Proposed Limits on Legal Marijuana Keypoints

Summary of key points in bills filed by Sen. Jason Lewis and Rep. Hannah Kane. House and Senate leaders have filed dozens of bills that would make major changes in the recreational marijuana law. [source]

  • Possession: It is currently legal to have up to 1 ounce of marijuana in public and up to 10 ounces at home. Bills filed by Lewis and Kane would keep the public cap of up to 1 ounce, but at home, the limit would drop from 10 ounces to to 2 ounces.
  • Home growing: It is currently legal to grow up to six plants as an individual with a limit of 12 per household. The bills would cut the total allowed in one home to six plants.
  • Sales: The original law said sales could begin on Jan. 1, 2018. The Legislature has already delayed that start date to July 2018. The new legislation proposes a further two year moratorium on the manufacture and sale of edibles and concentrates. The sale of buds or flower could still begin in July 2018.
  • Local control: The current law says municipalities must allow marijuana stores unless voters pass a referendum that bans local sales. The proposed change would let members of a city or town council — or voters at a town meetings — approve a ban without holding a special election.
  • Cannabis Control Commission (CCC): The CCC is a three member body under the current law, appointed by and under the oversight of the state treasurer. Lewis and Kane would make the CCC a five member independent entity, similar to the Gaming Commission.
  • Drugged driving: The proposal is to add language that would require drivers suspected of driving under the influence to submit to field sobriety tests or face arrest. In addition, legislation says the state should look into setting a THC threshold for impairment, similar to the 0.08 standard for alcohol.
  • Taxes: There seems to be widespread agreement that the Legislature will increase the 3.75 percent excise tax on marijuana included in the ballot question. Legislators filed a number of bills on this topic, several of which call for more study of an appropriate rate. Lawmakers say there is disagreement about whether the state should make money off the sale of marijuana or just cover the costs of implementing and studying the effects of the law.
  • Clear records: Lewis' bill says anyone arrested or fined for less than 1 ounce could petition the court to have their record expunged.

    The Right Storage is Crucial for your Cannabis

    Marijuana is rising. With Election Day having come and gone, the citizens (and states) have spoken. With ballot measures passing in California, Nevada, Massachusetts and Maine, these four states have joined the previous quartet of Alaska, Colorado, Oregon and Washington (with the District of Columbia also in the fold) in legalizing adult recreational use of the previously embattled plant. 28 other states have approved medical marijuana programs.

    Recreational Marijuana Sanctions - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    Exhibit 1, OAR 845-025-8590
    Oregon Liquor Control Commission
    Recreational Marijuana Sanctions

    Source: Oregon.gov

    Categories for Most Common Violations

    Category 1

    Violation:

    • Conviction of a felony (licensee)
    • Operating other than the license permits
    • Intentional false statement to the Commission
    • Intentional destruction or concealment of evidence
    • Intentional failure to pay taxes to Department of Revenue
    • Permitted noisy, disorderly or unlawful activity that results in death or serious physical injury, or that involves unlawful use or attempted use of a deadly weapon against another person, or that results in a sexual offense which is a Class A felony, such as first degree rape, sodomy, or unlawful sexual penetration
    • Failure to notify prior to complete change of ownership/allowed interest in licensed business without prior Commission approval
    • Operated licensed business while suspended

    Category 2

    Violation:

    • False statement or representation to Commission (other than intentional)
    • Under the influence of intoxicants while on duty
    • Failure to verify the age of a minor (intentional)
    • Failure to promptly admit regulatory specialist or law enforcement into licensed retail premises
    • Destruction or concealment of evidence (other than intentional)
    • Denial of access by law enforcement or regulatory specialist to the licensed premises during regular business hours
    • Permitted noisy, disorderly or unlawful activity that involves use of a dangerous weapon against another person with intent to cause death or serious physical injury
    • Failure to promptly admit regulatory specialist or law enforcement onto the licensed premises when premises appear closed (for producer, processor, wholesale or lab licensees, and research certificate holders)
    • Failure to permit premises or records inspection

    Category 3

    Violation:

    • Permitted minor to enter or remain in a prohibited area
    • Conviction of a crime other than a felony (licensee)
    • Permitted sales by an employee without a marijuana worker permit
    • Sold or made recreational marijuana available to a visibly intoxicated person
    • Consumption of marijuana, alcohol or other intoxicants while on duty
    • Permitted consumption (by employees, customers or the public) of alcohol, marijuana or other intoxicants on the licensed premises or in areas adjacent to the licensed premises under licensee’s control (such as parking lots)
    • Failure to keep required records (other than as required in 845-025-7500, seed-to-sale tracking requirements)
    • Failure to follow an approved security plan
    • Permitted disorderly activity
    • Permitted unlawful (under state law) activity
    • Failure to complete manifest before transport
    • Failure to pay taxes to the Department of Revenue

    Category 4

    Violation:

    • Operated the licensed business after lawful hours for sale of marijuana items (retail licensees)
    • Removed, altered or covered license suspension or other required notice sign
    • Advertising violations

    Category 5

    Violation:

    • Permitted marijuana items to be given as a prize (retail licensees)
    • Failure to notify the Commission of a temporary closure of the licensed business (all licenses and certificates)

    Investigation and Enforcement - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    INVESTIGATION AND ENFORCEMENT

    Source: Oregon.gov

    845-025-8500
    Responsibility of Licensee, Responsibility for Conduct of Others
    Each licensee is responsible for violations of any provision of ORS 475B affecting the licensed privileges, or these rules and for any act or omission of a licensee representative that violates any law, administrative rule, or regulation affecting the licensed privileges.
    Stat. Auth.: ORS 475B.025
    Stats. Implemented: ORS 475B.025
    845-025-8520
    Prohibited Conduct
    (1) Sale to a Minor. A licensee or permittee may not sell, deliver, transfer or make available any marijuana item to a person under 21 years of age.
    (a) Violation of this section for an intentional sale to a minor by a licensee, permittee or license representative is a Category II violation.
    (b) Violation of this section for other than intentional sales is a Category II(b) violation.
    (2) Identification. A licensee or license representative must require a person to produce identification as required by ORS 475B.170 before selling or providing a marijuana item to that person. Violation of this section is a Category IV violation.
    (3) Access to Premises. A licensee or permittee may not:
    (a) During regular business hours for the licensed premises, refuse to admit or fail to promptly admit a Commission regulatory specialist who identifies him or herself and who enters or wants to enter a licensed premises to conduct an inspection to ensure compliance with ORS 475B affecting the licensed privileges; or these rules;
    (b) Outside of regular business hours or when the premises appear closed, refuse to admit or fail to promptly admit a Commission regulatory specialist who identifies him or herself and requests entry on the basis that there is a reason to believe a violation of ORS 475B affecting the licensed privileges; or these rules is occurring; or
    (c) Once a regulatory specialist is on the licensed premises, ask the regulatory specialist to leave until the specialist has had an opportunity to conduct an inspection to ensure compliance with ORS 475B affecting the licensed privileges; or these rules.
    (d) Violation of this section is a Category II violation.

    (4) Use or Consumption of Intoxicants on Duty and Under the Influence on Duty.
    (a) No licensee, licensee representative, or permittee may consume any intoxicating substances while on duty, except for employees as permitted under OAR 845-025-1230(5)(b). Violation of this subsection is a Category III violation.
    (b) No licensee, licensee representative, or permittee may be under the influence of intoxicating substances while on duty. Violation of this subsection is a Category II violation.
    (c) Whether a person is paid or scheduled for a work shift is not determinative of whether the person is considered “on duty.”
    (d) As used in this section:
    (A) “On duty” means:
    (i) From the beginning to the end of a work shift for the licensed business, including any and all coffee, rest or meal breaks; or
    (ii) Performing any acts on behalf of the licensee or the licensed business outside of a work shift if the individual has the authority to put himself or herself on duty.
    (B) “Intoxicants” means any substance that is known to have or does have intoxicating effects, and includes alcohol, marijuana, or any other controlled substances.
    (5) Permitting Use of Marijuana at Licensed Premises. A licensee or permittee may not permit the use or consumption of marijuana, or any other intoxicating substance, anywhere in or on the licensed premises, or in surrounding areas under the control of the licensee, except for employees as permitted under OAR 845-025-1230(5)(b). Violation of this section is a Category III violation.
    (6) Import and Export. A licensee or permittee may not import marijuana items into this state or export marijuana items out of this state. Violation of this section is a Category I violation and could result in license or permit revocation.
    (7) Permitting, Disorderly or Unlawful Conduct. A licensee or permittee may not permit disorderly activity or activity that is unlawful under Oregon state law on the licensed premises or in areas adjacent to or outside the licensed premises under the control of the licensee.
    (a) If the prohibited activity under this section results in death or serious physical injury, or involves unlawful use or attempted use of a deadly weapon against another person, or results in a sexual offense which is a Class A felony such as first degree rape, sodomy, or unlawful sexual penetration, the violation is a Category I violation and could result in license or permit revocation.
    (b) If the prohibited activity under this section involves use of a dangerous weapon against another person with intent to cause death or serious physical injury, it is a Category II violation.
    (c) As used in this section:
    (A) "Disorderly activities" means activities that harass, threaten or physically harm oneself or another person.
    (B) “Unlawful activity” means activities that violate the laws of this state, including but not limited to any activity that violates a state criminal statute.
    (d) The Commission does not require a conviction to establish a violation of this section except as required in ORS 475B.045.
    (8) Marijuana as a Prize, Premium or Consideration. No licensee or permittee may give or permit the giving of any marijuana item as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind on the licensed premises.
    (9) Visibly Intoxicated Persons. No licensee or permittee may sell, give, or otherwise make available any marijuana item to any person who is visibly intoxicated. Violation of this section is a Category III violation.
    (10) Additional Prohibitions. A licensee or permittee may not:
    (a) Sell or deliver any marijuana item through a drive-up window.
    (b) Sell or offer for sale any marijuana item for a price per item that is less than the licensee’s cost for the marijuana item;
    (c) Use any device or machine that both verifies the age of the consumer and delivers marijuana to the consumer; or
    (d) Deliver marijuana to a consumer off the licensed premises, except that retail licensees may provide delivery as set forth in OAR 845-025-2880.
    (e) Violation of this subsection is a Category III violation.
    Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110
    Stats. Implemented: ORS 475B.070, 475B.090, 475B.100, 475B.110, 475B.185, 475B.270 & 475B.275
    845-025-8540
    Dishonest Conduct
    (1) False Statements. A licensee or permittee may not:
    (a) Make a false statement or representation to the Commission or law enforcement in order to induce or prevent action or investigation by the Commission or law enforcement. Violation of this subsection is a Category II violation.
    (b) If the Commission finds that the false statement or representation was intentional, the Commission may charge the violation as a Category I violation and could result in license or permit revocation.
    (2) Marijuana Item Misrepresentations.
    (a) A licensee or permittee may not misrepresent any marijuana item to a consumer, licensee, or the public, including:
    (A) Misrepresenting the contents of a marijuana item;
    (B) Misrepresenting the testing results of a marijuana item;
    (C) Misrepresenting the potency of a marijuana item; or
    (D) Making representations or claims that the marijuana item has curative or therapeutic effects.
    (b) A licensee may not 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.
    (c) A knowing or intentional violation of this section is a Category I violation and could result in license or permit revocation.
    (d) Violation of this section in any manner other than knowing or intentional is a Category II violation.
    (3) Supply of Adulterated Marijuana Items.

    (a) A licensee may not supply adulterated marijuana items.
    (b) Violation of this section is a Category I violation and could result in license revocation.
    (4) Evidence. A licensee or permittee may not:
    (a) Intentionally destroy, damage, alter, remove or conceal potential evidence, or attempt to do so, or ask or encourage another person to do so. Violation of this subsection is a Category I violation and could result in license revocation.
    (b) Destroy, damage, alter, remove or conceal potential evidence, or attempt to do so, or ask or encourage another person to do so, in any manner other than intentional. Violation of this subsection is a Category II violation.
    (c) Refuse to give, or fail to promptly give, a Commission regulatory specialist or law enforcement officer evidence when lawfully requested to do so. Violation of this subsection is a Category II violation.
    Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100, & 475B.110
    Stats. Implemented: ORS 475B.205
    845-025-8560
    Inspections
    (1) The Commission may conduct:
    (a) A complaint inspection at any time following the receipt of a complaint that alleges a licensee or permittee is in violation of ORS 475B or these rules;
    (b) An inspection at any time if it believes, for any reason, that a licensee or permittee is in violation ORS 475B or these rules; or
    (c) Compliance transactions in order to determine whether a licensee or permittee is complying with ORS 475B or these rules.
    (2) A licensee, licensee representative, or permittee must cooperate with the Commission during an inspection.
    (3) If licensee, licensee representative or permittee fails to permit the Commission to conduct an inspection the Commission may seek an investigative subpoena to inspect the premises and gather books, payrolls, accounts, papers, documents or records.
    Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110
    Stats. Implemented: ORS 475B.285 & 475B.635
    845-025-8570
    Uniform Standards for Minor Decoy Operations
    (1) Purpose. ORS 475B prevents anyone who has not reached 21 years of age from obtaining marijuana or marijuana items. It is the Commission's intention that decoy operations are to be an impartial test of a licensee’s ability and willingness to obey laws on preventing sale marijuana or marijuana items to minors.
    (2) Uniform standards for minors used in minor decoy operations:
    (a) The minor must be under 21 years of age; and
    (b) The minor may not use false identification; and
    (c) The minor may not lie about their age.

    (3) Uniform standards for coordination with law enforcement agencies. The Commission will coordinate with law enforcement agencies to ensure, to the greatest extent possible, that:
    (a) Law enforcement agencies are informed of the Commission's uniform standards for minor decoy operations; and
    (b) Law enforcement agencies provide the Commission with copies of their minor decoy policies.
    (4) In order for the Commission to process violation cases in a timely manner, law enforcement agencies will be encouraged to provide the Commission with the results of any minor decoy operation.
    (5) Licensees or any employee of a licensee must immediately return identification presented by the minor decoy upon request of law enforcement or an OLCC representative.
    Stat. Auth.: ORS 475B.025 Stats. Implemented: ORS 475B.025
    845-025-8580
    Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension
    (1) Before 7:00 a.m. on the date a license suspension goes into effect, and until the suspension is completed, Commission staff must ensure that a suspension notice sign is posted on each outside entrance or door to the licensed premises.
    (2) The suspension notice sign must be posted in a way that allows any person entering the premises to read it. Licensees must use the suspension notice sign provided by the Commission. The sign will state that the license has been suspended by order of the Commission due to violations of the recreational marijuana laws (statutes or administrative rule) of Oregon. If there are multiple licenses at the location, the sign will specify which license privileges have been suspended.
    (3) During the period of license suspension, the licensee is responsible for ensuring:
    (a) Compliance with all applicable laws and rules; and
    (b) That the suspension notice sign is not removed, altered, or covered.
    (4) A licensee or licensee representative may not allow the sale, delivery to or from, or receipt of marijuana items at the licensed premises during the period of time that the license is under suspension. During a period of time that the license is under suspension, a recreational marijuana licensee may operate the business provided there is no sale, delivery to or from, or receipt of a marijuana item.
    (5) Sanction:
    (a) A violation of section (4) of this rule is a Category I violation.
    (b) A violation of sections (2) or (3)(b) of this rule is a Category IV violation.
    Stat. Auth.: ORS 475B.025
    Stats. Implemented: ORS 475B.295 & 475B.635
    845-025-8590
    Suspension, Revocation, Civil Penalties, Sanction Schedule

    (1) The Commission may suspend or revoke:
    (a) A license issued under ORS 475B.010 to 475B.395 or 475B.560.
    (b) A marijuana workers permit issued under ORS 475B.215.
    (c) A research certificate issued under ORS 475B.235.
    (2) The Commission may impose a civil penalty under ORS 475B.295. Civil penalties will be calculated by multiplying:
    (a) The number of days in a suspension, if suspension could be or is being imposed, by $165 for licensees or certificate holders; or
    (b) The number of days in a suspension, if suspension could be or is being imposed, by $25 for permittees.
    (3) The Commission uses the following violation categories:
    (a) Category I -- Violations that make licensee ineligible for a license;
    (b) Category II -- Violations that create a present threat to public health or safety;
    (c) Category II (b) – Violations for sales to a minor;
    (d) Category III -- Violations that create a potential threat to public health or safety;
    (e) Category IV -- Violations that create a climate conducive to abuses associated with the sale or manufacture of marijuana items;
    (f) Category V -- Violations inconsistent with the orderly regulation of the sale or manufacture of marijuana items.
    (4) Violation sanctions
    (a) The Commission may sanction a licensee or permittee in accordance with the guidelines set forth in Exhibit 1, incorporated by reference. Exhibit 1 also contains the categories for the most common violations.
    (b) Exhibit 1 lists the proposed sanctions for single or multiple violations that occur within a two year period for each category described in section (3) of this rule. The Commission 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 Commission may consider a proposed violation for which the Commission has not yet issued a final order.
    (c) The proposed sanctions in Exhibit 1 are guidelines. If the Commission finds one or more mitigating or aggravating circumstances, it may assess a lesser or greater sanction, up to and including revocation. The Commission may decrease or increase a sanction to prevent inequity or to take account of particular circumstances in the case.
    (d) Mitigating circumstances include, but are not limited to:
    (A) Making a good faith effort to prevent a violation.
    (B) Extraordinary cooperation in the violation investigation demonstrating the licensee or permittee accepts responsibility.
    (e) Aggravating circumstances include, but are not limited to:
    (A) Receiving a prior warning about one or more compliance problems.
    (B) Repeated failure to comply with laws.
    (C) Failure to use age verification equipment purchased as an offset to a previous penalty.
    (D) Efforts by licensee or permittee to conceal a violation.
    (E) Intentionally committing a violation.
    (F) A violation involving more than one consumer or employee.
    (G) A violation involving a juvenile.

    (H) A violation resulting in injury or death.
    (I) A violation that occurred at a licensed premises that has been granted a security waiver.
    (J) 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.
    (5) A licensee 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.
    Stat. Auth.: ORS 475B.025
    Stats. Implemented: ORS 475B.210, 475B.295, 475B.560 & 475B.635

    Exhibit 1, OAR 845-025-8590
    Oregon Liquor Control Commission
    Recreational Marijuana Sanctions

     

    Categories for Most Common Violations

    Category 1

    Violation:

    • Conviction of a felony (licensee)
    • Operating other than the license permits
    • Intentional false statement to the Commission
    • Intentional destruction or concealment of evidence
    • Intentional failure to pay taxes to Department of Revenue
    • Permitted noisy, disorderly or unlawful activity that results in death or serious physical injury, or that involves unlawful use or attempted use of a deadly weapon against another person, or that results in a sexual offense which is a Class A felony, such as first degree rape, sodomy, or unlawful sexual penetration
    • Failure to notify prior to complete change of ownership/allowed interest in licensed business without prior Commission approval
    • Operated licensed business while suspended

    Category 2

    Violation:

    • False statement or representation to Commission (other than intentional)
    • Under the influence of intoxicants while on duty
    • Failure to verify the age of a minor (intentional)
    • Failure to promptly admit regulatory specialist or law enforcement into licensed retail premises
    • Destruction or concealment of evidence (other than intentional)
    • Denial of access by law enforcement or regulatory specialist to the licensed premises during regular business hours
    • Permitted noisy, disorderly or unlawful activity that involves use of a dangerous weapon against another person with intent to cause death or serious physical injury
    • Failure to promptly admit regulatory specialist or law enforcement onto the licensed premises when premises appear closed (for producer, processor, wholesale or lab licensees, and research certificate holders)
    • Failure to permit premises or records inspection

    Category 3

    Violation:

    • Permitted minor to enter or remain in a prohibited area
    • Conviction of a crime other than a felony (licensee)
    • Permitted sales by an employee without a marijuana worker permit
    • Sold or made recreational marijuana available to a visibly intoxicated person
    • Consumption of marijuana, alcohol or other intoxicants while on duty
    • Permitted consumption (by employees, customers or the public) of alcohol, marijuana or other intoxicants on the licensed premises or in areas adjacent to the licensed premises under licensee’s control (such as parking lots)
    • Failure to keep required records (other than as required in 845-025-7500, seed-to-sale tracking requirements)
    • Failure to follow an approved security plan
    • Permitted disorderly activity
    • Permitted unlawful (under state law) activity
    • Failure to complete manifest before transport
    • Failure to pay taxes to the Department of Revenue

    Category 4

    Violation:

    • Operated the licensed business after lawful hours for sale of marijuana items (retail licensees)
    • Removed, altered or covered license suspension or other required notice sign
    • Advertising violations

    Category 5

    Violation:

    • Permitted marijuana items to be given as a prize (retail licensees)
    • Failure to notify the Commission of a temporary closure of the licensed business (all licenses and certificates)

    845-025-8700
    Prohibited Interests in the Marijuana Industry
    (1) Definitions. For purposes of this rule:
    (a) "Business connections" include, but are not limited to, the following behaviors and relationships:
    (A) Knowingly providing anything of value to a business licensed by the Commission in return for something of value except for the exchange of commodities or services that are routinely provided to the general public under the same terms; and
    (B) Partnerships with a licensee and similar ventures formed for the purpose of making a profit.
    (b) "Employee" means any permanent, temporary or limited duration Commission employee.
    (c) "Financial Interest" means knowingly holding an ownership interest as a sole proprietor, partner, limited partner or stockholder, in any marijuana business. This definition excludes any investment that the investor does not control in nature, amount or timing.
    (d) "Household member" means all persons living as a family unit in the same dwelling as the commissioner or Commission employee.
    (e) "Immediate family" means the spouse, and juvenile dependent children of a commissioner or Commission employee.
    (f) “Knowledge” and "knowingly" mean that the person had actual knowledge of or reasonably should have known of the fact in question.

    (g) “Marijuana Business” means any business or individual licensed by the Commission under ORS 475B.070, 475B.090, 475B.100, 475B.110 and 475B.560, any business or individual registered by the Authority under ORS 475B.420, 475B.435 and 475B.450 and any business whose primary activity is to provide services to marijuana licensees or registrants.
    (h) "Position to take action or make decisions that could affect the marijuana business" means that a commissioner or employee's job duties include the discretion to take actions or make decisions that are reasonably likely to create more than a trivial cost or benefit for a licensed business in money, time or anything else of value
    (2) Prohibitions.
    (a) Financial Interests. No commissioner, employee, household member or immediate family member may hold a financial interest in a marijuana business.
    (b) Employment. No commissioner, employee, household member or family member may be employed by a marijuana business unless the commissioner or employee is not in a position at the Commission to take action or make decisions that could affect the business. An individual is not in a “position to take action or make decisions that could affect the marijuana business" if the Commission removes the employee from actions and decisions affecting the business. The Commission will do so where the removal would not unreasonably effect the employee's ability to perform his or her job duties.
    (c) Business Connections. No commissioner, employee, household member or family member may have a business connection described in this rule unless the commissioner or employee is not in a position to take action or make decisions that could affect the licensed business.
    (3) Reporting Requirements.
    (a) A commissioner or employee who has a business connection association with a marijuana business must:
    (A) Inform the Commission of the association as soon as the commissioner or employee has knowledge of the association, and
    (B) Refrain from participating in any decision that directly affects the marijuana business.
    (b) An applicant for a Commission job must disclose all financial interests, current employment relationships and business connections that the applicant, or any person in the applicant's household or immediate family, has with a marijuana business of which the applicant has knowledge. If the Commission determines that a prohibited financial interest, employment relationship or business connection exists, the applicant must divest the financial interest, employment relationship or business connection before he or she may be hired.
    (c) A Commission employee must report all financial interests, current employment relationships and business connections that the employee, or any person in the employee’s household or immediate family, has with a marijuana business to his or her supervisor as soon as the employee has knowledge of it. If the financial interest, employment relationship or business connection is prohibited, the Commission will set a reasonable time period for divestiture. If divestiture does not occur within the given time period, the Commission will terminate the employee's employment.
    (4) Disciplinary Action. The Commission will appropriately discipline any employee, up to and including termination, who:

    (a) Fails to report a prohibited financial interest, employment relationship or business connection as required under this rule, or
    (b) Knowingly acquires or establishes a financial interest, employment relationship or business connection prohibited under this rule.
    Stat. Auth.: ORS 475B.025
    Stats. Implemented: ORS 475B.025

    Advertising - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    ADVERTISING

    Source: Oregon.gov

    845-025-8000
    Purpose and Application of Rules
    (1) The Commission serves the interests of the citizens of Oregon by regulating and prohibiting advertising marijuana items in a manner:
    (a) That is attractive to minors;
    (b) That promotes excessive use;
    (c) That promotes activity that is illegal under Oregon law; or
    (d) That otherwise presents a significant risk to public health and safety.
    (2) The Commission also serves the interests of Oregonians by allowing advertising for the purpose of informing the public of the availability and characteristics of marijuana.
    (3) All marijuana advertising by a licensee must conform to these rules.
    Stat. Auth.: ORS 475B.025 Stats. Implemented: ORS 475B.025
    845-025-8020
    Definitions
    As used in OAR 845-025-8000 through 845-025-8080:
    (1) "Advertising" is publicizing the trade name of a licensee together with words or symbols referring to marijuana or publicizing the brand name of marijuana or a marijuana product.
    (2) “Billboard” means a large outdoor advertising structure.
    (3) "Handbill" is a flyer, leaflet, or sheet that advertises marijuana.
    (4) "Radio" means a system for transmitting sound without visual images, and includes broadcast, cable, on-demand, satellite, or internet programming. Radio includes any audio programming downloaded or streamed via the internet.
    (5) "Television" means a system for transmitting visual images and sound that are reproduced on screens, and includes broadcast, cable, on-demand, satellite, or internet programming. Television includes any video programming downloaded or streamed via the internet.
    Stat. Auth.: ORS 475B.025

    Stats. Implemented: ORS 475B.025
    845-025-8040
    Advertising Restrictions
    (1) Marijuana advertising may not:
    (a) Contain statements that are deceptive, false, or misleading;
    (b) Contain any content that can reasonably be considered to target individuals under the age of 21, including but not limited to images of minors, cartoon characters, toys, or similar images and items typically marketed towards minors;
    (c) Specifically encourages the transportation of marijuana items across state lines;
    (d) Assert that marijuana items are safe because they are regulated by the Commission or have been tested by a certified laboratory or otherwise make claims that any government agency endorses or supports marijuana;
    (e) Make claims that recreational marijuana has curative or therapeutic effects;
    (f) Display consumption of marijuana items;
    (g) Contain material that encourages the use of marijuana because of its intoxicating effect; or
    (h) Contain material that encourages excessive or rapid consumption.
    (2) A licensee may not make any deceptive, false, or misleading assertions or statements on any informational material, any sign, or any document provided to a consumer.
    (3) A licensee must include the following statement on all advertising:
    (a) “Do not operate a vehicle or machinery under the influence of this drug".
    (b) "For use only by adults twenty-one years of age and older.”
    (c) “Keep out of the reach of children."
    Stat. Auth.: ORS 475B.025
    Stats. Implemented: ORS 475B.025
    845-025-8060
    Advertising Media, Coupons, and Promotions
    (1) The Commission prohibits advertising through handbills that are posted or passed out in public areas such as parking lots and publicly owned property.
    (2) A licensee may not utilize television, radio, billboards, print media or internet advertising unless the licensee has reliable evidence that no more than 30 percent of the audience for the program, publication or internet web site in or on which the advertising is to air or appear is reasonably expected to be under the age of 21.
    (3) A licensee may not engage in advertising via marketing directed towards location-based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature.
    Stat. Auth.: ORS 475B.025
    Stats. Implemented: ORS 475B.025
    845-025-8080

    Removal of Objectionable and Non-Conforming Advertising
    (1) A licensee must remove any sign, display, or advertisement if the Commission finds it violates these rules.
    (2) The Commission will notify the licensee and specify a reasonable time period for the licensee to remove any sign, display or advertisement that the Commission finds objectionable.
    Stat. Auth.: ORS 475B.025
    Stats. Implemented: ORS 475B.025

    Waste Management - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    WASTE MANAGEMENT

    Source: Oregon.gov

    845-025-7750
    Waste Management
    (1) A licensee must:
    (a) Store, manage and dispose of solid and liquid wastes generated during marijuana production and processing in accordance with applicable state and local laws and regulations which may include but are not limited to:
    (A) Solid waste requirements in ORS 459 and OAR 340 Divisions 93 to 96;
    (B) Hazardous waste requirements in ORS 466 and OAR 340, Divisions 100 to 106; and
    (C) Wastewater requirements in ORS 468B and OAR 340, Divisions 41 to 42, 44 to 45, 53, 55 and 73.
    (b) Store marijuana waste in a secured waste receptacle in the possession of and under the control of the licensee.

    (c) If the waste is generated post-harvest or if an entire marijuana plant greater than 8 inches tall is designated as waste, the waste must be held on the licensed premises for at least three business days prior to disposal.
    (2) A licensee may give or sell marijuana waste to a producer, processor or wholesale licensee or research certificate holder. Any such transaction must be entered into CTS pursuant to OAR 845-025-7500.
    (3) In addition to information required to be entered into CTS pursuant to OAR 845-025-7500, a licensee must maintain accurate and comprehensive records regarding waste material that accounts for, reconciles, and evidences all waste activity related to the disposal of marijuana.
    Stat. Auth.: ORS 475B.025, 475B.070 & 475B.090
    Stats. Implemented: ORS 475B.070, 475B.090, 475B.100 & 475B.150

    Transportation and Delivery - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    TRANSPORTATION AND DELIVERY

    Source: Oregon.gov

    845-025-7700
    Transportation and Delivery of Marijuana Items
    (1) Marijuana items may only be transferred between licensed premises by a licensee or licensee representative.
    (2) An individual authorized to transport marijuana items must have a valid Oregon Driver’s License.
    (3) A licensee must:
    (a) Keep marijuana items in transit shielded from public view;
    (b) Use a vehicle for transport that is:
    (A) Insured at or above the legal requirements in Oregon;
    (B) Capable of securing (locking) the marijuana items during transportation;
    (C) Equipped with an alarm system; and
    (D) Capable of being temperature controlled if perishable marijuana items are being transported.
    (c) Using CTS, generate a printed transport manifest that accompanies every transport of marijuana items that contains the following information:
    (A) The name, contact information of a licensee representative, licensed premises address and license number of the licensee transporting the marijuana items;
    (B) The name, contact information of the licensee representative, licensed premises address, and license number of the licensee receiving the delivery;
    (C) Product name and quantities (by weight or unit) of each marijuana item contained in each transport, along with the UIDs for every item;
    (D) The date of transport and approximate time of departure;
    (E) Arrival date and estimated time of arrival;
    (F) Delivery vehicle make and model and license plate number; and
    (G) Name and signature of the licensee’s representative accompanying the transport.
    (4) A licensee must generate the manifest required by section (3)(c) of this rule at least 24 hours in advance of initiating transportation if the marijuana items transported pursuant to the manifest exceed:
    (a) 25 pounds of usable marijuana;
    (b) One pound of cannabinoid concentrate or extract; or
    (c) 1000 units of sale of any individual cannabinoid product.
    (5) A licensee may not void or change a transportation manifest after departing from the originating premises.
    (6) All marijuana items must be packaged in shipping containers and labeled with a UID tag prior to transport.
    (7) A licensee must provide a copy of the transport manifest to each licensed premises receiving the inventory described in the transport manifest, but in order to maintain transaction confidentiality, may prepare a separate manifest for each receiving licensed premises.
    (8) A licensee must provide a copy of the printed transport manifest and any printed receipts for marijuana items delivered to law enforcement officers or other representatives of a government agency if requested to do so while in transit.
    (9) A licensee must contact the Commission immediately, or as soon as possible under the circumstances, if a vehicle transporting marijuana items is involved in any accident that involves product loss.
    (10) Upon receipt of inventory a receiving licensee must ensure that the marijuana items received are as described in the transport manifest.
    (11) A receiving licensee must separately document any differences between the quantity specified in the transport manifest and the quantities received. Such documentation shall be made in CTS and in any relevant business records.
    (12) A licensee must provide temperature control for perishable marijuana items during transport.
    (13) Any vehicle transporting marijuana items must travel directly from the shipping licensee to the receiving licensee and must not make any unnecessary stops in between except to other licensed premises receiving inventory.
    (14) A licensee must notify the Commission in advance of the location of every stop at an unlicensed location that exceeds two hours in duration.
    (15) If the licensee’s delivery vehicle is stopped at an unlicensed location the licensee must immediately make the vehicle and its contents available for inspection upon the Commission’s request.
    (16) A licensee may transport marijuana on behalf of other licensees if the transporting licensee holds a wholesale license.
    Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110
    Stats. Implemented: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110

    Seed-to-Sale Tracking - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    SEED-TO-SALE TRACKING

    Source: Oregon.gov

    845-025-7500
    CTS Requirements
    (1) A licensee must:
    (a) Use CTS as the primary inventory and recording keeping system.
    (b) Have a CTS account activated and functional prior to operating or exercising any privileges of the license and must maintain an active account while licensed.

    (2) A licensee must have at least one license holder who is a CTS administrator. A licensee may authorize additional license holders or licensee representatives to obtain Administrator accounts.
    (3) In order to obtain a CTS administrator account, a license holder must attend and successfully complete all required CTS training, except as provided in section (4) of this rule. The Commission may also require additional ongoing, continuing education for individual administrators to retain his or her CTS administrator account.
    (4) A licensee may designate licensee representatives as CTS users. A designated user must be trained by a CTS administrator in the proper and lawful use of CTS. Notwithstanding section (3) of this rule a licensee may designate a licensee representative to attend and successfully complete required CTS training so long as both the licensee and the designated representative obtain CTS administrator accounts.
    (5) A licensee must:
    (a) Maintain an accurate and complete list of all CTS administrators and CTS users for each licensed premises and must update the list when a new CTS user is trained.
    (b) Train and authorize any new CTS users before those users are permitted to access CTS or input, modify, or delete any information in CTS.
    (c) Cancel any CTS administrator or user from an associated CTS account if that individual is no longer a licensee representative or the administrator or user has violated OAR 845-025-7500 to 845-025-7590.
    (d) Correct any data that is entered into CTS in error.
    (6) A licensee is accountable for all actions licensee representatives take while logged into CTS or otherwise conducting inventory tracking activities.
    (7) Nothing in this rule prohibits a licensee from using secondary separate software applications to collect information to be used by the business including secondary inventory tracking or point of sale systems. If a licensee uses a separate software application that links to the CTS system it must get approval from the CTS vendor contracting with the Commission and the software application must:
    (a) Accurately transfer all relevant CTS data to and from CTS for the purposes of reconciliations with any secondary systems.
    (b) Preserve original CTS data when transferred to and from a secondary application.
    (8) If at any point a licensee loses access to CTS for any reason, the licensee must keep and maintain comprehensive records detailing all tracking inventory activities that were conducted during the loss of access.
    (a) Once access is restored, all inventory tracking activities that occurred during the loss of access must be entered into CTS.
    (b) A licensee must document when access to the system was lost and when it was restored.
    (c) A licensee may not transport any marijuana items to another licensed premises until such time as access is restored and all information is recorded into CTS.
    Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100, 475B.110 & 475B.560
    Stats. Implemented: ORS 475B.150
    845-025-7520
    Unique Identification (UID) Tags

    (1) A licensee must:
    (a) Use UID tags issued by a Commission-approved vendor that is authorized to provide UID tags for CTS. Each licensee is responsible for the cost of all UID tags and any associated vendor fees.
    (b) Have an adequate supply of UID tags at all times, except that the licensee is not required to have UID tags during the first ten calendar days of licensure so long as UID tags have been ordered and are in transit to the licensee.
    (c) Tag individual marijuana plants with a UID tag no later than when each plant reaches a height of eight inches, and properly tag all other inventory with a UID tag pursuant to the system requirements of CTS.
    (d) Place tags in a position that can be clearly read by an individual standing next to the item and the tag must be kept free from dirt and debris.
    (2) A licensee may only tag and package together identical items for transport to another licensee, except for mixed lots of usable marijuana, cannabinoid concentrates or extracts that are transferred to a processor license to be processed.
    Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100, 475B.110 & 475B.560
    Stats. Implemented: ORS 475B.150
    845-025-7540
    CTS User Requirements
    (1) A licensee and any designated CTS administrator or user shall enter data into CTS that fully and transparently accounts for all inventory tracking activities.
    (2) A licensee is responsible for the accuracy of all information entered into CTS.
    (3) An individual entering data into the CTS system may only use that individual’s CTS account. Each CTS administrator and CTS user must have a unique log-on and password, which may not be used by any other person.
    (4) A violation of this rule is a Category III violation. Intentional misrepresentation of data entered into the CTS system is a Category I violation.
    Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100, 475B.110 & 475B.560
    Stats. Implemented: ORS 475B.150
    845-025-7560
    System Notifications
    A licensee must:
    (1) Monitor all compliance notifications from CTS and resolve the issues detailed in the compliance notification in a timely fashion. A licensee may not dismiss a compliance notification in CTS until the licensee resolves the compliance issues detailed in the notification.
    (2) Take appropriate action in response to informational notifications received through CTS, including but not limited to notifications related to UID billing, enforcement alerts, and other pertinent information.
    Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100, 475B.110 & 475B.560
    Stats. Implemented: ORS 475B.150

    845-025-7570
    Cultivation Batches
    (1) A producer must establish cultivation batches consisting of marijuana plants less than 8 inches tall, seeds and tissue cultures and assign each cultivation batch a unique identification number.
    (2) A cultivation batch may not have more than 100 marijuana plants less than 8 inches tall.
    (3) A producer may have an unlimited number of cultivation batches at any one time.
    Stat. Auth.: ORS 475B.025
    Stats. Implemented: ORS 475B.070 & 475B.150
    845-025-7580
    Reconciliation with Inventory
    (1) All licensees must:
    (a) Use CTS for all inventory tracking activities at a licensed premises;
    (b) Reconcile all on-premises and in-transit marijuana item inventories each day in CTS at the close of business pursuant to system requirements; and
    (c) Record all required information for seeds, usable marijuana, cannabinoid concentrates and extracts by weight.
    (d) Record the wet weight of all harvested marijuana plants immediately after harvest.
    (e) Record all required information for cannabinoid products by unit count but must also record the weight per unit of a product.
    (2) The requirements in section (1)(b) of this rule do not apply during the first ten calendar days of licensure so long as the license has ordered UID tags and the UID tags are in transit to the licensee.
    (3) The requirements in section (1)(b) of this rule do not apply to marijuana items held by a laboratory licensee that are undergoing analytical testing required by these rules or OAR 333-007-0300 to 333-007-0490 so long as the marijuana items do not leave the laboratory’s licensed premises and are reconciled on the same day that the analytical testing concludes.
    (4) In addition to the requirements in section (1) of this rule retailers must record the price and amount of each item sold to consumers and the date of each transaction in CTS at the close of every business day.
    Stat. Auth.: ORS 475B.025, 475B.
    Stats. Implemented: ORS 475B.150
    845-025-7590
    Inventory Audits
    The Commission may perform a physical audit of the inventory of any licensee at the agency’s discretion and with reasonable notice to the licensee. Variances between the physical audit and the inventory reflected in CTS at the time of the audit, which cannot be attributed to normal moisture variation in usable marijuana, are violations. The Commission may impose a civil penalty, suspend or revoke a licensee for violation of this section.
    Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110
    Stats. Implemented: ORS 475B.160

    Packaging and Labeling - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    PACKAGING AND LABELING

    Source: Oregon.gov

    845-025-7000
    Definitions
    For the purposes of OAR 845-025-7000 to 845-025-7060:
    (1) “Attractive to minors” means packaging, labeling and marketing that features:
    (a) Cartoons;
    (b) A design, brand or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors;
    (c) Symbols or celebrities that are commonly used to market products to minors;
    (d) Images of minors
    (2) “Cannabinoid” means any of the chemical compounds that are the active constituents of marijuana.
    (3) “Cannabinoid concentrate or extract” means a substance obtained by separating cannabinoids from marijuana by a mechanical, chemical or other process.
    (4) “Cannabinoid edible” means food or potable liquid into which a cannabinoid concentrate or extract or the dried leaves or flowers of marijuana have been incorporated.
    (5)(a) “Cannabinoid product” means a cannabinoid edible or 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 the dried leaves or flowers of marijuana.
    (b) “Cannabinoid product” does not include:
    (A) Usable marijuana by itself;
    (B) A cannabinoid concentrate or extract by itself; or
    (C) Industrial hemp, as defined in ORS 571.300.
    (6) “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.
    (7) “Child resistant” means designed or constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly.
    (8) “Consumer”:
    (a) Has the meaning given that term in ORS 475B.015; or
    (b) Means a patient or designated primary caregiver receiving a transfer from a medical marijuana dispensary.
    (9) “Container” means a sealed, hard or soft-bodied receptacle in which a marijuana item is placed prior to being sold to a consumer.
    (10) “Exit Package” means a sealed container provided at the retail point of sale in which any marijuana items already within a container are placed.
    (11) “Licensee” has the meaning given that term in OAR 845-025-1015.
    (12) Marijuana.

    (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 industrial hemp, as defined in ORS 571.300.
    (13) “Marijuana item” means marijuana, usable marijuana, a cannabinoid product or a cannabinoid concentrate or extract.
    (14) “Processing” means the compounding or conversion of marijuana into cannabinoid products or cannabinoid concentrates or extracts.
    (15) “Producing” means:
    (a) Planting, cultivating, growing, trimming or harvesting marijuana; or
    (b) Drying marijuana leaves and flowers.
    (16) “Registrant” means a person registered with the Authority under ORS 475B.420, 475B.435, or ORS 475B.450.
    (17) Usable Marijuana.
    (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 or processing marijuana.
    Stat. Auth.: ORS 475B.615
    Stats. Implemented: ORS 475B.600 & 475B.615
    845-025-7020
    Packaging for Sale to Consumer
    (1) The purpose of this rule is to set the minimum standards for the packaging of marijuana items that are sold to the consumer, applicable to:
    (a) A licensee; or
    (b) On and after October 1, 2016, a registrant who is not exempt from the labeling requirements.
    (2) Containers or packaging for marijuana items must protect a marijuana item from contamination and must not impart any toxic or deleterious substance to the marijuana item.
    (3) Marijuana items for ultimate sale to a consumer, except for immature plants and seeds, must:
    (a) Be packaged in a container that is child-resistant as certified by a qualified third party child-resistant package testing firm or placed within an exit package that is certified by a qualified third party child-resistant package testing firm prior to final sale to consumer;
    (b) If the marijuana item is a cannabinoid product that contains more than 15 mg of THC, or if the item is an extract or concentrate, be packaged in a container or placed in an exit package that is capable of being resealed and made child resistant again after it has been opened, as certified by a qualified third party child-resistant package testing firm.
    (c) Not be packaged or labeled in a manner that is attractive to minors; and
    (d) Be labeled in accordance with OAR 333-007-0010 to 333-007-0100.

    (4) Packaging may not contain any text that makes an untruthful or misleading statement.
    (5) Nothing in this rule:
    (a) Prevents the re-use of packaging that is capable of continuing to be child-resistant, as permitted by rules established by the Commission or the Authority; or
    (b) Prohibits the Commission or the Authority from imposing additional packaging requirements in their respective rules governing licensees and registrants.
    (6) A licensee or registrant must provide to the Commission or the Authority upon that agency’s request, additional information about the testing that was performed by the qualified third party child-resistant package testing firm in accordance with 16 CFR 1700.
    Stat. Auth.: ORS 475B.615
    Stats. Implemented: ORS 475B.070, 475B.090, 475B.100, 475B.110, 475B.615
    845-025-7030
    Labeling for Sale to Consumer
    In addition to requirements of OAR 333-007-0010 to 333-007-0100, the Commission may require that marijuana items sold at retail be labeled with a Universal Product Code.
    Stat. Auth.: ORS 475B.025 & 475B.605
    Stats. Implemented: ORS 475B.025
    845-025-7040
    Wholesaler and Retailer Packaging and Labeling Compliance Requirements
    (1) If a wholesaler or a retailer receives a marijuana item that is not packaged or labeled in accordance with OAR 845-025-7000 to 845-025-7060 or OAR 333-007-0010 to 333-007-0100, the wholesaler or retailer must notify the Commission and return the marijuana item to the licensee who transferred the wholesaler or retailer the marijuana item. The wholesaler or retailer must document the return and the reason for the return in the tracking system.
    (2) Sale of a marijuana item that is not packaged and labeled in accordance with OAR 845-025-7000 to 845-025-7060 and OAR 333-007-0010 to 333-007-0100 is a category III violation.
    Stat. Auth.: ORS 475B.615
    Stats. Implemented: ORS 475B.100, 475B.110 & 475B.615
    845-025-7060
    Packaging and Labeling Pre-approval Process
    (1) Prior to a marijuana item being sold to a consumer, a licensee, license applicant or a registrant, if pre-approval is required by the Authority, must submit an application for pre-approval by the Commission.

    (a) The initial submission shall be made electronically if required by the Commission. The licensee, license applicant or registrant must submit a physical prototype upon request by the Commission.
    (b) If a license applicant submits packages and labels for pre-approval final determination for packages and labels will not be made until the applicant has been issued a license.
    (2) Except as provided in sections (7) to (9) of this rule, the packaging and labels must be accompanied by the following:
    (a) A fee as specified in OAR 845-025-1060; and
    (b) Information including but not limited to
    (A) Documentation that the package has been certified for child resistance as defined by 16 CFR 1700 by a qualified third party child-resistant package testing firm.
    (B) A picture of and description of the item to be placed in the package.
    (3) The Commission will evaluate the packaging and label in order to determine whether:
    (a) The packaging:
    (A) Has been certified as child resistant by a qualified third party child-resistant package testing firm;
    (B) Is attractive to minors or is marketed in a manner attractive to minors;
    (C) Contains untruthful or misleading content;
    (D) Will contain a marijuana item that is not compliant with ORS 475B, OAR 333, Divisions 7 and 8, or these rules.
    (b) The label complies with the Authority’s labeling rules, OAR 333-007-0010 to 333-007-0100, or any additional labeling requirements in these rules.
    (4) The Commission must review the packaging and labeling and notify the licensee, licensee applicant or registrant whether the packaging and labeling is approved, and if not approved, a description of the packaging or labeling deficiencies.
    (5) If a licensee or registrant’s label is deficient it must correct the deficiencies and resubmit the label for pre-approval, but the licensee or registrant is not required to submit an additional fee unless the label is found deficient for a second time in which case the licensee must resubmit the packaging or labeling in accordance with section (1) of this rule.
    (6) If a licensee, licensee applicant or registrant’s original packaging is deficient because it is not child resistant, the licensee, applicant or registrant may:
    (a) Correct the deficiencies and resubmit the packaging for pre-approval. The licensee or registrant is not required to submit an additional fee unless the packaging is found deficient for a second time in which case the licensee may resubmit the packaging or labeling in accordance with subsection (1) of this rule; or
    (b) The licensee, licensee applicant or registrant may indicate that they wish to satisfy the requirement that a marijuana item be in a container that is child-resistant by using an approved child-resistant exit package.
    (7) If a licensee or registrant’s packaging is deficient for reasons other than child resistance it must correct the deficiencies and resubmit the packaging for pre-approval, but the licensee, applicant or registrant is not required to submit an additional fee unless the packaging is found deficient for a second time in which case the licensee must resubmit the packaging or labeling in accordance with subsection (1) of this rule.

    (8) A licensee, applicant or registrant may submit packaging and labeling for approval on the same application for a product that may have different flavors, colors or sizes if the product and packaging is otherwise identical. Applications for approval of packaging and labeling under this section are subject to a single application fee.
    (9) Packages and labels that have been previously approved do not need to be resubmitted if the only changes to the packaging or label are:
    (a) Changes in the:
    (A) Harvest or processing date;
    (B) Strain;
    (C) Test results;
    (D) Net weight or volume; or
    (E) Harvest or process lot numbers.
    (b) The deletion of any non-mandatory label information.
    (c) The addition, deletion or change in the:
    (A) UPC barcodes or 2D mobile barcodes (QR codes); or
    (B) Website address, phone number, fax number, or zip code of the licensee or registrant.
    (d) The repositioning of any label information on the package, as long as the repositioning of label information is consistent with OAR 333-007-0010 to 333-007-0100.
    (10) The Commission may publish a list of previously-approved commercially available packaging. Packaging identified on this list as approved for certain product types does not need to be submitted for approval if used for the type of product for which it is approved and the packaging does not contain any graphics, pictures or logos.
    (11) The Commission may publish a list of products whose package and label have been approved, but require an approved exit package in order to meet the child resistance requirement.
    (12) Labels for marijuana items do not require pre-approval if they contain only the information required by OAR 333-007-0010 to 333-007-0100 and have no graphics, pictures or logos.
    (13) Notwithstanding any provisions of this rule, the Commission may permit or require electronic submission of labels and packaging for approval.
    Stat. Auth.: ORS 475B.610 & 475B.620
    Stats. Implemented: ORS 475B.610 & 475B.620

    Testing - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    TESTING

    Source: Oregon.gov

    845-025-5700
    Licensee Testing Requirements
    (1) Licensees must comply with the Authority’s testing rules in OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64 prior to the sale or transfer of a marijuana item, as specified in those rules.
    (2) A violation is this rule is a Category I violation.
    Stat. Auth.: ORS 475B.550 & 475B.555
    Stats. Implemented: ORS 475B.550 & 475B.5555
    845-025-5720
    Labeling, Storage, and Security of Pre-Tested Marijuana Items
    (1) Following samples being taken from a harvest or process lot batch a licensee must:

    (a) Label the batch with the following information:
    (A) The licensee’s license number;
    (B) The harvest or process lot unique identification number;
    (C) The name and accreditation number of the laboratory that took samples and the name and accreditation number of the laboratory that will perform the testing, if different;
    (D) The test batch or sample unique identification numbers supplied by the laboratory personnel;
    (E) The date the samples were taken; and
    (F) In bold, capital letters, no smaller than 12 point font, “PRODUCT NOT TESTED.”
    (b) Store and secure the batch in a manner that prevents the product from being tampered with or transferred or sold prior to test results being reported.
    (c) Be able to easily locate a batch stored and secured under section (1)(b) of this rule and provide that location to the Commission or a laboratory upon request.
    (2) A batch may be stored in more than one receptacle as long as the labeling requirements are met.
    (3) If the samples pass testing the product may be sold or transferred in accordance with the applicable Commission rules.
    (4) If the samples do not pass testing the licensee must comply with OAR 845-025-5740 and 333-007-0450, as applicable.
    Stat. Auth.: ORS 475B.550 & 475B.555
    Stats. Implemented: ORS 475B.550 & 475B.555
    845-025-5730
    Wholesaler Coordination of Sampling and Testing
    A wholesaler:
    (1) May accept a batch, as that term is defined in OAR 333-007-0310 from a producer or processor that:
    (a) Has not been sampled or tested in accordance with OAR 333-007-0300 to 333-007-0490, and OAR 333, Division 64 and may order tests and arrange for the sampling and testing of the batch in accordance with OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64.
    (b) Has been sampled but has not yet been tested in accordance with OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64.
    (2) Must secure, label, and store pre-tested marijuana items in accordance with OAR 845-025-5720.
    (3) May not transfer or sell a marijuana item unless that marijuana item:
    (a) Has been sampled and tested in accordance with OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64.
    (b) Has passed all the required tests in OAR 333-007-0300 to 333-007-0490.
    (4) Is jointly and severally responsible for ensuring compliance with OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64 with the licensee who produced or processed the marijuana item.
    Stat. Auth.: ORS 475B.100 & 475B.555
    Stats. Implemented: ORS 475B.100 & 475B.555

    845-025-5740
    Failed Test Samples
    If a licensee fails a test the licensee must comply with OAR 333-007-0450.
    Stat. Auth.: ORS 475B.550 & 475B.555
    Stats. Implemented: ORS 475B.550 & 475B.555
    845-025-5760
    Audit, Compliance, and Random Testing
    (1) The Commission may require a licensee to submit samples identified by the Commission to a laboratory of the licensee’s choosing to be tested in order to determine whether a licensee is in compliance with OAR 333-007-0300 through 333-007-0490 and may require additional testing that is not required by these rules.
    (2) A laboratory doing audit testing must comply with these rules, to the extent they are applicable, and if conducting testing not required by these rules, may only use Authority approved methods.
    (3) The commission must establish a process for the random testing of marijuana items for microbiological contaminants that ensures each licensee tests every product for microbiological contaminants at least once a year.
    (4) The Commission may exempt a product that has successfully completed process validation in accordance with OAR 333-007-0440 from testing for microbiological contaminants.
    Stat. Auth.: ORS 475B.550 & 475B.555
    Stats. Implemented: ORS 475B.550 & 475B.555
    845-025-5790
    Marijuana Item Recalls
    (1) The Commission may require a licensee to recall any marijuana item that the licensee has sold or transferred upon a finding that circumstances exist that pose a risk to public health and safety. A recall may be based on, but it not limited to, evidence that:
    (a) Pesticides were used in the production of marijuana in violation of ORS 634 and OAR 603, Division 57;
    (b) A marijuana item is contaminated or otherwise unfit for human use, consumption or application; or
    (c) A marijuana item, including any marijuana, usable marijuana, cannabinoid concentrate or extract used in the processing of the marijuana item was not produced or processed by a licensee.
    (2) If the Commission finds that a recall is required, the Commission must notify the public and licensees of the recall, may require a licensee to notify an individual to whom a marijuana item was sold and may require that the licensee destroy the recalled product.
    Stat. Auth.: ORS 475B.025
    Stats. Implemented: ORS 475B.025 and 475B.030

    Marijuana Worker Permits - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    MARIJUANA WORKER PERMITS

    Source: Oregon.gov

    845-025-5500
    Marijuana Worker Permit and Retailer Requirements
    (1) A marijuana worker permit is required for any individual who performs work for or on behalf of a marijuana retailer, producer, processor or wholesaler if the individual participates in:

    (a) The possession, securing or selling of marijuana items at the premises for which the license has been issued;
    (b) The recording of the possession, securing or selling of marijuana items at the premises for which the license has been issued;
    (c) The verification of any document described in ORS 475B.170; or
    (d) The direct supervision of a person described in subsections (a) to (c) of this section.
    (2) An individual who is required by section (1) of this rule to hold a marijuana worker permit must carry that permit on his or her person at all times when performing work on behalf of a marijuana retailer.
    (3) A person who holds a marijuana worker permit must notify the Commission in writing within 10 days of any conviction for a misdemeanor or felony.
    (4) A marijuana retailer must verify that an individual has a valid marijuana worker permit issued in accordance with OAR 845-025-5500 to 845-025-5590 before allowing the individual to perform any work at the licensed premises.
    Stat. Auth.: ORS 475B.215 & 475B.218
    Stats. Implemented: ORS 475B.215, 475B.218 & Sections 16 & 17, Chapter 23, Oregon Laws 2016
    845-025-5520
    Marijuana Worker Applications
    (1) In order to obtain a marijuana worker permit an individual must submit an application on a form prescribed by the Commission. The application must contain the applicant’s:
    (a) Name;
    (b) Mailing address;
    (c) Date of birth;
    (d) Signature; and
    (e) Response to conviction history questions.
    (2) In addition to the application an applicant must submit:
    (a) A copy of a driver's license or identification card issued by one of the fifty states in the United States of America or a passport; and
    (b) Proof of having passed the worker permit examination.
    (3) If an application does not contain all the information requested or if the information required in section (2) of this rule is not provided to the Commission, the application will be returned to the individual as incomplete.
    (4) If an application is returned as incomplete, the individual may reapply at any time.
    Stat. Auth.: ORS 475B.215 & 475B.218
    Stats. Implemented: ORS 475B.215 & 475B.218
    845-025-5540
    Marijuana Worker Permit Denial Criteria
    (1)The Commission must deny an initial or renewal application if the applicant:
    (a) Is not 21 years of age or older;

    (b) Has had a marijuana license or worker permit revoked for violation of ORS 475B.010 to 475B.395 or any rule adopted under ORS 475B.010 to 475B.395 within two years of the date of the application;
    (2) The Commission may deny an initial or renewal application, unless the applicant shows good cause to overcome the denial criteria, if the applicant:
    (a) Has been convicted of a felony for possession, manufacture or delivery of a controlled substance within three years of the date the Commission received the application, except for convictions for the manufacture or delivery of marijuana if the date of the conviction is two or more years prior to the date of the application or renewal;
    (b) Has been convicted of a felony for a crime involving violence within three years of the date the Commission received the application;
    (c) Has been convicted of a felony for a crime of dishonesty or deception, including but not limited to theft, fraud, or forgery, within three years of the date the Commission received the application.
    (d) Has been convicted of an offense under ORS 475.856, 475.858, 475.860 or 475.862 within three years of the date the Commission received the application.
    (e) Has more than one conviction for any of the crimes listed in subsections (2)(a) to (d) of this rule within five years of the date the Commission received the application.
    (f) Has violated any provision of ORS 475B.010 to 475B.395 or any rule adopted under ORS 475B.010 to 475B.395;
    (g) Makes a false statement to the Commission.
    (3) If the Commission denies an application under subsection (2)(f) to (g) of this rule the individual will not be eligible for a permit for two years from the date the Commission received the application.
    (4) A Notice of Denial must be issued by the Commission in accordance with ORS Chapter 183.
    Stat. Auth.: ORS 475B.215 & 475B.218
    Stats. Implemented: ORS 475B.215, 475B.218 & Section 13, Chapter 24, Oregon Laws 2016
    845-025-5560
    Marijuana Worker Examination Requirements
    (1) An individual must, prior to applying for a marijuana worker permit pass the required examination.
    (2) An individual must score at least 70 percent on the marijuana worker examination in order to pass.
    (3) The Commission may require additional education or training for permit holders at any time, with adequate notice to permit holders.
    Stat. Auth.: ORS 475B.215 & 475B.218
    Stats. Implemented: ORS 475B.215 & 475B.218

    845-025-5580
    Marijuana Worker Renewal Requirements
    (1) An individual must renew his or her marijuana worker permit every five years by submitting a renewal application, prescribed by the Commission and the applicable fee specified in OAR 845-025-1060.
    (2) Renewal applications will be reviewed in accordance with OAR 845-025-5520 and 845-025-5540.
    Stat. Auth.: ORS 475B.215 & 475B.218
    Stats. Implemented: ORS 475B.215 & 475B.218
    845-025-5590
    Suspension or Revocation
    (1) The Commission may suspend or revoke the permit of any marijuana worker if the worker:
    (a) Has been convicted of a felony, except for a felony described ORS 475B.218(4)(a);
    (b) Has violated a provision of ORS 475B.010 to 475B.395 or these rules; or
    (c) Makes a material false statement to the Commission.
    (2) The Commission may suspend or revoke the permit for any marijuana worker for any reasons that would be the basis for denying a permit application under OAR 845-025-5540.
    (3) If an individual’s permit is revoked under sections (1)(b) or (c) of this rule future applications will be denied if received within two years of the date the final order of revocation was issued.
    (4) A notice of suspension or revocation must be issued by the Commission in accordance with ORS 183.
    Stat. Auth.: ORS 475B.215 & 475B.218
    Stats. Implemented: ORS 475B.215 & 475B.218

    Research Certificate - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    RESEARCH CERTIFICATE

    Source: Oregon.gov

    845-025-5300
    Application for Marijuana Research Certificate
    (1) The Commission shall issue Marijuana Research Certificates to qualifying public and private researchers who present research proposals that demonstrate:
    (a) The proposed research would benefit the state’s cannabis industry, medical research or public health and safety; and
    (b) The proposed operation and methodology complies with all applicable laws and administrative rules governing marijuana licensees and licensee representatives.
    (2) The process for applying for, receiving and renewing a certificate shall be the same as the process for applying for, receiving and renewing a marijuana license under OAR 845-025-1030 to 845-025-1115 except that an applicant for a Marijuana Research Certificate is not subject to the residency requirements in OAR 845-025-1045(2)(b).

    (3) In addition to the application requirements in OAR-025-1030 the applicant must also provide:
    (a) A clear description of the research proposal;
    (b) A description of the researchers' expertise in the scientific substance and methods of the proposed research;
    (c) An explanation of the scientific merit of the research plan, including a clear statement of the overall benefit of the applicant’s proposed research to Oregon’s cannabis industry, medical research, or to public health and safety;
    (d) Descriptions of key personnel, including clinicians, scientists, or epidemiologists and support personnel who would be involved in the research, demonstrating they are adequately trained to conduct this research;
    (e) A clear statement of the applicant’s access to funding and the estimated cost of the proposed research;
    (f) A disclosure of any specific conflicts of interest that the researcher or other key personnel have regarding the research proposal;
    (g) A description of the research methods demonstrating an unbiased approach to the proposed research;
    (h) A description of the quantities of marijuana items, if any, that are proposed be transferred to licensees; and
    (i) If the applicant intends to research the use of pesticides, an experimental use permit issued by Oregon Department of Agriculture pursuant to OAR 603-057-0160.
    (4) Research certificates will be granted for up to a three-year term.
    (5) The Commission may request that the research certificate holder submit information and fingerprints required for a criminal background check at any time within the research certificate term.
    (6) A certificate holder may, in writing, request that the Commission waive one or more of these rules. The request must include the following information:
    (a) The specific rule and subsection of a rule that is requested to be waived;
    (b) The reason for the waiver;
    (c) A description of an alternative safeguard the licensee can put in place in lieu of the requirement that is the subject of the waiver, or why such a safeguard is not necessary; and
    (d) An explanation of how and why the alternative safeguard or waiver of the rule protects public health and safety, prevents diversion of marijuana, and provides for accountability.
    (7) The Commission may, in its discretion, and on a case-by-case basis, grant the waiver in whole or in part if it finds:
    (a) The reason the certificate holder is requesting the waiver is because another state or local law prohibits compliance; or
    (b) The certificate holder cannot comply with the particular rule, for reasons beyond the certificate holder’s control or compliance with the rule is cost prohibitive; or
    (c) Because of the nature of the research, the Commissions finds that compliance with a particular rule is not necessary and that even with the waiver public health and safety can be protected, there is no increased opportunity for diversion of marijuana, and the certificate holder remains accountable.

    (8) The Commission must notify the certificate holder in writing whether the request has been approved. If the request is approved the notice must specifically describe any alternate safeguards that are required and, if the waiver is time limited, must state the time period the waiver is in effect.
    (9) The Commission may withdraw approval of the waiver at any time upon a finding that the previously approved waiver is not protecting public health and safety or the research certificate holder has other issues with compliance. If the Commission withdraws its approval of the waiver the certificate holder will be given a reasonable period of time to come into compliance with the requirement that was waived.
    Stat. Auth.: ORS 475B.235
    Stats. Implemented: ORS 475B.235 & Sections 12 & 65, Chapter 24, Oregon Laws 2016
    845-025-5350
    Marijuana Research Certificate Privileges; Prohibitions
    (1) A certificate holder may receive marijuana items from a licensee or a registrant under ORS 475B.400 to 475B.525.
    (2) A certificate holder:
    (a) May not:
    (A) Sell or otherwise transfer marijuana items to any other person except when disposing of waste pursuant to OAR 845-025-7750, transferring to another certificate holder or transferring to another licensee.
    (B) Transfer more to another licensee than is permitted in the Commission’s order granting the research certificate.
    (b) Must comply with the testing rules in OAR 333-007-0300 to 333-007-0490 applicable to a producer or processor prior to transferring marijuana items to a licensee.
    (3) A certificate holder may not conduct any human subject research related to marijuana unless the certificate holder has received approval from an institutional review board that has adopted the Common Rule, 45 CFR Part 46.
    (4) All administrative rules adopted by Commission for the purpose of administering and enforcing ORS Chapter; and any rules adopted thereunder with respect to licensees and licensee representatives apply to certificate holders except for those which are inconsistent with this rule.
    Stat. Auth.: ORS 475B.235
    Stats. Implemented ORS 475B.235 & Sections 12 & 65, Chapter 24, Oregon Laws 2016

    Marijuana Testing Laboratories - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    MARIJUANA TESTING LABORATORIES

    Source: Oregon.gov

    845-025-5000
    Laboratory License Privileges; Requirements
    (1) A licensed marijuana testing laboratory may:
    (a) Obtain samples of marijuana items from licensees or registrants for the purpose of testing as provided in these rules and OAR 333-007-0300 to 333-007-0490 if the laboratory has an accredited scope item for sampling;
    (b) Transport and dispose of samples as provided in these rules;
    (c) Perform testing on marijuana items in a manner consistent with the laboratory’s accreditation by the Authority, these rules, OAR 333-007-0300 to 333-007-0490, and OAR 333, Division 64; and
    (d) Transfer the laboratory’s marijuana waste to a producer, processor, wholesaler, or research certificate holder.
    (2) A licensed marijuana testing laboratory must, upon request of the Oregon Department of Agriculture, provide a test result and any other information or sample material to the Department.
    (3) Notwithstanding the requirements of OAR 845-025-1230, a laboratory license may permit a registrant 18 years of age or older to be present on the licensed premises for the purpose of delivering a marijuana item for sampling and testing.
    (4) Nothing in these rules prohibits a laboratory licensee from testing industrial hemp or industrial hemp commodities and products in accordance with Oregon Laws 2016, chapter 71, section 9.
    Stat. Auth.: ORS 475B.560

    Stats. Implemented: ORS 475B.560
    845-025-5030
    Laboratory Licensing Requirements
    (1) General Requirements
    (a) A laboratory that intends to collect samples or test marijuana items for producer, processor, wholesale, or retail licensees, or research certificate holders must be licensed by the Commission.
    (b) An applicant for a license under this rule must comply with all applicable application requirements in OAR 845-025-1030 and pay the required application and license fees.
    (c) A laboratory application is subject to the same application review procedures as other applicants.
    (d) In addition to the denial criteria in OAR 845-025-1115, the Commission may refuse to issue a laboratory license for any violation ORS 475B.550 to 475B.590, OAR 333-007-0300 to 333-007-0490, OAR 333, Division 64 or these rules.
    (e) In addition to the denial criteria in OAR 845-025-1115, the Commission may refuse to issue a laboratory license to any person who:
    (A) Holds a producer, processor, wholesaler or retail license;
    (B) Is registered with the authority under ORS 475B.420 and is a person designated to produce marijuana by a registry identification cardholder as that is defined in ORS 475B.410; or
    (C) Is registered with the authority under ORS 475B.435 or 475B.450.
    (f) Laboratory application and license fees are established in OAR 845-025-1060.
    (g) A laboratory that is only accredited to perform sampling may be designated as a Sampling Laboratory for purposes of the licensing fee in OAR 845-025-1060. This designation may only be changed upon license renewal.
    (2) Accreditation by the Authority
    (a) In addition to the requirements listed in section (1) of this rule, an applicant for a laboratory license must be accredited by the Authority under OAR 333, Division 64 for any cannabis sampling or testing the applicant will perform under OAR 333-007-0300 to 333-007-0490.
    (b) An applicant for a license under this rule may apply for licensure prior to receiving accreditation, but the Commission will not issue a license until proof of accreditation is received. (c) The Commission may make efforts to verify or check on an applicant’s accreditation status during the licensing process, but an applicant bears the burden of taking all steps needed to secure accreditation and present proof of accreditation to the Commission.
    (d) In addition to the denial criteria in OAR 845-025-1115, the Commission may consider an application incomplete if the applicant does not obtain accreditation from the Authority within six months of applying for a license. The Commission shall give an applicant an opportunity to be heard if an application is declared incomplete under this section, but an applicant is not entitled to a contested case proceeding under ORS chapter 183. An applicant whose application is declared incomplete may reapply at any time.

    (e) A licensed laboratory must maintain accreditation by the Authority at all times while licensed by the Commission. If a laboratory’s accreditation lapses or is revoked at any time for any reason while licensed by the Commission, the laboratory may not perform any activities that are subject to the lapsed or revoked accreditation until it is reinstated.
    (f) Exercising license privileges without proper accreditation is a Category I violation and could result in license revocation.
    (3) Renewal.
    (a) A laboratory must renew its license annually and pay the required renewal fees in accordance with OAR 845-025-1190.
    (b) A laboratory renewal application may be denied for any violation of ORS 475B.550 to 475B.590, OAR 333-007-0300 to 333-007-0490, OAR 333, Division 64, or these rules.
    Stat. Auth.: ORS 475B.560
    Stats. Implemented: ORS 475B.560
    845-025-5045
    Laboratory Tracking and Reporting
    (1) A laboratory licensee is required to utilize CTS for sampling or testing conducted for licensees and research certificate holders and follow all requirements established by OAR 845-025-7500 to OAR 845-025-7590.
    (2) A laboratory licensee conducting sampling or testing for licensees is responsible for tracking and entering the following information into CTS:
    (a) Receipt of samples for testing, including:
    (A) Size of the sample;
    (B) Name of licensee or research certificate holder from whom the sample was obtained;
    (C) Date the sample was collected; and
    (D) UID tag information associated with the harvest or process lot from which the sample was obtained.
    (b) Tests performed on samples, including:
    (A) Date testing was performed;
    (B) What samples were tested for;
    (C) Name of laboratory responsible for testing; and
    (D) Results of all testing performed.
    (c) Disposition of any testing sample material.
    (3) A laboratory must also comply with any recordkeeping requirements in OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64.
    Stat. Auth.: ORS 475B.560
    Stats. Implemented: ORS 475B.560
    845-025-5060
    Laboratory Transportation and Waste Disposal

    (1) A laboratory licensee must follow OAR 845-025-7700 and any applicable rules in OAR 333-007-0300 to 333-007-0490 and OAR 333, Division 64 regarding transportation of marijuana items.
    (2) A laboratory licensee must follow all rules regarding disposal of samples from marijuana items established in OAR 845-025-7750.
    Stat. Auth.: ORS 475B.560
    Stats. Implemented: ORS 475B.560
    845-025-5075
    Laboratory Licensee Prohibited Conduct
    (1) In addition to the prohibitions set forth in OAR 845-025-8520, a laboratory licensee may not: (a) Perform any required marijuana sampling or testing using any sampling or testing methods or equipment not permitted under the laboratory’s accreditation through the Authority;
    (b) Perform any required marijuana sampling or testing for any licensed marijuana producer, processor, wholesaler or retailer in which the laboratory licensee has a financial interest; or
    (c) Engage in any activity that violates any provision of ORS Chapter 475B, OAR 333-007-0300 through OAR 333-007-0490 or OAR 333, Division 64 as applicable or these rules.
    (2) The Commission may suspend or revoke a laboratory license for any violation of ORS 475B.550 to ORS 475B.590, OAR 333-007-0300 to 333-007-0490, OAR 333, Division 64, or these rules. The licensee has a right to a hearing under the procedures of ORS chapter 183; OAR chapter 137, division 003; and OAR chapter 845, division 003.
    (3) A violation of this rule is a Category I violation and could result in license revocation.
    Stat. Auth.: ORS 475B.560
    Stats. Implemented: ORS 475B.560

    Recreational Marijuana Wholesalers - Oregon Liquor Control Commission

    Effective September 20, 2016

    OREGON LIQUOR CONTROL COMMISSION
    DIVISION 25
    RECREATIONAL MARIJUANA

    RECREATIONAL MARIJUANA WHOLESALER

    Source: Oregon.gov

    845-025-3500
    Wholesale License Privileges; Prohibitions
    (1) A wholesale licensee may:
    (a) Sell, including sale by auction, transfer and transport:
    (A) Any type of marijuana item to a retailer, wholesaler, non-profit dispensary or research certificate holder;
    (B) Immature marijuana plants and seeds to a producer;
    (C) Usable marijuana to a producer license that the wholesale license has stored on the producer’s behalf;
    (D) Usable marijuana, cannabinoid extracts and concentrates to a processor licensee; and
    (E) Marijuana waste to a producer or processor or research certificate holder.
    (b) Purchase or receive:
    (A) Any type of marijuana item from a wholesaler.
    (B) Cannabinoid concentrates, extracts, and products from a processor with an endorsement to manufacture the type of product received;
    (C) Seeds, immature plants or usable marijuana from a producer;
    (D)Whole, non-living marijuana plants that have been entirely removed from any growing medium from a producer; and
    (E) Marijuana waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder.
    (c) Transport and store marijuana items on behalf of other licensees, pursuant to the requirements of OAR 845-025-7500 to OAR 845-025-7590.
    (d) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490.
    (2) A wholesale licensee may not sell, deliver, purchase, or receive any marijuana item other than as provided in section (1) of this rule.
    (3) For purposes of this rule, “marijuana item” does not include a mature marijuana plant.
    Stat. Auth.: ORS 475B.025 & 475B.100
    Stats. Implemented: ORS 475B.100 & 475B.400 & Sections 24, Chapter 23, Oregon Laws 2016
    845-025-3510
    Micro-Wholesaler License Privileges
    A micro-wholesale licensee has all the license privileges in OAR 845-025-3500 except that the licensee may only receive marijuana items from a producer with a micro tier I or tier II canopy.
    Stat. Auth.: ORS 475B.025 & 475B.075
    Stats. Implemented: ORS 475B.075 and Section 1, Chapter 24, Oregon Laws 2016
    845-025-3600

    Wholesaling Marijuana for Medical Purposes
    (1) In order to sell marijuana at wholesale for medical purposes a marijuana wholesaler licensed under ORS 475B.100 must register with the commission in a form and manner specified by the commission.
    (2) A marijuana wholesaler licensed under ORS 475B.100 who has registered with the commission to wholesale marijuana items for medical purposes:
    (a) May:
    (A) Receive or purchase medical grade cannabinoid products, concentrates or extracts from processors that have registered to process marijuana items for medical purposes; and
    (B) Sell or transfer medical grade cannabinoid products, concentrates or extracts to wholesalers, processors and retailers who have registered to sell or process marijuana for medical purposes.
    (b) Must comply with the requirements of OAR 333-007-0100 to 333-007-0100 for labeling medical grade products.
    Stat. Auth.: ORS 475B.025
    Stats. Implemented: Section 4, Chapter 83, Oregon Laws 2016