemented: ORS 475C.305, ORS 475C.809 & ORS 475C.792
History:
PH 82-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, adopt filed 11/15/2019, effective 01/01/2020

333-008-0595
Transfers from Commission Licensees

(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.

Statutory/Other Authority: ORS 475C.137 & ORS 475C.919
Statutes/Other Implemented: ORS 475C.137
History:
PH 169-2022, minor correction filed 08/02/2022, effective 08/02/2022
PH 84-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, adopt filed 11/15/2019, effective 01/01/2020

333-008-0600
PRMG Labeling, Packaging and Testing Requirements

(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.

(3) A PRMG may not transfer usable marijuana or seeds that are subject to the Commission’s packaging and labeling requirements unless the packaging and label have been pre-approved or pre-approval is not required.

Statutory/Other Authority: ORS 475C.544
Statutes/Other Implemented: ORS 475C.544
History:
PH 85-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 33-2016, f. & cert. ef. 11-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0630
Person Responsible for a Marijuana Grow Site (PRMG) Documentation Requirements

(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 person responsible for a marijuana grow site (PRMG) that produces marijuana at a grow site that is subject to the Cannabis Tracking System (CTS) tracking requirements in ORS 475C.871, as provided in OAR 333-008-0635.

(2) No later than the 10th day of each month, a PRMG, who is not a person designated to produce marijuana by a patient, as that is defined in OAR 333-008-0010, must submit the following information to the Oregon Health Authority (Authority):

(a) The number of immature and mature marijuana plants and amount of usable marijuana transferred to each patient for whom the PRMG is producing marijuana;

(b) The amount of usable marijuana transferred to each registered marijuana processing site through an agreement with the patient; and

(c) The number of seeds or immature plants and the amount of usable marijuana transferred to each registered dispensary through an agreement with the patient.

(3) No later than the 10th day of each month, a person designated to produce marijuana by a patient as that term is defined in OAR 333-008-0010, must submit the following information to the Authority:

(a) The number of mature marijuana plants and immature marijuana plants, the amount of marijuana leaves and flowers being dried, and the amount of usable marijuana, in the person’s possession;

(b) The number of mature marijuana plants and immature marijuana plants, and the amount of usable marijuana transferred to each patient for whom the person produces marijuana, or that patient’s designated primary caregiver during the previous month;

(c) The amount of usable marijuana transferred to each marijuana processing site during the previous month; and

(d) The number of immature marijuana plants, and the amount of usable marijuana transferred to each medical marijuana dispensary during the previous month.

(4) The information required to be submitted under this rule must be submitted electronically in a manner prescribed by the Authority.

(5) In addition to submitting the information as required in section (3) of this rule a person designated to produce marijuana by a patient must keep a record of the information described in section (3) of this rule for two years after the date on which the person submits the information to the Authority.

(6) A person designated to produce marijuana by a patient, as that term is defined in OAR 333-008-0010, may delegate his or her duty to report information under section (3) of this rule to another person designated to produce marijuana by a patient if the marijuana grow site addresses are the same.

(a) The person to whom the duty is delegated must submit a notice, on a form prescribed by the Authority, of the delegation.

(b) A delegation under this section does not relieve a person designated to produce marijuana by a patient, who delegates the duty to report, from complying with any of these rules, except for the duty to report.

(c) If a person to whom the reporting duty has been delegated fails to report in accordance with section (3) of this rule the Authority may suspend or revoke the registration of the person to whom the reporting duty was delegated.

(d) If the person to whom the reporting duty has been delegated fails to report in accordance with section (3) of this rule for any person designated to produce marijuana by a patient the delegation is void and the person who delegated the reporting duty must report the information to the Authority within 10 business days of being informed by the Authority of the failure to report.

Statutory/Other Authority: 475C.795, 475C.919, ORS 475C.792 & 475C.797
Statutes/Other Implemented: ORS 475C.792 & ORS 475C.795
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 86-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 19-2019, amend filed 10/08/2019, effective 10/08/2019
PH 12-2019, temporary amend filed 06/25/2019, effective 07/01/2019 through 12/27/2019
PH 134-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0635
Grow Site Cannabis Tracking System (CTS) Tracking

(1) A grow site location that meets the following criteria must track the transfer, propagation and production of marijuana in the Cannabis Tracking System (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 persons responsible for a marijuana grow site (PRMGs) registered at the grow site location; or

(c) There are more than two patients registered at the grow site location.

(2) One PRMG at a grow site location must be approved as the designated grow site administrator by the Oregon Health Authority (Authority) under OAR 333-008-0638 and is responsible for:

(a) Paying the CTS non-refundable user fee; and

(b) Ensuring compliance with the CTS tracking requirements for all PRMGs at the grow site location.

(3) A grow site administrator at a grow site subject to tracking must activate the CTS account assigned by the Oregon Liquor and Cannabis Commission (Commission) within 10 calendar days of notification by the Commission that activation is required and must enter all inventory within 10 calendar days of activating the CTS account.

(4) The grow site administrator must comply with OAR 845-025-2110 and 845-025-2120 and any additional instructions provided by the Authority or the Commission regarding the following:

(a) Setting up and activating a CTS user account;

(b) Successfully completing all required CTS training; and

(c) Ordering Unique Identification (UID) Tags and tagging all marijuana items.

(5) A grow site administrator and each PRMG at a grow site must cooperate with an inspection or investigation conducted by the Commission under ORS 475C.871(6).

(6) A PRMG producing marijuana at a grow site location that is subject to CTS tracking may not transfer a marijuana item, unless the grow site has:

(a) An approved grow site administrator capable of entering required information into CTS;

(b) An active CTS user account;

(c) UID tags; and

(d) All medical marijuana items tagged with UID tags and all inventory recorded in accordance with OAR 845-025-2110 and OAR 845-025-2120.

(7) If a grow site administrator or any PRMG at a grow site location that is subject to CTS tracking under this rule does not comply with this rule, the Authority may revoke the registration of the grow site and the registration of all PRMGs registered at that grow site location.

(8) A grow site administrator is legally responsible for compliance with this rule and all CTS tracking requirements as described in OAR chapter 845, division 025.

(9) Each PRMG at a grow site location must cooperate with the approved grow site administrator (GSA) to ensure that the grow site and the grow site administrator complies with this rule and the Commission’s CTS rules that apply to registrants. Failure to cooperate with a grow site administrator is a violation of this rule and may result in a PRMG's registration being revoked.

(10) The Authority may revoke the grow site registration and the registration of all PRMGs at a grow site if the grow site does not have a GSA or is not using CTS tracking as is required by these rules.

(11) Nothing in this rule is intended to prohibit the Commission from permitting other authorized users from entering information into CTS for a grow site location in accordance with its own rules and policies.

Statutory/Other Authority: ORS 475C.871
Statutes/Other Implemented: ORS 475C.871 & ORS 475C.919
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 87-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 19-2019, amend filed 10/08/2019, effective 10/08/2019
PH 12-2019, temporary amend filed 06/25/2019, effective 07/01/2019 through 12/27/2019
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 94-2018, temporary amend filed 03/16/2018, effective 03/16/2018 through 09/11/2018
PH 29-2017, adopt filed 12/22/2017, effective 01/01/2018

333-008-0638
Grow Site Administrators for CTS Tracking

(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.

(2) If a grow site administrator request is not submitted to the Authority by the deadlines established in this rule the Authority may revoke the registration of each PRMG at the grow site and revoke the grow site registration.

(3) If more than one grow site administrator request is received for the same grow site, and the Authority approves a request, the Authority will not review any additional requests.

(4) The Authority shall review and act on grow site administrator requests in the order they are received.

(5) The Authority will approve a request to be designated the grow site administrator if:

(a) The request is complete;

(b) The PRMG is in good standing with the Authority and the Commission. For purposes of this section "in good standing" means the PRMG has not been subjected to discipline by the Authority or the Commission within the previous three years; and

(c) The PRMG requesting approval as the grow site administrator has authorized the Authority to provide the administrator’s contact information to all other PRMGs registered at the grow site or who become registered at the grow site and all patients for whom a PRMG is producing marijuana at the grow site, upon approval.

(6) The Authority will notify the approved grow site administrator of the approval or denial and will notify the Commission of all approved grow site administrators so the Commission can begin the process of setting up the grow site’s CTS account.

(7) Withdrawal of grow site administrator approval.

(a) If the approved grow site administrator fails to remain registered with the Authority, fails to remain in good standing with the Authority or the Commission, or if the administrator’s registration has been suspended or revoked by the Authority, the Authority shall withdraw the administrator’s approval. The Authority shall notify the administrator of the withdrawal and cite the reasons for the withdrawal, in writing. The Authority shall notify the Commission when a grow site administrator approval is withdrawn.

(b) If the Authority withdraws its approval of the administrator it shall notify all PRMGs at the grow site location that a new 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, if applicable. The request for approval of a new grow site administrator shall be conducted in accordance with sections (5) and (6) of this rule.

(8) Change of grow site administrator.

(a) An approved grow site administrator may submit a notice of resignation in a form and manner prescribed by the Authority, that the administrator is resigning as the administrator. The administrator may, at the same time, request a replacement grow site administrator for the grow site. 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, if applicable. The Authority will act on the new request in accordance with sections (5) and (6) of this rule.

(b) Any PRMG at a grow site may submit a request to the Authority to change the approved grow site administrator for that grow site, in a form and manner prescribed by the Authority.

(A) The request to change the grow site administrator must include the reasons for the requested change. The requestor must provide the approved grow site administrator a copy of the request.

(B) In addition to the request to change the approved grow site administrator, at least one PRMG at the grow site must submit a request to be approved as the grow site administrator to the Authority in a form and manner prescribed by the Authority, along with the required CTS non-refundable user fee, if needed.

(C) The Authority will notify the approved grow site administrator of the change request and allow the grow site administrator 15 calendar days to submit a written response to the change request, to the Authority.

(D) If the approved grow site administrator does not respond to the Authority or does not object to the change and if the PRMG requesting to become the new grow site administrator is qualified for approval under section (5) of this rule, the Authority will notify the administrator that the administrator’s approval has been withdrawn and notify the new grow site administrator of the approval in accordance with section (6) of this rule. If the PRMG requesting to become the new grow site administrator is not qualified for approval under section (5) of this rule the request to change the approved grow site administrator will be denied.

(E) If the approved administrator responds to the change request in a timely manner and objects to the change the Authority will review all of the information submitted and determine if there is good cause to withdraw approval of the current administrator and approve a new administrator. For purposes of this rule "good cause" means the approved administrator is not complying with the rules of the Authority or the Commission with regard to CTS tracking or cannot for other legal reasons comply with such rules.

(i) If the Authority determines there is not good cause to withdraw approval of the approved grow site administrator the Authority shall notify the person who submitted the change request and the approved grow site administrator, in writing, of the Authority’s decision and the reasons for the decision.

(ii) If the Authority determines there is good cause to withdraw approval of the currently approved grow site administrator the Authority shall notify the approved grow site administrator of the withdrawal in writing and the reasons for the withdrawal, and notify the Commission. The request for approval of a new grow site administrator shall be conducted in accordance with sections (5) and (6) of this rule.

(c) The Authority may, but is not required, to accept a grow site administrator’s notice of resignation. The resignation is not effective until the authority informs the grow site administrator, in writing, that the resignation has been accepted.

(9) No PRMG at a grow site that is subject to OAR 333-008-0635 may transfer any seeds, immature medical plants or usable medical marijuana unless the grow site has an approved grow site administrator and an active CTS account.

(10) The CTS non-refundable user fee must be paid by the approved grow site administrator on an annual basis. A request to be designated the grow site administrator under section (8) of this rule must be accompanied by a CTS nonrefundable user fee if the request is made within 45 days of the due date for the annual CTS non-refundable user fee.

Statutory/Other Authority: ORS 475C.871 & 475C.919
Statutes/Other Implemented: ORS 475C.871
History:
PH 88-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 19-2019, amend filed 10/08/2019, effective 10/08/2019
PH 12-2019, temporary amend filed 06/25/2019, effective 07/01/2019 through 12/27/2019
PH 282-2018, amend filed 12/20/2018, effective 01/01/2019
PH 248-2018, adopt filed 08/17/2018, effective 08/17/2018
PH 94-2018, temporary adopt filed 03/16/2018, effective 03/16/2018 through 09/11/2018

333-008-0700
Oregon Medical Marijuana Program (OMMP) Monitoring, Investigation, and Enforcement: Monitoring and Investigations

(1) The Oregon Health Authority (Authority) may, at any time, contact a patient, designated primary caregiver, person responsible for a marijuana grow site (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 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;

(b) Provide a letter from a clinic at which the attending provider provides care requesting that the attending provider be exempted from this section and provide documentation from the clinic that it:

(A) Has clear systems for ensuring medical records are reviewed and that each patient is examined by an attending provider;

(B) Provides follow-up care for patients;

(C) Maintains a record system documenting the review of medical records, attending provider examination, and follow-up care; and

(D) Will allow on-site inspections by the Authority to confirm compliance; or

(c) Provide a written statement explaining why the attending provider should be released from the requirements in this section, for example, an explanation that the attending provider:

(A) Has a practice that includes a disproportionately high percentage of patients with qualifying conditions;

(B) Serves as a consultant for other health care providers who refer patients requesting medical marijuana; or

(C) Has multiple practice sites and at one of the practice sites the attending provider clearly meets the attending provider definition.

(5) If the Authority receives a request from a provider to be exempted from the requirement in section (4) of this rule, the Authority shall provide the attending provider a decision, in writing, explaining whether the attending provider is or is not exempted from the requirement in section (4) of this rule. The Authority’s written decision shall explain the basis for the Authority's decision.

(6) The Authority shall refer criminal complaints against a patient, designated primary caregiver, or PRMG; or medical practice complaints against an attending provider to the appropriate state or local authorities.

(7) The Authority may reject a registrant’s surrender of a registration if there is an ongoing investigation or a pending enforcement action.

Statutory/Other Authority: ORS 475C.919
Statutes/Other Implemented: ORS 475C.783 - 475C.792
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 89-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 135-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0710
OMMP Monitoring, Investigation, and Enforcement: Grow Site Inspections

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
History:
PH 90-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 136-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0720
Oregon Medical Marijuana Program (OMMP) Monitoring, Investigation, and Enforcement: Violations

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 person responsible for a marijuana grow site (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 an Oregon Liquor and Cannabis Commission (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.

(2) To fail to cooperate with the Oregon Health Authority (Authority) during an inspection or investigation. Failure to cooperate includes but is not limited to:

(a) Failure to provide directions to a grow site.

(b) Refusal to grant access to any and all portions of the registered grow site that the Authority has reason to believe are used in the production, harvesting, curing, storing, or packaging of marijuana.

(c) Failure to meet Authority staff within a reasonable period of time at the registered grow site after being notified of an on-site inspection.

(d) Failure to provide confirmation, upon request by the Authority, of the presence or absence of hazards or dangerous conditions at a grow site.

(e) Failure to provide to the Authority, upon request, information concerning compliance with these rules.

(3) To fail to pay a civil penalty.

(4) To submit false or misleading information to the Authority or the Commission.

(5) To provide marijuana to a patient, designated primary caregiver, organization or facility caregiver, employee, or other person to have the marijuana tested for pesticides on behalf of the PRMG without disclosing to the laboratory the PRMG’s OMMP number.

(6) For a patient, caregiver or PRMG to misrepresent any marijuana item to a patient, caregiver, PRMG, dispensary, processing site, Commission licensed processor or wholesaler, or laboratory licensee, including:

(a) To misrepresent the contents of a marijuana item.

(b) To misrepresent the testing results of a marijuana item.

(c) To misrepresent the potency of a marijuana item.

(d) To treat or otherwise adulterate usable marijuana with any chemical, biologically active drug, plant, substance, including nicotine, or other compound that has the effect or intent of altering the usable marijuana’s color, appearance, weight, or smell or that has the effect or intent of increasing potency, toxicity, or addictiveness.

(e) To supply adulterated marijuana items.

Statutory/Other Authority: ORS 475C.919 & ORS 475C.800
Statutes/Other Implemented: ORS 475C.919 & ORS 475C.800
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 91-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 263-2018, minor correction filed 11/28/2018, effective 11/28/2018
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 137-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0730
Oregon Medical Marijuana Program (OMMP) Monitoring, Investigation, and Enforcement: Suspension and Revocation

(1) Patient Suspension or Revocation.

(a) The Oregon Health Authority (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;

(C) No longer meets the qualifications for registration; or

(D) Made a purchase at a dispensary or marijuana retailer using their Oregon Medical Marijuana Program (OMMP) registry identification card for someone other than themselves.

(b) If a patient’s card is revoked, any caregiver card issued under ORS 475C.783(5)(b) or 475C.791 or person responsible for a marijuana grow site (PRMG) identification card or grow site registration card issued under ORS 475C.792 shall also be revoked.

(c) An individual whose registry identification card is revoked under this rule may not reapply for a registry identification card for six months from the date of the revocation unless otherwise authorized by the Authority.

(2) Designated Primary Caregiver and Organization or Facility Caregiver Suspension or Revocation.

(a) The Authority may suspend or revoke a caregiver’s identification card issued under ORS 475C.783(5)(b) or ORS 475C.791 if the Authority determines that the caregiver violated a provision of ORS 475C.770 to 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules.

(b) An individual whose caregiver identification card has been revoked under this rule may not be designated as a caregiver under ORS 475C.789 or ORS 475C.791 for six months from the date of the revocation unless otherwise authorized by the Authority.

(3) Person Responsible for a Marijuana Grow Site Suspension or Revocation.

(a) The Authority may suspend or revoke the registration of a PRMG at a registered grow site if:

(A) The Authority determines that a PRMG violated a provision of ORS 475C.770 to 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7, these rules or an ordinance adopted pursuant to ORS 475C.897;

(B) The grow site or PRMG no longer meets the qualifications in ORS 475C.792 or OAR 333-008-0033 for registration; or

(C) The owner of the premises or the property owner’s legal representative where the grow site is located notifies the Authority in writing that they have withdrawn consent for the PRMG to produce marijuana at the grow site location.

(b) If the Authority suspends or revokes the registration of a PRMG the person’s registration is suspended or revoked for all patients the person is producing marijuana for at the identified grow site and the person must:

(A) Return all marijuana that is the property of the person’s patients, to the patients; or

(B) If the patient agrees, transfer usable marijuana to a marijuana registered processing site or transfer seeds, immature plants or usable marijuana to a registered dispensary; and

(C) Return all suspended or revoked PRMG registration and grow site registration cards to the Authority.

(c) A PRMG must document the information, including how much was transferred, the date of transfer, and to whom the transfer was made, and provide that documentation to the Authority upon request.

(d) Failure to comply with the return, transfer, or documentation requirements is a violation and may result in further enforcement action or denial of future applications.

Statutory/Other Authority: ORS 475C.783, 475C.792, 475C.919 & 475C.574
Statutes/Other Implemented: ORS 475C.783, 475C.792 & 475C.574
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 170-2022, minor correction filed 08/02/2022, effective 08/02/2022
PH 92-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 138-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0740
OMMP Monitoring, Investigation, and Enforcement: Civil Penalties

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
History:
PH 93-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 139-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-0750
OMMP Monitoring, Investigation, and Enforcement: General Powers

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
History:
PH 94-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 140-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1000
Medical Marijuana Dispensaries: Applicability

(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
History:
PH 95-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 141-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1010
Medical Marijuana Dispensaries: Definitions

For the purposes of OAR 333-008-1000 through 333-008-2200 the following definitions apply:

(1) "Dispensary representative" means an owner, director, officer, person responsible for a medical marijuana dispensary (PRD), manager, employee, agent or other representative of a registered medical marijuana dispensary, to the extent that the person acts in a representative capacity.

(2) "Dispensary registrant" means:

(a) An individual who owns a registered medical marijuana dispensary or, if a business entity owns the registered medical marijuana dispensary, each individual who has a financial interest in the registered medical marijuana dispensary; and

(b) Any PRD.

(3) "Person responsible for a medical marijuana dispensary" or "PRD" means an individual who is directly involved in the day-to-day operations of a dispensary and is identified as a PRD on an application.

(4) "Primary PRD" means a PRD designated by the owner of the dispensary as the primary point of contact for the Oregon Health Authority (Authority) and who is authorized to receive any and all communications and legal notices from the Authority.

(5) "Residence" means real property in which an individual lives or resides.

(6) "These rules" means OAR 333-008-1000 to 333-008-1255, 333-008-2000 to 333-008-2200 and 333-008-5000.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 96-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 142-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 16-2015(Temp), f. & cert. ef. 9-22-15 thru 3-19-16
PH 4-2015, f. & cert. ef. 1-28-15
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1020
Medical Marijuana Dispensaries: Application for Medical Marijuana Dispensary Registration

(1) To register a medical marijuana dispensary a person must:

(a) Submit an initial application on a form prescribed by the Oregon Health Authority (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 person responsible for a medical marijuana dispensary (PRD);

(C) The physical and mailing address of the medical marijuana dispensary; and

(b) Application and registration fee.

(2) An initial application for the registration of a dispensary must be submitted as prescribed on the Authority’s website, www.healthoregon.org/ommp.

(3) If an initial application is submitted along with the required fees the Authority will notify the applicant in writing that the application has been received and that within 30 calendar days of the date the written notice is mailed or sent electronically the following information must be received by the Authority:

(a) For each individual named in the application:

(A) A legible copy of the individual’s valid government issued photographic identification that includes last name, first name and date of birth;

(B) Information, fingerprints and fees required for a criminal background check in accordance with OAR 333-008-2020; and

(C) An Individual History Form and any information identified in the form that is required to be submitted;

(b) A written statement from an authorized official of the local government that the proposed location of the dispensary is not located in an area that is zoned for residential use as that term is defined in OAR 333-008-0010;

(c) Proof that the business is registered or has filed an application to register as a business with the Oregon Office of the Secretary of State, including proof of registration for any DBA (doing business as) registration;

(d) Documentation, in a format prescribed by the Authority that the proposed location of the dispensary is not within 1,000 feet of:

(A) A building where a public prekindergarten or kindergarten program is provided by a school district or an education service district;

(B) The real property comprising a public, parochial, or private elementary or secondary school, except as provided in ORS 475C.840; or

(C) A registered dispensary.

(e) A scaled site plan of the parcel on which the premises proposed for registration is located, including:

(A) Cardinal directional references;

(B) Bordering streets and the names of the streets;

(C) Identification of the building or buildings in which the proposed dispensary is to be located;

(D) The dimensions of the proposed premises of the dispensary;

(E) Identification of other buildings or property owned by or under the control of the applicant on the same parcel or tax lot as the premises proposed for registration that will be used in the business; and

(F) Identification of any residences on the parcel or tax lot.

(f) A scaled floor plan of all enclosed areas of the premises at the proposed location that will be used in the business with the overall dimensions of the dispensary and the dimensions of interior rooms and spaces, a description of the intended uses of all spaces and clear identification and location of:

(A) Walls;

(B) Partitions;

(C) Counters;

(D) Windows;

(E) Safes;

(F) All areas of ingress and egress;

(G) All limited access areas;

(H) Secure rooms; and

(I) Designated limited access areas or designated areas required under OAR 333-008-1110(12); and

(g) Documentation that shows the applicant has lawful possession of the proposed location of the dispensary.

(4) The documentation required in section (3) of this rule may be submitted electronically to the Authority or may be mailed to the Oregon Medical Marijuana Program, Oregon Health Authority, PO Box 14116, Portland, OR 97293.

(a) If documentation is mailed it must be received by the Authority within 30 calendar days of the date the Authority mailed the notice to the applicant that the initial application was received or the application will be considered incomplete.

(b) If documentation is submitted electronically it must be received by the Authority by 5 p.m. Pacific Time within 30 calendar days of the date the Authority mailed the notice to the applicant that the initial application was received or the application will be considered incomplete.

(5) Application and registration fees must be paid online as prescribed by the Authority within five business days of the applicant submitting the initial application.

(6) Criminal background check fees must be paid as prescribed by the Authority on its website, www.healthoregon.org/ommp, and must be received by the Authority in accordance with provisions in section (4) of this rule.

(7) If the Authority does not receive a complete application, including all documentation required in sections (1) and (3) of this rule, and all required fees within the time frames established in this rule, the application will be declared incomplete.

(8) If an applicant provides the documentation required in section (3) of this rule the Authority will review the information to determine if it is sufficient.

(a) If the documentation required under section (3) of this rule is not complete or is insufficient the Authority must notify the applicant in writing and the applicant will have 10 calendar days from the date such written notice is mailed or sent electronically by the Authority to provide the additional documentation.

(b) If the applicant does not provide the additional documentation within 10 calendar days or if any responsive documents are incomplete, insufficient or otherwise do not demonstrate compliance with ORS 475C.833 and these rules the application will be declared incomplete.

(9) A person who wishes to register more than one location must submit a separate application, registration fees, and all documentation described in sections (1) and (3) of this rule for each location.

(10) An application that is declared incomplete is treated by the Authority as if it was never received.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 97-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 143-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 4-2015, f. & cert. ef. 1-28-15
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1030
Dispensary Fees

(1) The initial fees for the registration of a dispensary are:

(a) A non-refundable application fee of $500; and

(b) A $3,500 registration fee.

(2) The annual renewal fees for the registration of a dispensary are:

(a) A $500 non-refundable renewal fee; and

(b) A $3,500 registration fee.

(3) The criminal background check fee is $35 per individual.

(4) Cannabis Tracking System (CTS) user fee: $480.

(5) The Oregon Health Authority (Authority) may not return the registration fee unless:

(a) An application is incomplete; or

(b) An applicant withdraws an application.

(6) Notwithstanding section (5) of this rule, the Authority may not refund a registration fee if the Authority has issued the applicant a 60-day letter under OAR 333-008-1040(6) and the applicant subsequently withdraws the application or the applicant does not comply with the 60-day deadline or an extension deadline under OAR 333-0080-1040(7) or (8).

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 98-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 144-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1040
Medical Marijuana Dispensaries: Dispensary Application Review

(1) Applications will be reviewed in the order they are received by the Oregon Health Authority (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.

(4) Prior to making a decision whether to approve or deny an application the Authority must:

(a) Review the criminal background check results for each individual named on the application;

(b) Determine whether the proposed location of the dispensary is the same location as a registered grow site under OAR 333-008-0025;

(c) Review documentation submitted by the applicant to determine, based on the information provided by the applicant, whether the proposed location of the dispensary is located within 1,000 feet of:

(A) A building where a public prekindergarten or kindergarten program is provided by a school district or an education service district;

(B) The real property comprising a public, parochial, or private elementary or secondary school, except as provided in ORS 475C.840; or

(C) Another registered dispensary;

(d) Verify that the applicant is registered as a business with the Office of the Secretary of State; and

(e) Verify that the proposed location of the dispensary is not:

(A) Located in an area that is zoned for residential use; or

(B) In a city or county that has adopted an ordinance under ORS 475C.950, prohibiting dispensaries.

(5) If during the review process the Authority determines that the application or supporting documentation contains intentionally false or misleading information the Authority may declare the application incomplete or issue a notice of denial under OAR 333-008-1060.

(6) The Authority will notify the applicant in writing that the applicant has 60 calendar days from the date of the written notice to submit a Readiness Form, prescribed by the Authority, indicating that the applicant is prepared for an inspection and is in compliance with these rules if:

(a) There is no basis for denial under OAR 333-008-1060;

(b) The proposed dispensary is in compliance with ORS 475C.833(3)(a) through (e);

(c) Each individual named in the application passes the criminal background check; and

(d) Each individual named as a person responsible for a medical marijuana dispensary (PRD) in the application meets age requirements.

(7) If the Authority does not receive the Readiness Form in accordance with section (6) of this rule the applicant’s application will be declared incomplete, unless an extension has been granted under section (8) of this rule.

(8) An applicant may request one extension of the 60-day deadline in section (6) of this rule if the applicant can demonstrate to the Authority that the deadline cannot be met for reasons outside of the applicant’s control, such as but not limited to the applicant’s inability to obtain local government building permits.

(a) A request for an extension must be in writing, must be received within 60 calendar days of the notice described in section (6) of this rule and must explain and provide documentation that shows the applicant cannot, for reasons outside of the applicant’s control, meet the 60-day deadline, and must specify when the applicant believes it can submit the Readiness Form.

(b) A request for an extension tolls the 60-day deadline.

(c) The Authority will review the request and provide, in writing to the applicant, its decision and the reason for the decision.

(d) If an extension is granted the Authority must inform the applicant of the new deadline for submission of the Readiness Form, but in any case an extension may not exceed 60 calendar days.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 99-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 145-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 4-2015, f. & cert. ef. 1-28-15
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1050
Medical Marijuana Dispensaries: Dispensary Pre-Approval Inspection; Approval of Application

(1) The Authority must perform a site visit within 30 days of receiving a timely Readiness Form, as that is described in OAR 333-008-1040 to determine whether the applicant and dispensary are in compliance with these rules.

(2) If, after the site visit the Authority determines that the applicant and dispensary are in compliance with these rules the Authority must provide the primary PRD with proof of registration that includes a unique registration number, and notify the primary PRD in writing that the dispensary may operate.

(3) If, after the site visit the Authority determines that the dispensary is not in compliance with these rules the Authority may:

(a) Give the applicant 10 business days to come into compliance;

(b) Propose to deny the application in accordance with OAR 333-008-1060; or

(c) Consider the application to be incomplete.

(4) A registered dispensary must at all times display proof of registration in a prominent place inside the dispensary so that proof of registration is easily visible to individuals authorized to transfer marijuana items to the dispensary and individuals who are authorized to receive a transfer of marijuana items from the dispensary.

(5) A registered dispensary may not use the Authority or the OMMP name or logo except to the extent that information is contained on the proof of registration on any signs at the dispensary, on its website, or in any advertising or social media.

(6) A dispensary’s registration:

(a) Is only valid for the location indicated on the proof of registration.

(b) May not be transferred to another location.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 100-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 146-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 4-2015, f. & cert. ef. 1-28-15
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1060
Medical Marijuana Dispensaries: Denial of Dispensary Application

(1) The Authority must deny an application if:

(a) An application, supporting documentation provided by the applicant, or other information obtained by the Authority shows that the qualifications for a dispensary in ORS 475C.833 or these rules have not been met; or

(b) An individual named in an application has been:

(A) Convicted for the manufacture or delivery of a controlled substance in Schedule I or Schedule II within two years from the date the application was received by the Authority; or

(B) Convicted more than once for the manufacture or delivery of a controlled substance in Schedule I or Schedule II; or

(c) The city or county in which the facility is located has prohibited dispensaries in accordance with ORS 475C.950, unless the dispensary meets the criteria in ORS 475C.950(6).

(2) The Authority may deny an applicant if it determines that the applicant, the owner of the dispensary, a PRD, or an employee of the medical marijuana dispensary:

(a) Submitted intentionally false or misleading information to the Authority; or

(b) Violated at any time a provision of ORS 475C.770 to 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7, these rules or an ordinance adopted pursuant to ORS 475C.897.

(3) If an individual named in an application is not qualified based on age or the criminal background check, the Authority will permit a change form to be submitted in accordance with OAR 333-008-1078 or 333-008-2030, along with the applicable criminal background check fee. If the individual named in the change form is not qualified the Authority must deny the application in accordance with section (1) of this rule.

(4) If the Authority intends to deny an application for registration it must issue a Notice of Proposed Denial in accordance with ORS 183.411 through 183.470.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 101-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 147-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 16-2015(Temp), f. & cert. ef. 9-22-15 thru 3-19-16
PH 4-2015, f. & cert. ef. 1-28-15
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1063
Medical Marijuana Dispensaries: Withdrawal of Dispensary Application

An applicant may withdraw an initial or renewal application at any time prior to the Authority acting on the application unless the Authority has determined that the applicant submitted false or misleading information or there is a pending investigation or enforcement action in which case the Authority may refuse to accept the withdrawal and may issue a notice of proposed denial in accordance with OAR 333-008-1060.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 102-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 148-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1070
Expiration and Renewal of Dispensary Registration

(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.

(3) A dispensary registrant who files a completed renewal application, fees and all the information required in section (2) of this rule with the Authority prior to the expiration date of the registration may continue to operate, even after the registration expiration date, pending a decision on the renewal application by the Authority.

(4) A dispensary registrant that does not submit timely renewal application, fees, and all the information required under section (2) of this rule may be denied or subject to the imposition of civil penalties.

(5) The Authority may notify a dispensary registrant who, prior to the registration’s expiration, submits an incomplete application and may give the registrant 10 calendar days to submit the missing information. The Authority may deny the renewal application of a registrant who fails to comply with this section.

(6) Renewals will be processed in accordance with OAR 333-008-1040 to 333-008-1060, as applicable.

(7) A renewal applicant may be required to submit a Readiness Form, as described in OAR 333-008-1040 and may be subject to inspection prior to the Authority acting on a renewal application.

(8) For purposes of this rule a renewal application is considered complete when the Authority receives the completed application form, fees and information required in section (2) of this rule.

(9) The Authority may not renew the registration of a dispensary if the registrant is not complying with the CTS tracking requirements in OAR 333-008-1252 and OAR chapter 845, division 25, applicable to dispensaries.

Statutory/Other Authority: ORS 475C.833, 475C.919 & 475C.871
Statutes/Other Implemented: ORS 475C.833 & 475C.871
History:
PH 103-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 149-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 16-2015(Temp), f. & cert. ef. 9-22-15 thru 3-19-16
PH 4-2015, f. & cert. ef. 1-28-15
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1075
Medical Marijuana Dispensaries: PRD Criteria and Responsibilities

(1) A PRD must:

(a) Be 21 years or age or older;

(b) Have legal authority to act on behalf of the dispensary; and

(c) Be responsible for ensuring the registered dispensary complies with applicable laws.

(2) A PRD may not:

(a) Have been convicted in any state for the manufacture or delivery of a controlled substance in Schedule I or Schedule II within two years from the date of application; or

(b) Have been convicted more than once in any state for the manufacture or delivery of a controlled substance in Schedule I or Schedule II.

(3) At least one PRD must be on site at a dispensary during Authority inspections or investigations at the time of the inspection or investigation or within one hour of being notified that an inspection or investigation is taking place.

(4) A PRD is accountable for any intentional or unintentional action of registrant representatives, with or without the knowledge of the PRD, who violate ORS 475C.833, 475C.843 or these rules, and is responsible for any unlawful conduct that occurs on the premises of the dispensary or any property outside the registered dispensary that is owned by or under the control of the dispensary registrant.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 104-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 150-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1078
Medical Marijuana Dispensaries: Removal, Addition, Change, Designation or Assignment of PRD

(1) If an owner of a registered dispensary is adding or changing a PRD or primary PRD, an individual with legal authority to act on behalf of the registered dispensary must submit:

(a) A form, prescribed by the Authority;

(b) A legible copy of the individual’s valid government issued photographic identification that includes last name, first name and date of birth;

(c) Information and fingerprints required for a criminal background check in accordance with OAR 333-008-2020; and

(d) A criminal background check fee of $35.

(2) A PRD who is designating or assigning the responsibilities of a PRD to another individual must submit the information and fees required in section (1) of this rule. The responsibilities of a primary PRD may not be designated or assigned.

(3) The Authority will review and approve the addition or change of a PRD or primary PRD if the individual meets the requirements in OAR 333-008-1075.

(4) The Authority will review and approve the designation or assignment of the responsibilities of a PRD to another individual if that individual meets the requirements in OAR 333-008-1075. An individual to whom a designation or assignment is made, and who is approved by the Authority, has the same legal obligations as a PRD.

(5) An individual may not act in the capacity of a PRD without approval from the Authority.

(6) If the Authority denies the request to add or change a PRD or primary PRD, or denies the request to designate or assign the responsibilities of a PRD to another individual, the Authority must notify the individual that submitted the request of the denial and the current primary PRD, and describe the reason for the denial.

(7) A registered dispensary may not be open for business or receive or transfer any marijuana items without at least one Authority approved PRD and a primary PRD.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 105-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 151-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1110
Medical Marijuana Dispensaries: Locations of Medical Marijuana Dispensaries; Dispensary Premises Restrictions and Requirements

(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 prekindergarten or kindergarten program that is provided by a school district or an education service district;

(d) Within 1,000 feet of the real property comprising a public, parochial, or private elementary or secondary school, except as provided in ORS 475C.840; or

(e) Within 1,000 feet of another medical marijuana dispensary.

(2) For purposes of implementing ORS 475C.833(3)(d), the Oregon Health Authority (Authority) will consider a location to be a school if it has at least the following characteristics:

(a) Is a public, parochial, or private elementary or secondary school as those terms are defined OAR 333-008-0010;

(b) There is a building or physical space where students gather together for education purposes on a regular basis;

(c) A curriculum is provided;

(d) Attendance is compulsory under ORS 339.020 or children are being taught as described in ORS 339.030(1)(a); and

(e) Individuals are present to teach or guide student education.

(3) For purposes of determining the distance between a dispensary and a school or building described in ORS 475C.833(3)(d)(A) "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising an existing public, parochial, or private elementary or secondary school to the closest point of the premises of a dispensary. If any portion of the premises of a proposed or registered dispensary is within 1,000 feet of a public, parochial, or private elementary or secondary school it may not be registered.

(4) For purposes of determining the distance between a dispensary and another registered dispensary "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of a registered dispensary to the closest point anywhere on the premises of a proposed dispensary. If any portion of the premises of a proposed dispensary is within 1,000 feet of a registered dispensary it may not be registered.

(5) In order to be registered a dispensary must operate at a particular location as specified in the application and may not be mobile.

(6) Minors on Premises. A dispensary registrant may not permit a minor to be present in any limited access or point of sale area of a registered dispensary.

(7) On Premises Consumption.

(a) A dispensary registrant may not permit the ingestion, inhalation or topical application of a marijuana item anywhere on the premises of the registered dispensary, except as described in subsection (b) of this section.

(b) An employee of a registered dispensary who is a patient may consume a marijuana item during his or her work shift on the premises of the registered dispensary as necessary for his or her medical condition, if the employee is:

(A) Alone and in a closed room where no dispensary marijuana items are present;

(B) Not visible to patients or caregivers on the premises of the registered dispensary to receive a transfer of a marijuana item; and

(C) Not visible to the public outside the dispensary.

(c) For purposes of this section consume does not include smoking, combusting, inhaling, vaporizing, or aerosolizing a marijuana item.

(8) General Public and Visitor Access. The general public is not permitted on the premises of a registered dispensary, except as permitted by OAR 333-008-1500 and in accordance with this rule.

(a) In addition to registrant representatives, the following visitors are permitted on the premises of a dispensary, including limited access areas, subject to the requirements in section (9) of this rule:

(A) Laboratory personnel, if the laboratory is accredited by the Authority;

(B) A contractor authorized by a registrant representative to be on the premises; or

(C) Individuals authorized to transfer marijuana items to a registered dispensary.

(b) A registered dispensary may permit up to seven invited guests 21 years of age and older, per week, on the premises of a registered dispensary, including limited access areas, subject to the requirements in section (9) of this rule.

(9) Visitor Escort, Log and Badges.

(a) Prior to entering the premises of a registered dispensary all visitors permitted by section (8) of this rule must be documented and issued a visitor identification badge from a registrant representative that must remain visible while on the premises. All visitors described in section (8) of this rule must be accompanied by a registrant representative at all times.

(b) A dispensary registrant must maintain a log of all visitor activity and the log must contain the first and last name and date of birth of every visitor, and the date they visited.

(10) Government Access. Nothing in this rule is intended to prevent or prohibit Authority employees or contractors, or other state or local government officials that have jurisdiction over some aspect of the premises or a dispensary registrant to be on the premises.

(a) A visitor badge is not required for government officials.

(b) A dispensary must log every government official that enters the premises but the dispensary may not request that the government official provide a date of birth for the log.

(11) Limited Access Areas.

(a) All limited access areas must be physically separated from any area where the general public is permitted, by a floor to ceiling wall that prevents physical access between the limited access area and an area that is open to the general public except through a door that is kept locked by a dispensary when the door is not immediately in use.

(b) An applicant or registered dispensary may request, in writing, an exception from the Authority from the requirement to have a floor to ceiling wall. The request must include the reason the exception is being sought, pictures of the area in question, and a description of an alternative barrier that accomplishes the goal of providing a significant physical barrier between the general public and any marijuana items on the premises of the dispensary.

(12) A dispensary must have:

(a) A designated limited access area or areas where transfers of marijuana items are received and such an area may not be accessible to patients or designated primary caregivers on the premises to receive the transfer of a marijuana item or the general public; and

(b) A designated area within the premises where patients and designated primary caregivers and other visitors enter the dispensary and are checked in.

(13) The areas described in section (12) of this rule must be clearly marked on the scaled floor plan required in OAR 333-008-1020.

(14) Point of Sale Areas.

(a) All point of sale areas must be physically separated from any area where the general public is permitted by a floor to ceiling wall that prevents physical access between a point of sale area and an area that is open to the general public except through a door that is kept locked by a dispensary when the door is not immediately in use.

(b) An applicant or registrant may request, in writing, an exception from the Authority from the requirement under subsection (a) of this section to have a floor to ceiling wall. The request must include the reason the exception is being sought, pictures of the area in question, and a description of an alternative barrier that accomplishes the goal of providing a significant physical barrier between the general public and any marijuana items on the premises of the dispensary.

(c) All areas where marijuana items are available for transfer to a patient or designated primary caregiver must be supervised by a dispensary representative at all times when a patient or designated primary caregiver is present.

(d) A dispensary may not transfer a marijuana item to a patient or designated primary caregiver through a drive-through window.

(15) A dispensary may not sublet or share with any other business any portion of the dispensary premises, except a registered processing site under common ownership.

(16) If a dispensary premises is located in a building or structure that includes residential, industrial, agricultural or other commercial uses, occupancies or tenant space, the dispensary premises and any other use, occupancy or tenant space must be completely separate with no communication of space or means of ingress or egress between the dispensary premises and any other use, occupancy or tenant space, except as follows:

(a) A dispensary may share a premises with a registered marijuana processing site that is under common ownership, in accordance with section (17) of this rule and OAR 333-008-2080.

(b) A dispensary is permitted to have a door from the dispensary premises that opens into a common space shared by other commercial uses, occupants, tenants or the public, but that is not exclusively under the control or possession of a single other commercial use, occupancy or tenancy, in accordance with section (17) of this rule.

(17) If a dispensary premises is located in a building or structure that includes residential, industrial, agricultural or other commercial uses, occupancies or tenant space and under section (16) of this rule ingress or egress is permitted, every means of ingress and egress must be:

(a) Through a door that is locked at all times, when not in immediate use, by a commercial grade lock, and that does not permit access by the public.

(b) Posted with signage in accordance with OAR 333-008-1205, as applicable.

(c) Equipped with security and surveillance system coverage in accordance with OAR 333-008-2080 and 333-008-2100.

(18) Residential occupancy of a dispensary premises is prohibited.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 106-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 152-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 4-2015, f. & cert. ef. 1-28-15
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1200
Medical Marijuana Dispensaries: Operation of Registered Dispensaries

(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.

(2) Employees. A registered dispensary may employ an individual between the ages of 18 and 20 if the individual is a patient. Otherwise, dispensary employees must be 21 years of age or older.

(3) Standardized Scales. In order to obtain a registration and to retain registration a dispensary registrant must own, maintain on the premises and use a weighing device that is licensed by the Oregon Department of Agriculture. Licensed weighing devices must be used by a registered dispensary whenever marijuana items are:

(a) Transferred to or from the dispensary and the transfer is by weight;

(b) Packaged for transfer by weight; or

(c) Weighed for purposes of documenting information required in:

(A) OAR 333-008-1230, 333-008-1245, and 333-008-1247.

(B) CTS.

(4) Inventory Tracking and Point of Sale System: In order to obtain a registration and to retain registration a registered dispensary must have an installed and fully operational integrated inventory tracking and point of sale system that can and does, at a minimum:

(a) Produce bar codes or similar unique identification numbers for each marijuana item lot transferred to a registered dispensary;

(b) Trace back or link each transfer of a marijuana item to a patient or caregiver to the marijuana item lot;

(c) Capture all information electronically that is required to be documented in OAR 333-008-1230 and 333-008-1245; and

(d) Generate inventory, transaction, and transfer reports viewable in Excel and PDF format.

(5) Online Verification of Registration Status. A dispensary must verify an individual’s registration status with the Authority when receiving or making the transfer of a marijuana item if the Authority has available an online system for such verification.

(6) Inventory On-Site. Marijuana items must be kept on-site at the dispensary. The Authority may take enforcement action against a dispensary registrant if during an inspection a dispensary registrant cannot account for its inventory or if the amount of usable marijuana at the registered dispensary is not within five percent of the documented inventory.

(7) Testing. A dispensary registrant may not accept a transfer of a marijuana item that has not been tested in accordance with OAR 333-007-0300 to 333-007-0500 or that has failed a test under OAR 333-007-0450.

(8) Packaging and Labeling. A dispensary may not accept a transfer of a marijuana item or transfer a marijuana item that does not comply with the Commission’s labeling and packaging requirements in OAR chapter 845, division 25. A dispensary that packages or labels marijuana items must comply with the Commission’s pre-approval process in OAR chapter 845, division 25 and 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.

(9) Oregon Department of Agriculture Licensure. A registered dispensary that sells or handles food, as that term is defined in ORS 616.695, or a cannabinoid concentrate, extract or product intended for human consumption as that term is defined in OAR 333-008-0010, must be licensed by the Oregon Department of Agriculture under ORS 616.706.

(10) Industrial Hemp Products.

(a) A dispensary may only accept the transfer of and may only transfer a product that contains adult use cannabinoids or CBD that is derived from marijuana.

(b) Nothing in this section prohibits a dispensary from buying or selling hemp products not intended for human application, consumption, inhalation, ingestion, or absorption, such as hemp clothing.

(11) Tobacco and Nicotine. A dispensary may not offer or sell tobacco or nicotine products in any form including, but not limited to, loose tobacco, pipe tobacco, cigarettes as defined in ORS 323.010, cigarillos as that is defined in OAR 333-015-0030, liquid nicotine containers as that is defined in OAR 333-015-0305 or pre-filled nicotine inhalant delivery devices.

(12) For purposes of this rule "marijuana item lot" means a quantity of seeds, immature plants, usable marijuana, medical cannabinoid products, concentrates or extracts transferred to a registered dispensary at one time and that is from the same harvest lot or process lot as those terms are defined in OAR 333-008-0010.

(13) Concentration limits. A dispensary may not receive, possess, sell, offer, or transfer a marijuana item to a patient or caregiver that does not meet the Commission’s cannabis concentration limit rules adopted under OAR chapter 845, division 26.

(14) A dispensary may not receive, possess, sell, offer, or transfer an inhalable cannabinoid product that does not meet the requirements of OAR 333-008-1785.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 107-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 259-2018, minor correction filed 11/28/2018, effective 11/28/2018
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 153-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 41-2016(Temp), f. 12-23-16, cert. ef. 12-31-16 thru 6-28-17
PH 33-2016, f. & cert. ef. 11-28-16
PH 27-2016(Temp), f. & cert. ef. 9-30-16 thru 3-1-17
PH 26-2016(Temp), f. & cert. ef. 9-9-16 thru 3-7-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 4-2015, f. & cert. ef. 1-28-15
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1205
Registered Dispensary Signage

(1) In order to obtain a registration and to retain registration a dispensary registrant must post:

(a) At every entrance to the dispensary:

(A) "Medical Marijuana Patients Only".

(B) "No On-Site Consumption of Marijuana".

(b) At all areas of ingress to a limited access area signs that reads:

(A) "Restricted Access Area — Authorized Personnel Only".

(B) "No Minors Allowed".

(c) At all areas of ingress to a point of sale area a sign that reads: "Restricted Access Area — No Minors Allowed".

(d) At the point of sale, the following posters prescribed by the Authority, measuring 22 inches high by 17 inches wide that can be downloaded at www.healthoregon.org/ommp:

(A) A Pregnancy Warning Poster; and

(B) A Poisoning Prevention Poster.

(2) All signs required by this rule must be:

(a) Legible, not less than 8 1/2 inches by and 11 inches, composed of letters not less than one-half inch in height;

(b) In English and Spanish, if a Spanish version is available through the Authority; and

(c) Posted in a conspicuous location where the signs can be easily read by individuals entering or on the dispensary premises.

(3) All signs may be downloaded at www.healthoregon.org/ommp.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 108-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 154-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1230
Medical Marijuana Dispensaries: Transfers to a Registered Dispensary

(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.

(b) Authorization to Transfer Forms. In order to be valid an Authorization to Transfer form must include at least:

(A) The patient’s name, OMMP card number or receipt number and expiration date and contact information;

(B) The name and contact information of the individual who is authorized to transfer the usable marijuana, seeds or immature marijuana plants to the registered dispensary and that individual’s OMMP card number and expiration date;

(C) The name and address of the registered dispensary that is authorized to receive the usable marijuana, seeds or immature marijuana plants; and

(D) The date the authorization expires, if earlier than the expiration date of the patient’s OMMP card.

(2) Transfer of medical cannabinoid products, concentrates, and extracts. A registered dispensary may only accept a transfer of a medical cannabinoid product, concentrate or extract from a registered medical marijuana processing site. The individual transferring the products, concentrates or extracts must provide the dispensary with a Processing Site Authorization to Transfer form prescribed by the Authority. In addition to retaining a copy of the Processing Site Authorization to Transfer form the dispensary must obtain a copy of the photo identification of the individual transferring the cannabinoid product, concentrate or extract as required in paragraph (3)(b)(B) of this rule.

(3) Transfer Records. At the time a marijuana item is transferred to a dispensary the dispensary registrant must:

(a) Document, on a form prescribed by the Authority, as applicable:

(A) The weight in metric units of all usable marijuana received by the registered dispensary;

(B) The number of seeds and immature plants received by the registered dispensary;

(C) The amount of a medical cannabinoid product, concentrate, or extract received by the registered dispensary, including, as applicable, the weight in metric units, or the number of units;

(D) The name of the marijuana item;

(E) The date the marijuana item was received;

(F) The harvest or process lot numbers, and batch numbers; and

(G) The amount paid by the registered dispensary.

(b) Obtain and maintain a copy of, as applicable:

(A) Documents required in section (1) of this rule including the date it was received;

(B) The photo identification of the individual transferring the marijuana item to the dispensary, if such a copy is not already on file;

(C) The OMMP card of the individual transferring usable marijuana, seeds or immature plants;

(D) The medical marijuana processing site registration; and

(E) Test results for marijuana items transferred to the dispensary.

(c) Review laboratory testing results and confirm that the:

(A) Test results are associated with the marijuana items being transferred; and

(B) Marijuana item has passed all required testing.

(4) Nothing in these rules requires a dispensary registrant to accept a transfer of a marijuana item.

(5) All documentation required in this rule must be maintained electronically in an integrated inventory tracking and point of sale system or the electronic data management system described in OAR 333-008-1247.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 109-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 155-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 41-2016(Temp), f. 12-23-16, cert. ef. 12-31-16 thru 6-28-17
PH 33-2016, f. & cert. ef. 11-28-16
PH 26-2016(Temp), f. & cert. ef. 9-9-16 thru 3-7-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 4-2015, f. & cert. ef. 1-28-15
PH 20-2014, f. & cert. ef. 7-11-14
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14

333-008-1245
Transfers From a Registered Dispensary to a Patient or Designated Primary Caregiver

(1) A dispensary registrant must, prior to permitting an individual to enter a point of sale area on the dispensary premises verify that the individual is a current patient or designated primary caregiver.

(2) A registered dispensary must, prior to transferring a marijuana item to a patient or a designated primary caregiver:

(a) Verify the individual is currently registered with the Oregon Health Authority (Authority) by viewing the individual’s government issued photo identification and Authority issued patient or caregiver card, or the patient’s receipt, as described in OAR 333-008-0023(6) or OAR 333-008-0040(5) and making sure the identities match.

(b) Obtain and retain, if not already on file, a copy of the patient’s or caregiver’s:

(A) Oregon Medical Marijuana Program (OMMP) identification card or receipt; and

(B) Government issued photo identification.

(c) Document:

(A) The name, OMMP card number and expiration date of the card of each person to whom the registered facility transfers a marijuana item;

(B) If the marijuana item was transferred to a designated primary caregiver, the patient’s name and registration number for whom the caregiver was receiving the transfer;

(C) The amount of usable marijuana transferred in metric units, if applicable;

(D) The number of seeds or immature plants transferred, if applicable;

(E) The amount of a medical cannabinoid product concentrate, or extract, if applicable;

(F) The brand name of the marijuana item and a description of what was transferred;

(G) The date of the transfer; and

(H) The amount of money paid by the patient or designated primary caregiver for the transfer.

(3) A dispensary registrant may not transfer at any one time to a patient or designated primary caregiver, within one day, more than:

(a) 24 ounces of usable marijuana;

(b) 16 ounces of a medical cannabinoid product in solid form;

(c) 72 ounces of a medical cannabinoid product in liquid form;

(d) 16 ounces of a cannabinoid concentrate whether sold alone or contained in an inhalant delivery system;

(e) 10 grams of a cannabinoid extract whether sold alone or contained in an inhalant delivery system;

(f) Four immature marijuana plants; and

(g) 50 seeds.

(4) All documentation required in this rule must be maintained electronically in an integrated inventory tracking and point of sale system or the electronic data management system described in OAR 333-008-1247.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 110-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 156-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 25-2014, f. & cert. ef. 9-24-14
PH 9-2014(Temp), f. & cert. ef. 4-1-14 thru 9-27-14

333-008-1247
Medical Marijuana Dispensaries: Registered Dispensary Record Keeping

(1) In order to obtain a registration and to retain registration a PRD must have an installed and fully operational electronic data management system that is either the same as or different than the integrated inventory tracking and point of sale system required in OAR 333-008-1200 capable of maintaining:

(a) All copies of documents required to be obtained and retained in OAR 333-008-1230 and 333-008-1245;

(b) Any revocation of an Authorization to Transfer form or personal agreement; and

(c) All other information required to be documented and retained by these rules if such information is not contained in the inventory tracking and point of sale system required in OAR 333-008-1200.

(2) A dispensary registrant must maintain all information required to be documented in these rules in a safe and secure manner that protects the information from unauthorized access, theft, fire, or other destructive forces, and is easily accessed and retrievable by the Authority upon request, either at the registered dispensary or online.

(3) The electronic data management system described in section (1) of this rule must:

(a) Provide for an off-site or secondary backup system; and

(b) Provide security measures to ensure patient records are kept confidential.

(4) Documents and information required to be maintained in these rules must be retained by a PRD for at least two years.

(5) A dispensary registrant must provide the Authority with any documentation required to be maintained in these rules upon request, in the format requested by the Authority, or permit the Authority access to such documentation on-site.

Statutory/Other Authority: ORS 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.833
History:
PH 111-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 157-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1252
Dispensary CTS Tracking

(1) All registered dispensaries must track the transfers of usable marijuana, immature marijuana plants, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts to and from the dispensary in CTS in accordance with OAR chapter 845, division 25 and pay the required CTS fee in OAR 333-008-1030 in accordance with instructions from the Authority.

(2) A dispensary must comply with any applicable CTS requirements in OAR chapter 845, division 25 and cooperate with any inspection or investigation conducted by the Commission under ORS 475C.871(6).

(3) To comply with this rule a registered dispensary must comply with any instructions and deadlines provided by the Authority or the Commission, including but not limited to:

(a) Paying the required CTS user fee;

(b) Setting up and activating a CTS user account;

(c) Successfully completing all required CTS training; and

(d) Ordering Unique Identification (UID) Tags and tagging all inventory.

(4) A registered dispensary may not accept or make any transfers of marijuana items, unless the dispensary has an active CTS user account, has UID tags, has tagged all inventory and is capable of entering required information into CTS.

Statutory/Other Authority: ORS 475C.871
Statutes/Other Implemented: ORS 475C.871
History:
PH 112-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 159-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, adopt filed 12/22/2017, effective 01/01/2018

333-008-1255
Medical Marijuana Dispensaries: Non-Profit Dispensaries

(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.

(2) Prior to accepting a gift, devise, or bequest as described in section (1) of this rule a registered dispensary owned by a nonprofit corporation must:

(a) Provide the Authority with proof that the dispensary is owned by a nonprofit corporation organized under ORS chapter 65;

(b) Have written policies and procedures for providing free or discounted marijuana items to a patient with an annual income at or below the federal poverty guidelines or to such a patient’s designated primary caregiver, that include but are not limited to:

(A) How the dispensary will determine a patient’s eligibility for free or discounted marijuana items;

(B) Whether marijuana items will be provided free of charge or at a discounted price; and

(C) How the dispensary will determine who is eligible for free marijuana items and who is eligible for discounted marijuana items, as applicable.

(c) Post a sign at the entrance to the dispensary that reads: Nonprofit Dispensary – Free or Discounted Marijuana Items Available for Eligible OMMP Patients.

(d) Post a sign that can easily be seen at every point of sale that describes:

(A) The proof a patient or a patient’s designated primary caregiver must provide to be eligible for free or discounted marijuana items; and

(B) What marijuana items are free or available at a discounted price to eligible patients.

(3) In addition to the record keeping requirements in OAR 333-008-1230, 333-008-1245, and 333-008-1247, a dispensary owned by a nonprofit corporation organized under ORS chapter 65 must specifically document:

(a) The receipt of a marijuana item that is a gift, devise or bequest; and

(b) The transfer of a marijuana item to a patient or a patient’s designated primary caregiver free or at a discounted price because the patient has an annual income at or below the federal poverty level, and the proof of income provided to the dispensary by the patient or the patient’s designated primary caregiver.

(4) A registered dispensary owned by a nonprofit corporation organized under ORS chapter 65 must provide to the Authority at the time a renewal application is submitted a report that shows:

(a) The amount or number of marijuana items, by type, received by gift, devise or bequest;

(b) The amount or number of marijuana items received by gift, devise or bequest by each registration, license, or certificate type;

(c) The amount or number of marijuana items transferred for free to eligible patients or designated primary caregivers in accordance with this rule; and

(d) The amount or number of marijuana items by type transferred at a discounted price to eligible patients or designated primary caregivers in accordance with this rule, broken down by the amount discounted.

(5) The report submitted by a dispensary under section (4) of this rule may not contain any individually identifiable information.

(6) Nothing in this rule prohibits a dispensary from providing free or discounted marijuana items to any patient or designated primary caregiver.

Statutory/Other Authority: ORS 475C.850
Statutes/Other Implemented: ORS 475C.850
History:
PH 113-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 160-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 33-2016, f. & cert. ef. 11-28-16

333-008-1600
Medical Marijuana Processors: Applicability

(1) OAR 333-008-1600 to 333-008-2200 applies to any person processing marijuana for transfer to a registered dispensary.

(2) A person may not process marijuana unless the person is registered in accordance with these rules, except for a person:

(a) Processing marijuana under a license issued by the Commission under ORS 475C.085; or

(b) Who has been designated as a primary caregiver under ORS 475C.789 who processes a medical cannabinoid product or a cannabinoid concentrate for the caregiver’s patient and who does not transfer medical cannabinoid product or cannabinoid concentrate to a dispensary.

Statutory/Other Authority: ORS 475C.815 & 475C.830
Statutes/Other Implemented: ORS 475C.815 & 475C.830
History:
PH 114-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 211-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 161-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1610
Medical Marijuana Processors: Definitions

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.

(5) "Cannabinoid topical" means a cannabinoid product intended to be applied to skin or hair.

(6) "Cannabinoid transdermal patch" means an adhesive substance applied to human skin that contains a cannabinoid product, concentrate or extract for absorption into the bloodstream.

(7) "Food" means a raw, cooked, or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

(8) "Person responsible for the marijuana processing site" or "PRP" means an individual who is directly involved in the day-to-day operation of a processing site and is identified as a PRP on an application.

(9) "Primary PRP" means a PRP designated by the owner of the processing site as the primary point of contact for the Oregon Health Authority (Authority) and who is authorized to receive any and all communications and legal notices from the Authority.

(10) "Processing site representative" means an owner, director, officer, PRP, manager, employee, agent or other representative of a registered processing site, to the extent that the person acts in a representative capacity.

(11) "Processing site registrant” means:

(a) An individual who owns a registered processing site or if a business entity owns the registered processing site, each individual who has a financial interest in the registered processing site; and

(b) Any PRP.

(12) "These rules" means OAR 333-008-1600 to 333-008-2200 and 333-008-5000.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 115-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 282-2018, amend filed 12/20/2018, effective 01/01/2019
PH 212-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 162-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1620
Medical Marijuana Processors: Application for Medical Marijuana Processing Site Registration

(1) To register a medical marijuana processing site a person must:

(a) Submit an initial application on a form prescribed by the Oregon Health Authority (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 person responsible for the marijuana processing site (PRP); and

(C) The physical and mailing address of the marijuana processing site.

(b) Application and registration fees.

(c) An initial application for the registration of a processing site must be submitted as prescribed on the Authority’s website, www.healthoregon.org/ommp.

(2) If an initial application is submitted along with the required fees the Authority will notify the applicant that the initial application has been received and that within 30 calendar days of the date the written notice is mailed or sent electronically the following information must be received by the Authority:

(a) For each individual named in the application:

(A) A legible copy of the individual’s valid government issued photographic identification that includes last name, first name and date of birth;

(B) Information, fingerprints and fees required for a criminal background check in accordance with OAR 333-008-2020; and

(C) An Individual History Form and any information identified in the form that is required to be submitted.

(b) If the applicant intends to process extracts, proof from the local government that the proposed location of the processing site is not located in an area that is zoned for residential use;

(c) Proof that the business is registered or has filed an application to register as a business with the Oregon Office of the Secretary of State, including proof of registration of any DBA (doing business as) registration;

(d) A scaled site plan of the parcel or premises on which the premises proposed for registration, is located, including:

(A) Cardinal directional references;

(B) Bordering streets and the names of the streets;

(C) Identification of the building or buildings in which the proposed processing site is to be located;

(D) The dimensions of the proposed premises of the processing site;

(E) Identification of other buildings or property owned by or under the control of the applicant on the same parcel or tax lot as the premises proposed for registration that will be used in the business; and

(F) Identification of any residences on the parcel or tax lot.

(e) A scaled floor plan of all enclosed areas of the premises at the proposed location that will be used in the business with the overall dimensions of the dispensary and the dimensions of the interior rooms and spaces, a description of the intended uses of all spaces and clear identification and location of:

(A) Walls;

(B) Partitions;

(C) Counters;

(D) Windows;

(E) Safes;

(F) All areas of ingress and egress;

(G) All limited access areas;

(H) Secure rooms; and

(I) Designated limited access areas or designated areas required under OAR 333-008-1730(8);

(f) Documentation that shows the applicant has lawful possession of the proposed location of the processing site;

(g) A description of the type of products to be processed, a description of equipment to be used, including any solvents, gases, chemicals or other compounds used to create extracts or concentrates on a form prescribed by the Authority; and

(h) The proposed endorsements as described in OAR 333-008-1700.

(i) Consent for use of the premises.

(A) If the applicant is the owner of the premises of the medical marijuana processing site to be registered, submit to the Authority with the application a statement accurately identifying the legal address and owner of the premises or the property owner’s legal representative.

(B) If the applicant is not the owner of the premises of the medical marijuana processing site to be registered, the applicant shall obtain a consent form prescribed by the Authority identifying the legal address and owner of the premises. The consent form must confirm ownership of the premises and the owner’s consent to the applicant’s use of the location for the purpose of a medical marijuana processing site for at least one annual license term and must be signed by the owner of the premises, witnessed by a notary public. This requirement must be satisfied by using the designed form published by the Authority on its website.

(C) The consent form outlined in paragraph (A) or (B) of this subsection is valid for only the medical marijuana processing site named on the consent form and must not have been terminated prior to its receipt by the Authority.

(3) The information and documentation required in section (3) of this rule may be submitted electronically to the Authority or may be mailed to the Oregon Medical Marijuana Program, Oregon Health Authority, PO Box 14116, Portland, OR 97293.

(a) If documentation is mailed, it must be received by the Authority within 30 calendar days of the date the Authority mailed the notice to the applicant that the application was received or the application will be considered incomplete.

(b) If documentation is submitted electronically it must be received by the Authority within 30 calendar days of the date the Authority mailed the notice to the applicant that the application was received or the application will be considered incomplete.

(4) Application and registration fees must be paid online as prescribed by the Authority within five business days of the applicant submitting the initial application.

(5) Criminal background check fees must be paid as prescribed by the Authority on its website, www.healthoregon.org/ommp, and must be received by the Authority in accordance with provisions in section (4) of this rule.

(6) If the Authority does not receive a complete application, all documentation required in sections (1) and (2) of this rule, and all required fees within the time frames established in this rule, the application will be declared incomplete.

(7) If the applicant provides the documentation required in section (2) of this rule, the Authority will review the information to determine if it is sufficient.

(a) If the documentation required under section (2) of this rule is not complete or is insufficient the Authority must notify the applicant in writing and the applicant will have 10 calendar days from the date such written notice is mailed or sent electronically by the Authority to provide the additional documentation.

(b) If the applicant does not provide the additional documentation within 10 calendar days or if any responsive documents are incomplete, insufficient or otherwise do not demonstrate compliance with ORS 475C.833 and these rules the application will be declared incomplete.

(8) A person who wishes to register more than one location must submit a separate application, registration fees, and all documentation described in sections (1) and (2) of this rule for each location.

(9) An application that is declared incomplete is treated by the Authority as if it was never received.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 116-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 163-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1630
Medical Marijuana Processors: Processing Site Fees

(1) The initial fees for the registration of a processing site are:

(a) A non-refundable application fee of $500; and

(b) A $3,500 registration fee.

(2) The annual renewal fees for the registration of a processing site are:

(a) A $500 non-refundable renewal fee; and

(b) A $3,500 registration fee.

(3) The criminal background check fee is $35 per individual.

(4) Cannabis Tracking System (CTS) user fee: $480.

(5) The Oregon Health Authority (Authority) may not return the registration fee unless:

(a) An application is incomplete; or

(b) An applicant withdraws an application.

(6) Notwithstanding section (5) of this rule, the Authority may not refund a registration fee if the Authority has issued the applicant a 60-day letter under OAR 333-008-1650(6) and the applicant subsequently withdraws the application or the applicant does not comply with the 60-day deadline or an extension deadline under OAR 333-0080-1650(7) or (8).

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 117-2022, minor correction filed 06/07/2022, effective 06/07/2022
PH 213-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 164-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1650
Medical Marijuana Processors: Processing Site Application Review

(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.

(4) Prior to making a decision whether to approve or deny an application the Authority must:

(a) Review the criminal background check results for each individual named on the application;

(b) Verify that the applicant is registered as a business with the Office of the Secretary of State; and

(c) Verify that the proposed location of the processing site is not located:

(A) In an area that is zoned for residential use if the processor intends to make extracts; and

(B) Is not in a city or county that has adopted an ordinance under ORS 475C.950 prohibiting processing sites.

(5) If during the review process the Authority determines that the application or supporting documentation contains intentionally false or misleading information the Authority may declare the application incomplete or deny the application in accordance with OAR 333-008-1670.

(6) The Authority will notify the applicant in writing that the applicant has 60 calendar days from the date of the written notice to submit a Readiness Form, prescribed by the Authority, indicating that the applicant is prepared for an inspection and is in compliance with these rules if:

(a) There is no basis for denial under OAR 333-008-1670;

(b) The proposed processing site is in compliance with ORS 475C.815 and these rules;

(c) Each individual named in the application passes the criminal background check; and

(d) Each individual named as a PRP in the application meets the age requirement.

(7) If the Authority does not receive the Readiness Form in accordance with section (6) of this rule the applicant’s application will be declared incomplete, unless an extension has been granted under section (8) of this rule.

(8) An applicant may request one extension of the 60-day deadline in section (6) of this rule if the applicant can demonstrate to the Authority that the deadline cannot be met for reasons outside of the applicant’s control, such as but not limited to the applicant’s inability to obtain local government building permits.

(a) A request for an extension must be in writing, must be received within 60 calendar days of the notice described in section (6) of this rule, and must explain and provide documentation that shows the applicant cannot, for reasons outside of the applicant’s control, meet the 60-day deadline.

(b) A request for an extension tolls the 60-day deadline.

(c) The Authority will review the request and provide, in writing to the applicant, its decision and the reason for the decision.

(d) If an extension is granted the Authority must inform the applicant of the new deadline for submission of the Readiness Form, but in any case an extension may not exceed 60 calendar days.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 118-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 214-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 165-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1660
Medical Marijuana Processors: Processing Site Pre-Approval Inspection; Approval of Application

(1) The Authority must perform a site visit within 30 days of receiving a timely Readiness Form, as that is described in OAR 333-008-1650 to determine whether the applicant and processing site are in compliance with these rules.

(2) If, after the site visit the Authority determines that the applicant and processing site are in compliance with these rules the Authority must provide the primary PRP with proof of registration that includes a unique registration number, and notify the primary PRP in writing that the processing site may operate, and issue any applicable endorsements.

(3) If, after the site visit the Authority determines that the processing site is not in compliance with these rules the Authority may:

(a) Give the applicant 10 business days to come into compliance;

(b) Propose to deny the application in accordance with OAR 333-008-1670; or

(c) Consider the application to be incomplete.

(4) A processing site must at all times display proof of registration in a prominent place inside the processing site so that proof of registration is easily visible to individuals authorized to be on the premises of the processing site.

(5) A registered processing site may not use the Authority or the OMMP name or logo except to the extent that information is contained on the proof of registration on any signs at the processing site, on its website, or in any advertising or social media.

(6) A processing site’s registration:

(a) Is only valid for the location indicated on the proof of registration.

(b) May not be transferred to another location.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 119-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 215-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 166-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1670
Medical Marijuana Processors: Denial of Processing Site Application

(1) The Authority must deny an application for the registration of a processing site if:

(a) An application, supporting documentation provided by the applicant, or other information obtained by the Authority shows that the qualifications for a processing site in ORS 475C.815 or these rules have not been met; or

(b) An individual named in an application has been:

(A) Convicted for the manufacture or delivery of a controlled substance in Schedule I or Schedule II within two years from the date the application was received by the Authority; or

(B) Convicted more than once for the manufacture or delivery of a controlled substance in Schedule I or Schedule II; or

(c) The city or county in which the facility is located has prohibited processing sites in accordance with ORS 475C.950.

(2) The Authority may deny an applicant if it determines that the applicant, the owner of the processing site, a PRP, or an employee of the processing site:

(a) Submitted false or misleading information to the Authority; or

(b) Violated a provision of ORS 475C.770 to 475.949, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7, these rules or an ordinance adopted pursuant to ORS 475C.897.

(3) If an individual named in an application is not qualified based on age, or the criminal background check, the Authority will permit a change form to be submitted in accordance with OAR 333-008-1720 or 333-008-2030, along with the applicable criminal background check fee. If the individual named in the change form is not qualified the Authority must deny the application in accordance with section (1) of this rule.

(4) If the Authority intends to deny an application for registration it must issue a Notice of Proposed Denial in accordance with ORS 183.411 through 183.470.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 120-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 216-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 167-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1680
Medical Marijuana Processors: Withdrawal of Processing Site Application

An applicant for a processing site registration may withdraw an initial or renewal application at any time prior to the Authority acting on the application unless the Authority has determined that the applicant submitted false or misleading information or there is a pending investigation or enforcement action in which case the Authority may refuse to accept the withdrawal and may issue a notice of proposed denial in accordance with OAR 333-008-1670.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 121-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 217-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 168-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1690
Medical Marijuana Processors: Expiration and Renewal of Registration for Processing Site

(1) A processing site’s registration expires one year following the date of application approval.

(2) A processing site registrant must submit not more than 90 but at least 30 calendar days before the registration expires:

(a) A renewal application on a form prescribed by the Authority;

(b) Renewal fee and CTS user fee, if due at time of renewal;

(c) For each individual named in the renewal application:

(A) A legible copy of the individual’s valid government issued photographic identification that includes last name, first name and date of birth;

(B) Information, fingerprints and fees required for a criminal background check in accordance with OAR 333-008-2020; and

(C) An Individual History Form and any information identified in the form that is required to be submitted; and

(d) Current proof of business registration with the Secretary of State, including all DBA (doing business as) registrations.

(3) A processing site registrant who files a completed renewal application, fees, and all the information required in section (2) of this rule with the Authority prior to the expiration date of the registration may continue to operate, even after the registration expiration date, pending a decision on the renewal application by the Authority.

(4) A processing site registrant that does not submit a timely application, fees and all the information required in section (2) of this rule may be denied or subject to the imposition of civil penalties.

(5) The Authority may notify a processing site registrant who, prior to the registration’s expiration, submits an incomplete application and may give the registrant 10 calendar days to submit the missing information. The Authority may deny the renewal application of a registrant who fails to comply with this section.

(6) Renewals will be processed in accordance with OAR 333-008-1650 to 333-008-1670, as applicable.

(7) A renewal applicant may be required to submit a Readiness Form, as described in OAR 333-008-1650(9) and may be subject to inspection prior to the Authority acting on a renewal application.

(8) For purposes of this rule, a renewal application is considered complete when the Authority receives the completed application form, fees and information required in section (2) of this rule.

(9) The Authority may not renew the registration of a processing site if the registrant is not complying with the CTS tracking requirements in OAR 333-008-1825 and OAR chapter 845, division 25, applicable to processing sites.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 122-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 218-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 169-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1700
Medical Marijuana Processors: Processing Site Endorsements

(1) A marijuana processor may only process and transfer medical cannabinoid products, concentrates or extracts if the processor has received an endorsement from the Authority for that type of processing activity. Endorsements types are:

(a) Cannabinoid edible processor;

(b) Cannabinoid topical processor;

(c) Cannabinoid concentrate processor;

(d) Cannabinoid extract processor; and

(e) Cannabinoid tincture, capsule, suppository, or transdermal patch processor.

(2) An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time following registration.

(3) In order to apply for an endorsement an applicant or processing site registrant must submit a form prescribed by the Authority that includes a description of the type of products to be processed, a description of equipment to be used, and any solvents, gases, chemicals or other compounds proposed to be used to create extracts or concentrates.

(4) Only one application and registration fee is required regardless of how many endorsements an applicant or registrant requests or at what time the request is made.

(5) A processing site registrant may hold multiple endorsements.

(6) For the purposes of endorsements any cannabinoid product that is intended to be consumed orally is considered a cannabinoid edible.

(7) If a processor is no longer going to process the product for which the processor is endorsed the processor must notify the Authority in writing and provide the date on which the processing of that product will cease.

Statutory/Other Authority: ORS 475C.815 & 475C.824
Statutes/Other Implemented: ORS 475C.815 & 475C.824
History:
PH 123-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 219-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 170-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1710
Medical Marijuana Processors: PRP Criteria and Responsibilities

(1) A PRP must:

(a) Be 21 years or age or older;

(b) Have legal authority to act on behalf of the registered processing site; and

(c) Be responsible for ensuring the registered processing site complies with applicable laws.

(2) A PRP may not:

(a) Have been convicted in any state for the manufacture or delivery of a controlled substance in Schedule I or Schedule II within two years from the date of application; or

(b) Have been convicted more than once in any state for the manufacture or delivery of a controlled substance in Schedule I or Schedule II.

(3) At least one PRP must be on site at a processing site during Authority inspections or investigations at the time of the inspection or investigation or within one hour of being notified that an inspection or investigation is taking place.

(4) A PRP is accountable for any intentional or unintentional action of a processing site representative, with or without the knowledge of the PRP, who violates ORS 475C.815 to 475C.824 or these rules, and is responsible for any unlawful conduct that occurs on the premises of the processing site or any property outside the registered processing site that is owned by or under the control of the processing site registrant.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 124-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 220-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 171-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1720
Medical Marijuana Processors: Removal, Addition, Change, Designation or Assignment of PRP

(1) If an owner of a registered processing site is adding or changing a PRP or primary PRP, an individual with legal authority to act on behalf of the registered processing site must submit:

(a) A form, prescribed by the Authority;

(b) A legible copy of the individual’s valid government issued photographic identification that includes last name, first name and date of birth;

(c) Information and fingerprints required for a criminal background check in accordance with OAR 333-008-2020; and

(d) A criminal background check fee of $35.

(2) A PRP who is designating or assigning the responsibilities of a PRP to another individual must submit the information and fees required in section (1) of this rule. The duties of a primary PRP may not be designated or assigned.

(3) The Authority will review and approve the addition or change of a PRP or primary PRP if the individual meets the requirements in OAR 333-008-1710.

(4) The Authority will review and approve the designation or assignment of the responsibilities of a PRP to another individual if that individual meets the requirements in OAR 333-008-1710. An individual to whom a designation or assignment is made, and who is approved by the Authority, has the same legal obligations as a PRP.

(5) An individual may not act in the capacity of a PRP without approval from the Authority.

(6) If the Authority denies the request to add or change a PRP or primary PRP, or denies the request to designate or assign the responsibilities of a PRP to another individual, the Authority must notify the individual that submitted the request of the denial and the current primary PRP and describe the reason for the denial.

(7) A registered processing site may not process marijuana or receive or transfer any marijuana items without at least one Authority approved PRP and a primary PRP.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 125-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 221-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 172-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1730
Medical Marijuana Processors: Registered Processing Site Premises Restrictions and Requirements

(1) A registered processing site may not be located in an area that is zoned for residential use if the processing site is endorsed to make cannabinoid extracts.

(2) In order to be registered a processing site must operate at a particular location as specified in the application and may not be mobile.

(3) Minors on Premises. A registered processing site may not permit a minor to be present in any limited access area of a registered processing site.

(4) On Premises Consumption.

(a) A registered processing site may not permit the ingestion, inhalation or topical application of a marijuana item anywhere on the premises of the processing site, except as described in subsection (b) of this section.

(b) An employee of a registered processing site who is a patient may consume a marijuana item during his or her work shift on the premises of the registered processing site as necessary for his or her medical condition, if the employee is:

(A) Alone and in a closed room where no processing site marijuana items are present; and

(B) Not visible to the public outside the registered processing site.

(c) For purposes of this section consume does not include smoking, combusting, inhaling, vaporizing, or aerosolizing a marijuana item.

(5) General Public and Visitor Access. The general public is not permitted on the premises of registered processing site, except as permitted by this rule.

(a) In addition to registrant representatives, the following visitors are permitted on the premises of a processing site, including limited access areas, subject to the requirements in section (6) of this rule:

(A) Laboratory personnel, if the laboratory is accredited by the Authority;

(B) A contractor authorized by a registrant representative to be on the premises; or

(C) Individuals authorized to transfer marijuana items to a registered processing site.

(b) A registered processing site may permit up to seven invited guests 21 years of age and older, per week, on the premises of a registered processing site, including limited access areas, subject to the requirements in section (6) of this rule.

(6) Visitor Escort, Log and Badges.

(a) Prior to entering the premises of a registered processing site all visitors permitted by section (5) of this rule must be documented and issued a visitor identification badge from a registrant representative that must remain visible while on the premises. A visitor badge is not required for government officials. All visitors described in section (5) of this rule must be accompanied by a registrant representative at all times.

(b) A processing site registrant must maintain a log of all visitor activity and the log must contain the first and last name and date of birth of every visitor, and the date they visited.

(7) Government Access. Nothing in this rule is intended to prevent or prohibit Authority employees or contractors, or other state or local government officials that have jurisdiction over some aspect of the premises or a registered processing site to be on the premises.

(a) A visitor badge is not required for government officials.

(b) A processing site must log every government official that enters the premises but the processing site may not request that the government official provide a date of birth for the log.

(8) A registered processing site must have:

(a) A designated limited access area or areas where transfers of marijuana items are received; and

(b) A designated area where visitors enter the processing site premises and are checked in. All limited access areas must be physically separated from any area where the general public is permitted, by a floor to ceiling wall that prevents physical access between the limited access area and an area that is open to the general public except through a door that is kept locked by a processing site when the door is not immediately in use.

(9) The areas described in section (8) of this rule must be clearly marked on the scaled floor plan required in OAR 333-008-1620.

(10) Signage. A registered processing site must post:

(a) At every entrance to the processing site a sign that reads: "No On-Site Consumption of Marijuana".

(b) At all areas of ingress to a limited access area signs that reads:

(A) "Restricted Access Area — Authorized Personnel Only".

(B) "No Minors Allowed".

(c) The signs described in subsection (a) and (b) of this section must:

(A) Be posted in English and Spanish;

(B) Contain legible font, with letters not less than one-half inch in height;

(C) Be at least 8-1/2 inches by 11 inches in size; and

(D) Be posted in a conspicuous location where the sign can be easily read by individuals entering or on the processing site premises.

(11) A processing site may not sublet or share with any other business any portion of the processing site premises, except:

(a) As permitted in OAR 333-008-1790; or

(b) A registered dispensary under common ownership.

(12) If a processing site premises is located in a building or structure that includes residential, industrial, agricultural or other commercial uses, occupancies or tenant space, the processing site premises and any other use, occupancy or tenant space must be completely separate with no communication of space or means of ingress or egress between the processing site premises and any other use, occupancy or tenant space, except as follows:

(a) A processing site may share a premises with a registered marijuana dispensary that is under common ownership, in accordance with section (13) of this rule and OAR 333-008-2080.

(b) A processing site is permitted to have a door from the processing site premises that opens into a common space shared by other commercial uses, occupants, tenants or the public, but that is not exclusively under the control or possession of a single other commercial use, occupancy or tenancy, in accordance with section (13) of this rule.

(13) If a processing site premises is located in a building or structure that includes residential, industrial, agricultural or other commercial uses, occupancies or tenant space and under section (12) of this rule ingress or egress is permitted, every means of ingress and egress must be:

(a) Through a door that is locked at all times, when not in immediate use, by a commercial grade lock, and that does not permit access by the public.

(b) Posted with signage in accordance with OAR 333-008-1730, as applicable.

(c) Equipped with security and surveillance system coverage in accordance with OAR 333-008-2080 and 333-008-2100.

(14) Residential occupancy of a processing site premises is prohibited.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 126-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 173-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1740
Medical Marijuana Processors: Operation of Registered Processing Site

(1) Policies and Procedures. In order to be registered and remain registered a processing site must create and maintain written, detailed standard policies and procedures that include but are not limited to:

(a) Instructions for making each medical cannabinoid product, concentrate or extract.

(b) The ingredients and the amount of each ingredient for each process lot.

(c) The process for making each product.

(d) The number of servings in a process lot.

(e) The intended amount per serving and in a unit of sale of the product of any adult use cannabinoid regulated by the Commission’s cannabis concentration limit rules in OAR chapter 845, division 26, including but not limited to OAR 845-026-0200 and 845-026-0220.

(f) The process for ensuring that the amount of the adult use cannabinoids is consistently distributed throughout each process lot.

(g) If processing a cannabinoid concentrate or extract:

(A) Conducting necessary safety checks prior to commencing processing; and

(B) Purging any solvent or other unwanted components from a cannabinoid concentrate or extract.

(h) Procedures for cleaning all equipment, counters and surfaces thoroughly.

(i) Proper handling and storage of any solvent, gas or other chemical used in processing or on the processing site premises in accordance with material safety data sheets and any other applicable laws.

(j) Proper disposal of any waste produced during processing in accordance with all applicable local, state and federal laws, rules and regulations.

(k) Quality control procedures designed to, at a minimum, ensure that the amount of adult use cannabinoids is consistently distributed throughout each process lot and that potential product contamination is minimized.

(l) Appropriate use of any necessary safety or sanitary equipment.

(m) Emergency procedures to be followed in case of a fire, chemical spill or other emergency.

(n) Security.

(o) Transfers of marijuana items to and from the processing site.

(p) Testing.

(q) Packaging and labeling if the processor intends to or is packaging and labeling marijuana items after transfer to the processing site.

(r) Employee training.

(s) Compliance with these rules, including but not limited to violations and enforcement.

(t) Roles and responsibilities for employees and PRPs in assisting the Authority during inspections or investigations.

(2) Prohibitions. A registered processing site may not process or transfer a marijuana item:

(a) That by its shape, design or flavor is likely to appeal to minors, including but not limited to:

(A) Products that are modeled after non-cannabis products primarily consumed by and marketed to children; or

(B) Products in the shape of an animal, vehicle, person or character.

(b) That is made by applying cannabinoid concentrates or extracts to commercially available candy or snack food items.

(c) That contains dimethyl sulfoxide (DMSO).

(d) If such an item is an inhalable cannabinoid product that does not meet the requirements in OAR 333-008-1785.

(3) Employees. A registered processing site may employ an individual between the ages of 18 and 20 if the individual is a patient. Otherwise, processing site employees must be 21 years of age or older.

(4) Standardized Scales. In order to obtain a registration and to retain registration a processing site registrant must own, maintain on the premises and use a weighing device that is licensed by the Oregon Department of Agriculture. Licensed weighing devices must be used by a processing site whenever marijuana items are:

(a) Transferred to or from the processing site and the transfer is by weight;

(b) Packaged for transfer by weight; or

(c) Weighed for purposes of documenting information required in:

(A) OAR 333-008-1760, 333-008-1770, and 333-008-1820.

(B) CTS.

(5) Inventory Tracking and Point of Sale System: A registered processing site must have an integrated inventory tracking and point of sale system that can and does, at a minimum:

(a) Produce bar codes or similar unique identification numbers for each lot of usable marijuana transferred to a registered processing site and for each lot of a medical cannabinoid product, concentrate or extract transferred to a registered dispensary;

(b) Capture all information required to be documented in OAR 333-008-1760 and 333-008-1770; and

(c) Generate inventory, transaction, transport and transfer reports requested by the Authority viewable in Excel and PDF format.

(6) Online Verification of Registration Status. A registered processing site must verify an individual’s or processing site’s registration status with the Authority when receiving a transfer of a marijuana item if the Authority has available an online system for such verification.

(7) Transfers from and to patients or designated primary caregivers.

(a) A registered marijuana processing site may transfer a medical cannabinoid product, concentrate or extract to a patient, or a patient’s designated primary caregiver if the patient or the patient’s designated primary caregiver provides the marijuana processing site with the marijuana to be processed into the medical cannabinoid product, concentrate or extract and the marijuana processing site receives no compensation for the transfer of the marijuana.

(b) A registered processing site must document each transfer of marijuana by a patient or the patient’s designated primary caregiver to the processing site in accordance with OAR 333-008-1760 and 333-008-1770.

(c) A registered processing site must document each transfer of a cannabinoid product, concentrate or extract to a patient or the patient’s designated primary caregiver in accordance with OAR 333-008-1760 and 333-008-1770.

(d) A registered processing site may be compensated by the patient or the patient’s designated primary caregiver for all costs associated with the processing of marijuana for the patient.

(8) Inventory On-Site. Marijuana items must be kept on-site at the registered processing site. The Authority may take enforcement action against a registered processing site if during an inspection a processing site cannot account for its inventory or if the amount of usable marijuana at the processing site is not within five percent of the documented inventory.

(9) Testing. A registered processing site must comply with the applicable sampling and testing requirements in OAR 333-007-0300 to 333-007-0500 and may not:

(a) Accept a transfer of a marijuana item that has not been tested in accordance with OAR 333-007-0300 to 333-007-0490 or that has failed a test under OAR 333-007-0450 and the product, concentrate or extract cannot be remediated.

(b) Transfer a medical cannabinoid product, concentrate or extract that has not been tested in accordance with OAR 333-007-0300 to 333-007-0490 or that has failed a test under OAR 333-007-0450 and the product, concentrate or extract cannot be remediated.

(10) Packaging and Labeling. A registered processing site must comply with the Commission’s labeling and packaging requirements in OAR chapter 845, division 25. A processing site:

(a) Must comply with the Commission’s pre-approval process for packaging and labeling in OAR chapter 845, division 25.

(b) Must keep all records related to the pre-approval process for two years from the date of approval and provide those records at the request of the Authority.

(c) May not transfer a marijuana item unless the package and label have been pre-approved by the Commission or pre-approval is not required under the Commission’s rules.

(11) Industrial Hemp Products. A processing site may only accept the transfer of and may only transfer a product that contains adult use cannabinoids or CBD that is derived from marijuana.

(12) Sampling. A registered processing site may provide a sample of a medical cannabinoid product, concentrate or extract to a dispensary for the purpose of the dispensary determining whether to purchase the product, concentrate or extract but the product, concentrate or extract may not be consumed on the processing site. Any sample provided to a dispensary must be recorded in the database.

(13) For purposes of this rule:

(a) "Lot of usable marijuana" means a quantity of usable marijuana transferred to a registered processing site from the same harvest lot as that term is defined in OAR 333-008-0010; and

(b) "Lot of medical cannabinoid products, concentrates or extracts" means a quantity of a medical cannabinoid product, concentrate or extract transferred to a registered dispensary at one time and that is from the same process lot as that term is defined in OAR 333-008-0010.

(14) Concentration limits. A processing site may not receive, possess, sell, offer, or transfer a marijuana item to a dispensary, patient or caregiver that does not meet the Commission’s cannabis concentration limit rules adopted under OAR chapter 845, division 26.

Statutory/Other Authority: ORS 475C.815 & 475C.824
Statutes/Other Implemented: ORS 475C.815 & 475C.824
History:
PH 127-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 260-2018, minor correction filed 11/28/2018, effective 11/28/2018
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 174-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 27-2016(Temp), f. & cert. ef. 9-30-16 thru 3-1-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1750
Medical Marijuana Processors: Processor Training Requirements

(1) In order to be registered and remain registered a processing site must have a comprehensive training program that includes, at a minimum, the following topics:

(a) The standard operating policies and procedures.

(b) The hazards presented by all solvents or other chemicals used in processing and on the registered premises as described in the material safety data sheet for each solvent or chemical.

(c) Applicable Authority statutes and rules.

(2) At the time of hire and prior to engaging in any processing, and once yearly thereafter, each employee involved in the processing of a medical cannabinoid product, concentrate or extract must be trained in accordance with the processing site’s training program.

Statutory/Other Authority: ORS 475C.815 & 475C.824
Statutes/Other Implemented: ORS 475C.815 & 475C.824
History:
PH 128-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 222-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 175-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1760
Medical Marijuana Processors: Transfers to a Registered Processing Site

(1) Transfers of Marijuana by a Patient or Designated Primary Caregiver to Process for Return to a Patient. A patient or designated primary caregiver may transfer marijuana to a registered processing site for no compensation for the purpose of the registered processing site processing the marijuana into a cannabinoid product, concentrate or extract and returning the product, concentrate or extract to the patient or designated primary caregiver.

(a) If a designated primary caregiver is transferring the marijuana, a registered processing site may only accept a transfer of marijuana under this section if the caregiver provides the original or a copy of a valid Authorization to Transfer form prescribed by the Authority.

(b) In order to be valid an Authorization to Transfer form must include at least:

(A) The patient’s name, OMMP card number, OMMP receipt number if applicable and expiration date and contact information;

(B) The name and contact information of the individual who is authorized to transfer the usable marijuana to the registered processing site and that individual’s OMMP card number and expiration date;

(C) The name and address of the registered processing site that is authorized to receive the usable marijuana; and

(D) The date the authorization expires, if earlier than the expiration date of the patient’s OMMP card or receipt.

(2) Transfer of Usable Marijuana. A patient, caregiver, or PRMG may transfer usable marijuana to a registered processing site, for no consideration, subject to the requirements in this rule.

(a) A registered processing site may only accept a transfer of usable marijuana if the individual transferring the usable marijuana 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.

(b) Authorization to Transfer Forms. In order to be valid an Authorization to Transfer form must include at least:

(A) The patient’s name, OMMP card number and expiration date and contact information;

(B) The name and contact information of the individual who is authorized to transfer the usable marijuana to the registered processing site and that individual’s OMMP card number and expiration date;

(C) The name and address of the registered processing site that is authorized to receive the usable marijuana; and

(D) The date the authorization expires, if earlier than the expiration date of the patient’s OMMP card.

(3) Transfer of medical cannabinoid products, concentrates or extracts. A registered processing site may only accept a transfer of a medical cannabinoid product, concentrate or extract from another registered medical marijuana processing site.

(4) A registered processing site may only accept a transfer of a medical cannabinoid product, concentrate or extract from a registered processing site that provides a Processing Site Authorization to Transfer form, prescribed by the Authority. In addition the registered processing site must obtain a copy of the photo identification of the individual transferring the product, concentrate or extract as required in paragraph (5)(b)(B) of this rule.

(5) Transfer Records. At the time marijuana, usable marijuana or a medical cannabinoid product, concentrate or extract is transferred to a registered processing site a processing site representative must:

(a) Document, on a form prescribed by the Authority, as applicable:

(A) The weight in metric units of all usable marijuana received by the processing site;

(B) The amount of a medical cannabinoid product, concentrate or extract received by the processing site, including, as applicable, the weight in metric units, or the number of units;

(C) The name of the usable marijuana or medical cannabinoid product, concentrate or extract;

(D) The date the usable marijuana or medical cannabinoid product, concentrate or extract was received;

(E) The harvest or process lot numbers; and

(F) The amount paid by the registered processing site.

(b) Obtain and maintain a copy of, as applicable:

(A) Documents required in sections (1) through (3) of this rule including the date it was received;

(B) The photo identification of the individual transferring the usable marijuana or medical cannabinoid product, concentrate or extract to the registered processing site, if such a copy is not already on file;

(C) The OMMP card of the individual transferring usable marijuana;

(D) The medical marijuana processing site registration; and

(E) Test results for marijuana items transferred to the processing site unless the processing site plans to arrange for the testing of the marijuana item.

(6) Nothing in these rules requires a registered processing site to accept a transfer of a marijuana item.

(7) All documentation required in this rule must be maintained electronically in an integrated inventory tracking and point of sale system.

Statutory/Other Authority: ORS 475C.815 & 475C.824
Statutes/Other Implemented: ORS 475C.815, 475C.824 & 475C.827
History:
PH 129-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 176-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1770
Medical Marijuana Processors: Transfers from a Registered Processing Site

(1) A registered processing site must, in addition to the completing a Processing Site Authorization to Transfer form, prescribed by the Authority, document the following for transfers to a registered dispensary or registered processing site, on a form prescribed by the Authority:

(a) The name, address, and registration number of the dispensary or processing site to which a medical cannabinoid product, concentrate or extract was transferred;

(b) The amount of medical cannabinoid product, concentrate, or extract transferred;

(c) The name of the medical cannabinoid product, concentrate, or extract transferred;

(d) The process lot numbers associated with the transfer;

(e) The date of the transfer; and

(f) The amount of money paid by the registered dispensary or processing site for the transfer.

(2) A registered processing site must document the following for the transfer of a medical cannabinoid product, concentrate or extract to a patient or designated primary caregiver pursuant to ORS 475C.827(1)(b) and (c):

(a) The name and registration number or OMMP receipt number of the patient or designated primary caregiver to which a medical cannabinoid product, concentrate or extract was transferred;

(b) If the medical cannabinoid product, concentrate or extract was transferred to a designated primary caregiver, the patient’s name and registration number for whom the caregiver was receiving the transfer;

(c) The amount of medical cannabinoid product, concentrate, or extract transferred;

(d) The name of the medical cannabinoid product, concentrate, or extract transferred;

(e) The date of the transfer; and

(f) The amount of money paid by the patient or designated primary caregiver for the transfer.

(3) All documentation required in this rule must be maintained electronically in an integrated inventory tracking and point of sale system.

Statutory/Other Authority: ORS 475C.815
Statutes/Other Implemented: ORS 475C.815
History:
PH 130-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 177-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1780
Medical Marijuana Processors: General Processing Site Health and Safety Requirements

(1) A processing site must:

(a) Use equipment, counters and surfaces for processing that are food-grade and do not react adversely with any solvent being used.

(b) Have counters and surface areas that are constructed in a manner that reduce the potential for development of microbials, molds and fungi and that can be easily cleaned.

(c) Maintain the processing site in a manner that is free from conditions which may result in contamination and that is suitable to facilitate safe and sanitary operations for product preparation purposes.

(2) A processing site may not treat or otherwise adulterate a medical cannabinoid product, concentrate or extract with any additives that would increase potency, toxicity, or addictive potential, or that would create an unsafe combination with other psychoactive substances. Prohibited additives include but are not limited to nicotine, alcohol, caffeine, or chemicals that increase carcinogenicity.

Statutory/Other Authority: ORS 475C.815 & 475C.824
Statutes/Other Implemented: ORS 475C.815 & 475C.824
History:
PH 131-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 223-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 178-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1785
Inhalable Cannabinoid Product Processing Site Requirements

(1) A processing site may only use a non-cannabis additive in an inhalable cannabinoid product if the non-cannabis additive is accompanied by a list of ingredients from the manufacturer of the non-cannabis additive that:

(a) In a header section, displays the name of the non-cannabis additive and the business name of the manufacturer of the non-cannabis additive;

(b) In clear and legible font, includes a statement that the non-cannabis additive is for use in a product intended for human inhalation;

(c) Accurately identifies all ingredients in the non-cannabis additive; and

(d) For each ingredient of the non-cannabis additive, includes:

(A) A Chemical Abstracts Service Reference Number that specifies the ingredient’s isomer and, if applicable, enantiomer; and

(B) The ingredient’s concentration range within 20 percentage points.

(2) A processing site may not use a non-cannabis additive in an inhalable cannabinoid product that contains any amount of:

(a) Squalene;

(b) Squalane;

(c) Vitamin E Acetate;

(d) Triglycerides, including but not limited to Medium-Chain Triglyceride (MCT) Oil; or

(e) Propylene Glycol, unless the product is going to be delivered through a metered dose inhaler whose functionality does not require combustion or heated vaporization.

(3) A processing site in possession of an inhalable cannabinoid product with non-cannabis additives must:

(a) Record the item in CTS with the item category of "Inhalable Cannabinoid Product with Non-Cannabis Additives".

(b) In the item’s ingredients section of CTS record:

(A) The name of all non-cannabis additives used in the items; and

(B) For each non-cannabis additive used, the business name of the manufacturer of the non-cannabis additive.

(c) The ingredients recorded in CTS under subsection (3)(b) if this rule must match the information that is contained in the header section of the non-cannabis additive’s list of ingredients as required under subsection (1)(a) of this rule.

(4) A processing site may not manufacture or process an inhalable cannabinoid product that does not meet the requirements of this rule.

(5) A processing site may not possess, sell, deliver, transfer, transport, purchase, or receive an inhalable cannabinoid product that does not meet the requirements of this rule.

Statutory/Other Authority: ORS 475C.815 & 475C.824
Statutes/Other Implemented: ORS 475C.815 & 475C.824
History:
PH 132-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 79-2021, adopt filed 11/15/2021, effective 01/01/2022

333-008-1790
Medical Marijuana Processors: Cannabinoid Edible Processor Requirements

(1) A processing site endorsed to make cannabinoid edibles may only process in a food establishment licensed by the Oregon Department of Agriculture (ODA) and must comply with the applicable provisions of OAR chapter 603, division 21, division 24, division 25, with the exception of OAR 603-025-0020(17), and division 28.

(2) A processing site endorsed to make cannabinoid edibles may not:

(a) Engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant or single-event temporary restaurant licensed under ORS chapter 624;

(b) Share a food establishment with a person not registered with the Authority as a cannabinoid edible processor;

(c) Process cannabinoid edibles and food in the same food establishment; or

(d) Use a cannabinoid concentrate or extract in a cannabinoid edible unless that concentrate or extract was processed in a food establishment licensed by ODA under OAR chapter 603, division 21, division 24, division 25, with the exception of OAR 603-025-0020(17), and division 28.

(3) A processing site endorsed to make cannabinoid edibles may share a food establishment with another Authority registered cannabinoid edible processor if:

(a) The schedule, with specific hours and days that each processor will use the food establishment, is prominently posted at the entrance to the food service establishment.

(b) Each registrant designates a separate area to secure, in accordance with OAR 333-008-2080 any marijuana, medical cannabinoid products, concentrates or extracts that a registrant stores at the food establishment. If a cannabinoid edible processor does not store marijuana, medical cannabinoid products, concentrates or extracts at the food establishment those items must be stored on a registered processing site under the processor’s control.

(4) A food establishment used by a processing site endorsed to make cannabinoid edibles is considered a registered processing site and must meet the security and other premises requirements in these rules.

(5) A processing site endorsed to make cannabinoid edibles is strictly liable for any violation found at a shared food establishment during that processor’s scheduled time, as reflected on the posted schedule or within that processor’s designated area in the food establishment.

(6) If the Authority cannot determine by viewing the schedule or video surveillance footage who was responsible for the violation, each processor at the shared food establishment is individually and jointly liable for any documented violations.

(7) A processing site must make cannabinoid edibles in a manner that results in the adult use cannabinoids being distributed consistently throughout the edible.

Statutory/Other Authority: ORS 475C.815 & 475C.824
Statutes/Other Implemented: ORS 475C.815 & 475C.824
History:
PH 133-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 224-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 179-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1800
Medical Marijuana Processors: Cannabinoid Concentrate and Extract Processor Requirements

(1) Cannabinoid Concentrates or Extracts. A processing site endorsed to make cannabinoid concentrates or extracts:

(a) May not use Class I solvents as those are classified in the Federal Drug Administration Guidance, Table I, published in the Federal Register on December 24, 1997 (62 FR 67377).

(b) Must:

(A) Only use a hydrocarbon-based solvent that is at least 99 percent purity.

(B) Only use a non-hydrocarbon-based solvent that is food-grade.

(C) Work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.

(D) Use only potable water and ice made from potable water in processing.

(E) If making a concentrate or extract that will be used in a cannabinoid edible, be endorsed as a cannabinoid edible processor.

(2) Cannabinoid Extracts. A processing site endorsed to make cannabinoid extracts:

(a) May not use pressurized canned flammable fuel, including but not limited to butane and other fuels intended for use in camp stoves, handheld torch devices, refillable cigarette lighters and similar consumer products

(b) Must:

(A) Process in a:

(i) Fully enclosed room clearly designated on the current diagram of the registered premises.

(ii) Room and with equipment, including all electrical installations, that meet the requirements of the Oregon Structural Specialty Code, related Oregon Specialty Codes and the Oregon Fire Code.

(B) Use a commercially manufactured professional grade closed loop extraction system designed to recover the solvents and built to recognized and generally accepted good engineering standards, such as those of:

(i) American National Standards Institute (ANSI);

(ii) Underwriters Laboratories (UL); or

(iii) The American Society for Testing and Materials (ASTM).

(C) If using carbon dioxide in processing, use a professional grade closed loop carbon dioxide gas extraction system where every vessel is rated to a minimum of 600 pounds per square inch.

(D) For extraction system engineering services, including but not limited to consultation on and design of extraction systems or components of extraction systems, use the services of a professional engineer registered with the Oregon State Board of Examiners for Engineering and Land Surveying, unless an exemption under ORS 672.060 applies;

(E) Have an emergency eye-wash station in any room in which cannabinoid extract is being processed.

(F) Have all applicable material safety data sheets readily available to personnel working for the processor.

(3) Cannabinoid Concentrates. A processing site endorsed to make cannabinoid concentrates:

(a) May not:

(A) Use denatured alcohol.

(B) If using carbon dioxide, apply high heat or pressure.

(b) Must only use or store dry ice in a well ventilated room to prevent against the accumulation of dangerous levels of carbon dioxide.

(c) May use:

(A) A mechanical extraction process;

(B) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or

(C) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use heat over 180 degrees or pressure.

Statutory/Other Authority: ORS 475C.815 & 475C.824
Statutes/Other Implemented: ORS 475C.815 & 475C.824
History:
PH 134-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 225-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 180-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1810
Medical Marijuana Processors: Cannabinoid Topical, Tincture, Capsule, Suppository or Transdermal Patch Processor

(1) A processing site endorsed to make cannabinoid topicals, tinctures, capsules, suppositories or transdermal patches may not engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant or single-event temporary restaurant licensed under ORS chapter 624.

(2) A registered processing site making cannabinoid capsules and tinctures may only process in a food establishment licensed by the Oregon Department of Agriculture (ODA) and must comply with the applicable provisions of OAR chapter 603, division 21, division 24, division 25, with the exception of OAR 603-025-0020(17), and division 28.

Statutory/Other Authority: ORS 475C.815 & 475C.824
Statutes/Other Implemented: ORS 475C.815 & 475C.824
History:
PH 135-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 226-2018, minor correction filed 05/17/2018, effective 05/17/2018
PH 181-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1820
Medical Marijuana Processors: Registered Processing Site Recordkeeping

(1) In addition to other record keeping required in these rules a registered processing site must keep records documenting the following:

(a) How much marijuana is in each process lot, as that term is defined in OAR 333-008-0010.

(b) For usable marijuana used in a process lot, the harvest lot number associated with that usable marijuana.

(c) For cannabinoid concentrates, extracts or products used in a process lot, the process lot number associated with that concentrate, extract or product.

(d) If a product is returned by a registered dispensary, how much product is returned and why.

(e) If a defective product was reprocessed, how the defective product was reprocessed.

(f) Each training provided in accordance with OAR 333-008-1750, the names of employees who participated in the training, and a summary of the information provided in the training.

(g) All testing results.

(2) A processor must obtain a material safety data sheet for each solvent used or stored on the licensed premises and maintain a current copy of the material safety data sheet and a receipt of purchase for all solvents used or to be used in an extraction process on the licensed premises.

(3) If the Authority requires a processor to submit or produce documents to the Authority that the processor believes falls within the definition of a trade secret as defined in ORS 192.501, the processor must mark each document "confidential" or "trade secret".

Statutory/Other Authority: ORS 475C.815 & 475C.824
Statutes/Other Implemented: ORS 475C.815 & 475C.824
History:
PH 136-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 261-2018, minor correction filed 11/28/2018, effective 11/28/2018
PH 182-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-1835
Medical Marijuana Processors: Processing Site CTS Tracking

(1) All registered processing sites must track the transfers of marijuana, usable marijuana, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts to and from the processing site in CTS in accordance with OAR chapter 845, division 25 and pay the required CTS fee in OAR 333-008-1030.

(2) A processing site must comply with any applicable CTS rules 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 processing site must comply with any instructions and deadlines provided by the Authority or the Commission, including but not limited to:

(a) Paying the required CTS user fee;

(b) Setting up and activating a CTS user account;

(c) Successfully completing all required CTS training; and

(d) Ordering Unique Identification (UID) Tags and tagging all inventory.

(4) A registered processing site may not accept or make any transfers of marijuana items unless the processing site has an active CTS user account, has UID tags, has tagged all inventory and is capable of entering required information into CTS.

Statutory/Other Authority: ORS 475C.871
Statutes/Other Implemented: ORS 475C.871
History:
PH 137-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 228-2018, minor correction filed 05/23/2018, effective 05/23/2018
PH 184-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, adopt filed 12/22/2017, effective 01/01/2018

333-008-2000
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Definitions

For purposes of OAR 333-008-2000 to 333-008-2200:

(1) "Applicant" means a person applying for a new or renewal registration for a dispensary or processing site.

(2) "Registrant" means a registered dispensary or registered processing site.

(3) "Registrant representative" means an owner, director, officer, PRD, PRP manager, employee, agent or other representative of a registrant to the extent that the person acts in a representative capacity.

(4) "These rules" means OAR 333-008-2000 to 333-008-2200.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 138-2022, minor correction filed 06/09/2022, effective 06/09/2022
PH 185-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2010
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Communication with the Oregon Health Authority

If an applicant or registrant is required to or elects to submit information or documentation to the Authority by a particular deadline it must be received, regardless of the method used to submit the writing, by 5 p.m. Pacific Time.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 139-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 186-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2020
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Criminal Background Checks

(1) An individual named in a new or renewal application as required by OAR 333-008-1020 or 333-008-1620, or if otherwise required by these rules, must provide to the Authority:

(a) A criminal background check request form, prescribed by the Authority that includes but is not limited to:

(A) First, middle and last name;

(B) Any aliases;

(C) Date of birth; and

(D) Address and recent residency information.

(b) Fingerprints in accordance with the instructions on the Authority’s webpage: www.healthoregon.org/ommp.

(c) A copy of the individual’s driver license.

(2) The Authority may request that an individual disclose his or her Social Security Number if notice is provided that:

(a) Indicates the disclosure of the Social Security Number is voluntary; and

(b) That the Authority requests the Social Security Number solely for the purpose of positively identifying the individual during the criminal records check process.

(3) The Authority shall conduct a criminal records check in order to determine whether the individual has been convicted of the manufacture or delivery of a controlled substance in Schedule I or Schedule II in any state.

(4) If an individual wishes to challenge the accuracy or completeness of information provided by the Department of State Police, the Federal Bureau of Investigation and agencies reporting information to the Department of State Police or Federal Bureau of Investigation, those challenges must be made through the Department of State Police, Federal Bureau of Investigation or reporting agency and not through a contested case process.

(5) Any criminal background information received by the Authority during the criminal background check process is confidential and is not subject to disclosure without a court order.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 140-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 187-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2030
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Notification of Changes

(1) A registrant must notify the Oregon Health Authority (Authority) within 10 calendar days of any of the following:

(a) The conviction for the manufacture or delivery of a controlled substance in Schedule I or Schedule II of any individual named in the application;

(b) A change in any contact information for anyone listed in an application or subsequently identified as an owner, an individual with a financial interest, a person responsible for a medical marijuana dispensary (PRD) or a person responsible for the marijuana processing site (PRP);

(c) A decision to remove a PRD, PRP, primary PRD or primary PRP;

(d) A decision to permanently close the dispensary or processing site at that location;

(e) For a dispensary, the location of a public prekindergarten or kindergarten program is provided by a school district or an education service district, public, parochial, or private elementary or secondary school within 1,000 feet of the dispensary;

(f) The suspected theft of marijuana items; and

(g) Any change in ownership of the premises where the processing site is located if the applicant is not the owner or is no longer the owner of the property.

(2) The notification required in section (1) of this rule must include a description of what has changed or the event and any documentation necessary for the Authority to determine whether the dispensary or processing site or dispensary or processing site registrant is still in compliance with ORS 475C.815, 475C.833 and these rules including but not limited to, as applicable:

(a) A copy of the criminal judgment or order;

(b) The location of the school, public prekindergarten or kindergarten program is provided by a school district or an education service district that has been identified as being within 1,000 feet of the dispensary; or

(c) A copy of the police report documenting that the suspected theft of marijuana items was reported to law enforcement, if it was reported.

(3) Closure. If the dispensary or processing site is closing, the notification required under subsection (1)(d) of this rule must include a detailed description of what the dispensary or processing site intends to do with the marijuana items on the premises and the date on which the dispensary or processing site intends to relinquish their registration. The dispensary or processing site may transfer or sell marijuana items as permitted by these rules or destroy the marijuana items. Any transfer, sale or destruction must be in accordance with the notification required under subsection (1)(d) of this rule.

(4) Changes in Ownership, Financial Interest or Business Structure. A registrant that proposes to change its corporate structure, ownership structure or change who has a financial interest in the business must submit a form prescribed by the Authority, any information identified in the form to be submitted, and criminal background check fees, if applicable, to the Authority, prior to making such a change.

(a) The Authority must review the form and other information submitted and will approve the change if the change would not result in an initial or renewal application denial under OAR 333-008-1060 or 333-008-1670, or serve as the basis of a registration suspension or revocation.

(b) If a change of processing site ownership is submitted to the Authority, the new processing site owner must submit a signed consent form as described in OAR 333-008-1620(2)(i) if they are not the owner of the property where the processing site is located.

(c) If the Authority denies the change but the registrant proceeds with the change the registrant must surrender the registration or the Authority will propose to suspend or revoke the registration.

(5) Failure of a registrant to notify the Authority in accordance with this rule may result in the imposition of civil penalties, the suspension or revocation of a dispensary or processing site’s registration, or denial of a future application.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 141-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 188-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2040
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Changing, Altering, or Modifying Licensed Premises

(1) A registrant may not make any physical changes to the premises that materially or substantially alters the premises or the usage of the premises from the plans originally reviewed by the Authority, without the Authority’s prior written approval.

(2) A registrant intending to make any material or substantial changes to the premises must submit a form prescribed by the Authority, and submit any information identified in the form to be submitted, to the Authority, prior to making any such changes.

(3) The Authority must review the form and other information submitted under section (2) of this rule, and will approve the changes if the changes would not result in an initial or renewal application denial under OAR 333-008-1060 or OAR 333-008-1670.

(4) If the Authority denies the change but the registrant proceeds with the change the registrant must surrender the registration or the Authority will propose to suspend or revoke the registration.

(5) For purposes of this rule a material or substantial change requiring approval includes, but is not limited to:

(a) Any increase or decrease in the total physical size or capacity of the premises;

(b) The sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of public ingress or egress, when such common entryway, doorway or passage alters or changes limited access areas, such as the areas in which the transfer of marijuana items occurs within the premises; or

(c) Any physical change that would require the installation of additional video surveillance cameras or a change in the security system.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 142-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 189-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2050
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Change in Location

(1) A registrant that wishes to change its location must submit a new application that complies with OAR 333-008-1020 or 333-008-1620.

(2) A registrant may not operate at a new location unless it is registered by the Authority.

(3) If a registrant is applying for a registration at a new location because the registrant wishes to change the location of the currently registered dispensary, and the new location is within 1,000 feet of the currently registered dispensary, the Authority will not deny the application based on the new location being within 1,000 feet of a registered dispensary. The Authority shall condition approval of the registration at the new location on the surrender of the registration at the current location.

(4) A dispensary or processing site that is approved to operate at a new location must comply with any instructions provided by the Authority for transferring marijuana items from the previous location to the new location.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 143-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 190-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2060
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Secretary of State Registration Required

A registrant must maintain a current registration as a business with the Office of the Secretary of State in order to receive or maintain registration.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 144-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 191-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2070
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Advertising Restrictions

(1) A registrant may not have advertising that:

(a) Contains statements that are deceptive, false, or misleading;

(b) Contains any content that can reasonably be considered to target minors including but not limited to cartoon characters, toys, or similar images and items typically marketed towards minors;

(c) Specifically encourages the transportation of marijuana items across state lines;

(d) Asserts that marijuana items are safe or safer for reasons including but not limited to because they are regulated by the Authority or have been tested by a certified laboratory;

(e) Make claims that a marijuana item has curative or therapeutic effects unless the claim is supported by the totality of publicly available scientific evidence (including evidence from well-designed studies conducted in a manner consistent with generally recognized scientific procedures and principles) and for which there is significant scientific agreement among experts qualified by scientific training and experience to evaluate such claims; or

(f) Display consumption of marijuana items.

(2) A registrant may not make any deceptive, false, or misleading assertions or statements on any product, any sign, or any document provided to a patient, caregiver, or to an individual as that term is defined in OAR 333-008-1500.

(3) A registrant must include the following statement on all advertising:

(a) "Do not operate a vehicle or machinery under the influence of marijuana".

(b) "Keep marijuana out of the reach of children".

(4) A registrant must remove any sign, display, or advertisement if the Authority finds it violates this rule.

(5) The Authority will notify the registrant and specify a reasonable time period for the registrant to remove any sign, display or advertisement that the Authority finds objectionable.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 145-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 192-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2080
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Security Requirements

In order to be registered and remain registered a registrant must:

(1) Have an installed and fully operational security alarm system, installed by an alarm installation company, activated at all times when the premises is closed for business on all:

(a) Entry or exit points to and from the premises; and

(b) Perimeter windows, if applicable.

(2) Have a security alarm system that:

(a) Detects movement inside the premises;

(b) Is programmed to notify a security company that will notify a registrant representative or his or her designee in the event of a breach; and

(c) Has at least two operational "panic buttons" located inside the premises that are linked with the alarm system that notifies a security company.

(3) Have commercial grade, non-residential door locks installed on every external door of a registered premises where marijuana items are present.

(4) During all hours when the registrant is not operating:

(a) Securely lock all entrances to and exits from the registered premises and ensure any keys or key codes to the enclosed area remain in the possession of the registrant or registrant representative;

(b) Have a safe or vault as those terms are defined in OAR 333-008-0010 for the purpose of securing all marijuana items as required by these rules, except that a registered processing site may keep all usable marijuana, cut and drying mature marijuana plants, cannabinoid concentrates, extracts or products on the premises in a secure area.

(5) Have a password protected network infrastructure.

(6) Have an electronic back-up system for all electronic records.

(7) Keep all video recordings and archived required records not stored electronically in a locked storage area. Current records may be kept in a locked cupboard or desk outside the locked storage area during hours when the registered business is open.

(8) Notwithstanding OAR 333-008-2090 to 333-008-2120 a registered processing site and registered dispensary under common ownership that share a premises are not required to install redundant security systems if the premises are directly accessible to each other by an adjoining door. If a shared security system is utilized:

(a) Any point of common ingress and egress between the premises shall be treated as an external door, for purposes of this rule, and must have security coverage in accordance with sections (1) and (3) of this rule; and

(b) The registrants must maintain the system and provide access to the Authority in accordance with these rules.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 146-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 193-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2090
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Video Surveillance Equipment

In order to be registered and remain registered a registrant must:

(1) Have an installed and fully operational video surveillance recording system with video surveillance equipment that at a minimum:

(a) Consists of:

(A) Digital or network video recorders;

(B) Cameras capable of meeting the requirements of OAR 333-008-2110 and this rule;

(C) Video monitors;

(D) Digital archiving devices;

(E) A minimum of one monitor on premises capable of viewing video; and

(F) A color printer capable of producing still photos.

(b) Is equipped with a failure notification system that immediately notifies a registrant representative of any surveillance interruption or failure that is longer than five minutes; and

(c) Has sufficient battery backup to support a minimum of one hour of recording time in the event of a power outage.

(2) Have a video surveillance system capable of recording all pre-determined surveillance areas in any lighting conditions.

(3) Have, in limited access and point of sale areas, cameras that have minimum resolution of 1280 x 720 pixels (px) and record at 10 fps (frames per second).

(4) Have, in exterior perimeter and non-limited access areas (except for restrooms) cameras that have a minimum resolution of 1280 x 720 px and record at least 5 fps, except where coverage overlaps any limited access areas such as entrances or exits and in those overlap areas cameras must record at 10 fps.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 147-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 194-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2100
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Required Camera Coverage and Camera Placement

In order to be registered and remain registered a registrant must:

(1) Have security camera coverage for:

(a) All secure and limited access areas;

(b) All areas where marijuana items will be and are transferred to or from a registered premises;

(c) All areas where the general public is permitted (except for restrooms);

(d) All points of entry to and exit from limited access areas and areas where marijuana items will be and are transferred to or from a registered premises; and

(e) All points of entry to and exit from the premises.

(2) Have cameras that are positioned so that they capture clear and certain images of any individual and activity occurring:

(a) Within 15 feet both inside and outside of all points of entry to and exit from the premises;

(b) Anywhere within a secure or limited access area on the premises; and

(c) Anywhere within an area where marijuana items will be and are transferred to or from a registered premises.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 148-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 195-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2110
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Video Recording Requirements

(1) In order to be registered and remain registered a registrant must:

(a) Have cameras that are installed, operational, and continuously record 24 hours a day in all areas where marijuana items will be or are on the premises, including areas where the general public is permitted (except restrooms).

(b) Use cameras that record at a minimum resolution of 1280 x 720 px;

(c) Have an installed and operational surveillance system that:

(A) Can produce a color still photograph from any camera image; and

(B) Embeds the date and time on all surveillance recordings without significantly obscuring the picture;

(2) A registrant must:

(a) Keep all surveillance recordings a minimum of 45 calendar days and in a format that can be easily accessed for viewing;

(b) Archive video recordings in a format that ensures authentication of the recording as a legitimately-captured video and guarantees that no alterations of the recorded image has taken place;

(c) Provide video surveillance records and recordings immediately upon request to the Authority for the purpose of ensuring compliance with ORS 475C.833 and these rules;

(d) Keep surveillance recordings for periods exceeding 45 calendar days upon request of the Authority; and

(e) Immediately notify the Authority of any equipment failure or system outage lasting 30 minutes or more.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 149-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 196-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2120
General Requirements for Medical Marijuana Processing Sites and Dispensaries Location and Maintenance of Surveillance Equipment

(1) A registrant must:

(a) Have the surveillance recording equipment housed in a designated secure area or other locked enclosure with access limited to:

(A) The registrant and authorized personnel of the registrant;

(B) Employees of the Authority;

(C) State or local law enforcement agencies for any other state or local law enforcement purpose; and

(D) Service personnel or contractors.

(b) Keep a current list of all authorized personnel and service personnel who have access to the surveillance system and room on the registered premises.

(c) Keep a surveillance equipment maintenance activity log on the registered premises to record all service activity including the identity of any individual performing the service, the service date and time and the reason for service to the surveillance system.

(2) A registrant may store video recordings offsite as long as a PRD or PRP can demonstrate that the recordings are secure and protected, that the recordings are kept for a minimum of 45 calendar days as required in OAR 333-008-2110 and that the Authority can access the video recordings upon request.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 150-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 197-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2140
General Requirements for Medical Marijuana Processing Sites and Dispensaries: State and Local Safety Inspections

(1) A registered premises may be subject to inspection by state or local government officials to determine compliance with state or local health and safety laws.

(2) A person responsible for a registered marijuana processing site must contact any utility provider to ensure that the registrant complies with any local ordinance or utility requirements such as water use, discharge into the sewer system, or electrical use.

(3) The Authority may require a registered processing site or dispensary to obtain a certificate of occupancy issued by a local building official or the Department of Consumer and Business Services Building Codes Division, if the Authority has concerns about the public health and safety of the registered premises.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 151-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 198-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2150
General Requirements for Medical Marijuana Processing Sites and Dispensaries: General Sanitary Requirements

(1) A registrant must:

(a) Prohibit any individual working on the registered premises who has or appears to have a communicable disease, open or draining skin lesion infected with Staphylococcus aureus or Streptococcus pyogenes or any illness accompanied by diarrhea or vomiting for whom there is a reasonable possibility of contact with marijuana items from having contact with a marijuana item until the condition is corrected;

(b) Require all persons who work in direct contact with marijuana items to conform to hygienic practices while on duty, including but not limited to:

(A) Maintaining adequate personal cleanliness; and

(B) Washing hands thoroughly in an adequate hand-washing area before starting work, prior to having contact with a marijuana item and at any other time when the hands may have become soiled or contaminated;

(c) Provide hand-washing facilities adequate and convenient, furnished with running water at a suitable temperature and provided with effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying device;

(d) Properly remove all litter and waste from the registered premises and maintain the operating systems for waste disposal in an adequate manner so that they do not constitute a source of contamination in areas where marijuana items are exposed;

(e) Provide employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair; and

(f) Hold marijuana items that can support the rapid growth of undesirable microorganisms in a manner that prevents the growth of these microorganisms.

(2) For purposes of this rule "communicable disease" includes but is not limited to: diphtheria, measles, Salmonella enterica serotype Typhi infection, shigellosis, Shiga-toxigenic Escherichia coli (STEC) infection, hepatitis A, and tuberculosis.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 152-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 199-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2160
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Foreclosure; Cessation of Operations

In the event that a registrant is foreclosed or otherwise ceases operations as described in ORS chapter 79, a secured party, as defined in ORS 79.0102, may continue operations at the marijuana processing site or dispensary upon submitting to the Authority proof, on a form prescribed by the Authority, that the secured party or, if the secured party is a business entity, any individual who has a financial interest in the secured party, meets the requirements and restrictions set forth in:

(1) For marijuana processing sites, ORS 475C.815(2)(d) and (4); or

(2) For dispensaries, ORS 475C.833(2)(d) and (4).

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 153-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 200-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2170
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Inspections

(1) The Authority must conduct a routine inspection of every registrant at least every year.

(2) The Authority may conduct a complaint inspection at any time following the receipt of a complaint that alleges a registrant or registrant representative is in violation of ORS 475C.815, ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules.

(3) The Authority may conduct an inspection at any time if it believes, for any reason, that a registrant or registrant representative is in violation of ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules.

(4) The Authority may inspect the following to ensure compliance with ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules:

(a) The premises of a proposed marijuana processing site or dispensary, or registered marijuana processing site or dispensary; and

(b) The records of a registered marijuana processing site or dispensary.

(5) Registrant representatives must cooperate with the Authority during an inspection.

(6) If an individual at a registered dispensary or processing site fails to permit the Authority to conduct an inspection or if the Authority requires access to a dispensary or processing site and cannot obtain permission the Authority may seek an administrative warrant authorizing the inspection pursuant to ORS 431A.010.

(7) The Authority may purchase, possess or seize a marijuana item as necessary for the Authority to determine compliance with ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules.

Statutory/Other Authority: ORS 431A.010, 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 154-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 264-2018, minor correction filed 11/28/2018, effective 11/28/2018
PH 201-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2180
Violations

(1) It is a violation for an applicant for a registration, registrant or registrant representative to:

(a) Fail to cooperate with an inspection or investigation by the Oregon Health Authority (Authority) or the Oregon Liquor and Cannabis Commission (Commission). Failure to cooperate includes but is not limited to:

(A) Refusal to grant access to any and all portions of the registered premises.

(B) Failure to provide to the Authority or the Commission, upon request, information concerning compliance with these rules.

(b) Submit false or misleading information to the Authority;

(c) If the registrant is a dispensary, transfer a marijuana item to an individual who is not a patient or a designated primary caregiver;

(d) If the registrant is a processing site, transfer a medical cannabinoid product, concentrate or extract to anyone who is not a registered processing site representative, a registered dispensary representative, a patient or a designated primary caregiver, as permitted under these rules;

(e) Accept the transfer of a marijuana item from an individual who is not registered with the Authority;

(f) Accept the transfer of a marijuana item that was produced or processed in another state;

(g) Possess a mature marijuana plant;

(h) Fail to submit a plan of correction in accordance with OAR 333-008-2190;

(i) Fail to comply with an emergency suspension order or final order of the Authority, including failing to pay a civil penalty;

(j) Fail to comply with ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, these rules, or OAR chapter 333, division 7;

(k) Alter or falsify a laboratory test report or result;

(l) Alter or falsify a receipt issued under OAR 333-008-0023 or 333-008-0040;

(m) Submit false or misleading information to the Commission for the purpose of pre-approval of packaging and labeling as required by OAR chapter 845, division 25;

(n) Submit false or misleading information to a laboratory for the purpose of compliance testing under OAR 333-007-0300 to 333-007-0500; and

(o) To provide marijuana to a patient, designated primary caregiver, employee, or other person to have the marijuana tested for pesticides on behalf of the processing site or dispensary without disclosing to the laboratory the processing site or dispensary registration number.

(p) Misrepresent any marijuana item to a patient, caregiver, person responsible for a marijuana grow site (PRMG), registrant, laboratory licensee, or the public, including:

(A) Misrepresenting the contents of a marijuana item;

(B) Misrepresenting the testing results of a marijuana item; or

(C) Misrepresenting the potency of a marijuana item.

(q) Treat or otherwise adulterate usable marijuana with any chemical, biologically active drug, plant, substance, including nicotine, or other compound that has the effect or intent of altering the usable marijuana’s color, appearance, weight, or smell or that has the effect or intent of increasing potency, toxicity, or addictiveness.

(r) Supply adulterated marijuana items.

(2) It is a violation of ORS 475C.833 and these rules to operate a dispensary without being registered by the Authority.

(3) It is a violation of ORS 475C.815 and these rules to operate a processing site without being registered by the Authority unless an exemption applies.

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.833
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 155-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 79-2021, amend filed 11/15/2021, effective 01/01/2022
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 202-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2190
General Requirements for Medical Marijuana Processing Sites and Dispensaries Enforcement

(1)(a) Informal Enforcement. If, during an inspection the Oregon Health Authority (Authority) documents violations of ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, any of these rules or OAR chapter 333, division 7, the Authority may issue a written Notice of Violation to a registrant that cites the laws alleged to have been violated and the facts supporting the allegations.

(b) A registrant must submit to the Authority a signed plan of correction within 10 business days from the date the Notice of Violation was mailed by the Authority. A signed plan of correction will not be used by the Authority as an admission of the violations alleged in the Notice.

(c) The Authority must determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Authority it must notify the registrant in writing and request that the plan of correction be modified and resubmitted no later than 10 business days from the date the letter of non-acceptance was mailed.

(d) If the written plan of correction is acceptable, the Authority must notify the registrant in writing and specify a date by which the registrant must come into compliance.

(e) If the registrant does not come into compliance by the date specified by the Authority the Authority may propose to suspend or revoke the registrant’s registration or impose civil penalties.

(f) The Authority may conduct an inspection at any time to determine whether a registrant has corrected the deficiencies in a Notice of Violation.

(2) Formal Enforcement. If, during an inspection or based on other information the Authority determines that a registrant is in violation of ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, any of these rules or OAR chapter 333, division 7 the Authority may issue:

(a) A Notice of Proposed Suspension or Revocation in accordance with ORS 183.411 through 183.470.

(b) A Notice of Imposition of Civil Penalties in accordance with OAR 333-008-2200.

(c) An Order of Emergency Suspension pursuant to ORS 183.430.

(3) The Authority must determine whether to use the informal or formal enforcement process based on the nature of the alleged violations, whether there are mitigating or aggravating factors, and whether the registrant has a history of violations.

(4) The Authority must issue a Notice of Proposed Revocation if the registrant no longer meets the criteria in ORS 475C.833(3)(a) to (d) or ORS 475C.815(3)(a) or (b).

(5) The Authority may issue civil penalties or maintain a civil action against an establishment providing the services of a processing site or dispensary but is not registered in accordance with ORS 475C.833, ORS 475C.815 and these rules.

(6) The Authority may revoke the registration of a registrant for failure to comply with an ordinance adopted by a city or county pursuant to ORS 475C.897, if the city or county:

(a) Has provided the registrant with due process substantially similar to the due process provided to a registration holder under the Administrative Procedures Act, ORS 183.413 to 183.470; and

(b) Provides the Authority with a final order that is substantially similar to the requirements for a final order under ORS 183.470 that establishes the registrant is in violation of the local ordinance.

(7) The Authority may revoke the registration of a processing site if the owner of the premises or the property owner’s legal representative where the processing site is located notifies the Authority in writing that they have withdrawn consent for the processing site’s use of the location.

(8) The Authority must post a final order revoking the registration of a registrant on the Authority’s website.

(9) To the extent permitted by law, if the Authority discovers violations that may constitute criminal conduct or conduct that is in violation of laws within the jurisdiction of other state or local governmental entities, the Authority may refer the matter to the applicable agency.

(10) If the registration of a registrant is revoked the owner or an authorized representative of the owner must:

(a) Make arrangements to return the marijuana items still possessed at the location to the person who transferred the marijuana item, document the return, and provide this information in writing within one business day of the transfer, to the Authority; or

(b) Dispose of the marijuana items in a manner specified by the Authority.

(11) The Authority is not required to accept the surrender of a registration and may proceed with an enforcement action even if a registrant has surrendered the registration.

(12) Notwithstanding OAR 333-008-3000 if the Authority suspends or revokes a registration or otherwise takes disciplinary action against the registrant the Authority must provide that information to a law enforcement agency.

(13) The Authority may possess, seize or dispose of marijuana, usable marijuana, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts as is necessary for the Authority to ensure compliance with and enforce the provisions of ORS 475C.815 to 475C.827, 475C.833 to 475C.843, 475C.544, 475C.604, 475C.612, any of these rules or OAR chapter 333, division 7.

Statutory/Other Authority: ORS 431A.010, 475C.815, 475C.833 & 475C.919
Statutes/Other Implemented: ORS 475C.815 & 475C.919
History:
PH 27-2025, amend filed 12/30/2025, effective 01/01/2026
PH 156-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 203-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 33-2016, f. & cert. ef. 11-28-16
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2200
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Civil Penalties

(1) In addition to any other liability or penalty provided by law, the Authority may impose, against any person, a civil penalty that does not exceed $500 per day, for each violation of a provision of:

(a) ORS 475C.833, 475C.843, or any rules adopted thereunder;

(b) ORS 475C.815, 475C.824, 475C.827 or any rules adopted thereunder; or

(c) OAR 333-008-1000 to 333-008-2180 or OAR chapter 333, division 7.

(2) The Authority shall impose civil penalties under this section in the manner provided by ORS 183.745.

Statutory/Other Authority: ORS 431A.010, 475C.815, 475C.833, 475C.895 & 475C.919
Statutes/Other Implemented: ORS 475C.815, 475C.833 & 475C.895
History:
PH 157-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 204-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-2210
Penalty Matrix

(1) The penalty matrix applies to any violations in OAR chapter 333, division 7 and 8.

(2) The Authority has established Category I, II, III and IV violations with Category I violations posing the highest risk to public health and safety, and category IV violations being generally technical in nature.

(3) The Authority may allege multiple violations in a single notice or may count violations alleged in notices issued within the previous two year period toward the total number of violations. In calculating the total number of violations, the Authority may consider a proposed violation for which the Authority has not yet issued a final order.

(4) If the Authority finds one or more mitigating or aggravating circumstances, it may assess a lesser or greater sanction, up to and including revocation. The Authority may decrease or increase a sanction to prevent inequity or to take account of particular circumstances in the case.

(5) The Authority may consider the following mitigating circumstances when determining what sanction to impose:

(a) Making a good faith effort to prevent a violation.

(b) Extraordinary cooperation in the violation investigation demonstrating the licensee or permittee accepts responsibility.

(6) The Authority may consider the following aggravating circumstances when determining what sanction to impose:

(a) Receiving a prior warning about one or more compliance problems.

(b) Repeated failure to comply with laws.

(c) Efforts by person or registrant to conceal a violation.

(d) Intentionally committing a violation.

(e) A violation involving more than one consumer or employee.

(f) A violation involving a transfer of a marijuana item to anyone other than a patient, designated primary caregiver, grower or registrant.

(g) A violation resulting in injury or death.

(h) Three or more violations within a two-year-period, regardless of the category, where the number of the proposed or final violations indicate a disregard for the law or failure to control the premises.

(7) A registrant may not avoid the sanction for a violation or the application of the provision for successive violations by changing the corporate structure for example, by adding or dropping a partner or converting to another form of legal entity when the individuals who own, operate, or control the business are substantially similar.

Statutory/Other Authority: ORS 475C.017
Statutes/Other Implemented: ORS 475C.265, 475C.405, 475C.548 & 475C.628
History:
PH 158-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 205-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2017, f. 5-26-17, cert. ef. 5-31-17

333-008-3000
Medical Marijuana Records: Medical Marijuana Confidentiality

The Oregon Health Authority may only disclose identifying information concerning applicants or registrants in accordance with the following statutes, unless otherwise required by law:

(1) ORS 475C.856 (Database of information related to production, processing and dispensing).

(2) ORS 475C.859 (Database of information related to cardholders).

(3) ORS 475C.862 (Confidentiality of personally identifiable information).

(4) ORS 475C.865 (Disclosure of personally identifiable information upon revocation or suspension of registration).

(5) ORS 475C.698.

(6) ORS 475C.853.

(7) ORS 475C.868.

Statutory/Other Authority: ORS 475C.856 - 475C.865 & 475C.919
Statutes/Other Implemented: ORS 475C.856 - 475C.865 & 475C.919
History:
PH 159-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 206-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-3010
Medical Marijuana Records: System to Allow Verification of Data at All Times By State and Local Law Enforcement

(1) The Authority shall establish an interactive method to allow authorized employees of state and local law enforcement agencies to use the Oregon State Police Law Enforcement Data System (LEDS) to query an OMMP data file in order to verify at any time whether a particular patient, designated primary caregiver, or grow site location is listed or registered with the Authority.

(2) LEDS access will only allow a yes or no answer to the query and the information obtained may not be used for any other purpose other than verification.

(3) The Authority may allow the release of reports related to verification if it is without identifying data.

(4) The Authority shall have staff available by phone to verify law enforcement agency employee questions during regular business hours in case the electronic verification system is down, and in the event the system is expected to be down for more than two business days, the Authority shall ensure program staff are available by phone for verification purposes.

Statutory/Other Authority: ORS 475C.859 & 475C.919
Statutes/Other Implemented: ORS 475C.859
History:
PH 160-2022, minor correction filed 06/10/2022, effective 06/10/2022
PH 207-2018, minor correction filed 04/30/2018, effective 04/30/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16

333-008-5000
Product Recall

(1) The Oregon Health Authority (Authority) may request or require a patient, caregiver, person responsible for a marijuana grow site (PRMG), dispensary, or processing site to recall any marijuana item that they have sold or transferred that does not meet the requirements in OAR chapter 333, division 8 or the minimum standards established by OAR chapter 333, division 7 when testing a marijuana item is required including but not limited to when there is evidence that:

(a) Pesticides were used in the production of marijuana in violation of ORS chapter 634 or OAR chapter 603, division 57 or pesticides not on the Department of Agriculture’s guideline or approved by the U.S. Environmental Protection Agency (EPA) were used in the production of marijuana;

(b) A marijuana item is adulterated, contaminated, may pose a risk to public health and safety, or is otherwise unfit for human use, consumption, or application;

(c) Marijuana was not produced by a PRMG;

(d) A marijuana item was not processed by a processing site, was processed using marijuana that was not produced by a PRMG, or was processed using a marijuana item not processed by a processing site, except as explicitly allowed under OAR chapter 333, division 8; or

(e) A marijuana item is labeled or packaged in a manner that poses a risk to public health and safety.

(2) If a product is being recalled, the Authority:

(a) May notify, or require the patient, caregiver, PRMG, dispensary, or processing site to notify, anyone that received the product of the recall;

(b) May require the dispensary or processing site to notify anyone to whom a marijuana item was sold; and

(c) May require that the patient, caregiver, PRMG, dispensary, or processing site destroy the recalled product.

(3) If the Authority requests or requires the patient, caregiver, PRMG, dispensary, or processing site to initiate a recall pursuant to this rule, the Authority must provide the reason for the recall and any other information necessary for the recall to be initiated.

(4) A patient, caregiver, PRMG, dispensary, or processing site conducting a voluntary or required recall must:

(a) Have a product removal strategy appropriate to the threat and location of the recalled product.

(b) Identify the scope of impacted product and establish a process for identifying affected product subject to a recall, which must include the following:

(A) Distribution list. When identifying products subject to a recall, the patient, caregiver, PRMG, dispensary, or processing site must create a distribution list that includes the following information:

(i) The name, registration number, and address of the dispensary or processing site, and anyone that received the product subject to the recall;

(ii) Manifest or transfer date for each product subject to the recall; and

(iii) Contact information for each person that received product subject to the recall, including names and telephone numbers.

(B) Product information. When identifying each product subject to a recall, the patient, caregiver, PRMG, dispensary, or processing site must document the following product information:

(i) Product description;

(ii) If applicable, a photograph of the principle display panel;

(iii) If applicable, the label identification number required by OAR 333-008-0600, OAR 333-008-1200, or OAR 333-008-1740;

(iv) If applicable, the name and Oregon Medical Marijuana Program (OMMP) identification card number of the PRMG that produced the marijuana;

(v) If applicable, the registration number of the processing site that manufactured the product subject to the recall; and

(vi) Date or date range of the manufacture or harvest of the product subject to the recall.

(c) Provide notification to the following:

(A) The Authority, within 24 hours of initiating the recall.

(B) Each patient, caregiver, PRMG, dispensary and processing site identified on the distribution list under paragraph (4)(b)(A) of this rule that includes the following information:

(i) Product description for the product subject to the recall;

(ii) The reason for recall and related hazards, if any. If the product is being removed for quality rather than public health and safety reasons, the notice may state that the product does not meet internal specifications and is being removed from distribution;

(iii) The name and OMMP identification card number of the PRMG that produced the marijuana subject to the recall;

(iv) The registration number, name, and trade name of the processing site that manufactured the product subject to the recall;

(v) Expiration date(s) for the product subject to the recall, if applicable;

(vi) Date or date range of the manufacture or harvest of the product subject to the recall; and

(vii) Instructions regarding the disposition of the affected product subject to the recall.

(C) No later than 48 hours from issuing a recall notice under paragraph (B) of this subsection, notify patients and caregivers of the recall using the most effective method available, which may include any of the following methods or combination of methods:

(i) An electronic mail to those affected.

(ii) An alert on the dispensary’s or processing site’s website.

(iii) A warning that is clearly and visibly posted on the premises of a dispensary.

(iv) A press release to notify patients and caregivers.

(d) Make all reasonable efforts to remove the affected products from circulation. Affected products that are either still in control of a patient, caregiver, PRMG, dispensary, or processing site must be secured, segregated, clearly labeled not for sale or distribution, and separated from any other non-affected products.

(e) Complete recall effectiveness checks to verify that all dispensaries or processing sites have been notified and have taken the appropriate action, including:

(A) Confirming having received the recall notification;

(B) Determining whether the recalled marijuana item was handled as instructed in the recall notification; and

(C) If the product was further transferred by a receiving dispensary or processing site before receipt of the recall notification, and if so, were they notified.

(5) Prior to the recall being initiated, the Authority may require the patient, caregiver, PRMG, dispensary, or processing site to submit any information required by this rule.

(6) If the Authority issues a Notice of Intent to Recall the patient, caregiver, PRMG, dispensary, or processing site is entitled to a contested case hearing as provided under ORS chapter 183.

Statutory/Other Authority: ORS 475C.824, ORS 475C.903 & ORS 475C.919
Statutes/Other Implemented: ORS 475C.824, ORS 475C.903 & ORS 475C.919
History:
PH 27-2025, adopt filed 12/30/2025, effective 01/01/2026