Retail Marijuana Processors - Oregon Liquor Control Commission

Effective September 20, 2016

OREGON LIQUOR CONTROL COMMISSION
DIVISION 25
RECREATIONAL MARIJUANA

RETAIL MARIJUANA PROCESSORS

Source: Oregon.gov

845-025-2900
Retail Sale of Marijuana for Medical Purposes
(1) In order to sell marijuana items for medical purposes a marijuana retailer licensed under ORS 475B.110 must register in a form and manner specified by the commission.
(2) A marijuana retailer licensed under ORS 475B.110 who has registered with the commission to sell marijuana items for medical purposes, may:
(a) Sell marijuana items tax free to registry identification cardholders and designated primary caregivers.
(b) Sell medical grade cannabinoid product, cannabinoid concentrate or extract to registry identification cardholders and designated primary caregivers.
(c) May sell or provide usable marijuana and medical grade cannabinoid products, concentrates and extracts to registry identification cardholders and designated primary caregivers free of charge or at a discounted price.
(d) Notwithstanding the requirements of OAR 845-025-1230, 845-025-2800, 845-025-2820 and 845-025-8520, may permit registry identification cardholders 18 years of age and older to be present on the licensed premises and purchase marijuana items.
(3) A marijuana retailer who has registered with the commission to sell marijuana items for medical purposes must:
(a) Store and display medical grade cannabinoid products, concentrates and extracts in a manner that separates medical grade items from other marijuana items.
(b) Comply with the requirements of OAR 333-007-0100 to 333-007-0100 for labeling medical grade products.
(c) Verify the individual who is purchasing a marijuana item for medical purposes is currently registered with the Authority by viewing the individual’s government issued photo identification and Authority issued registry identification card or designated primary care giver card, or a receipt issued by the Authority under OAR 333-008-0023 or 333-008-0040 and making sure the identities match and that the card is current or the receipt has not expired, prior to the sale or transfer of a marijuana item as described in section (2) of this rule.
(d) Use CTS to record the receipt or card number of every registry identification cardholder and designated primary care giver who receives marijuana items as described in section (2) of this rule together with the date of the sale or transfer and amount sold or transferred.
(4) Violation of this rule is a category III violation.
Stat. Auth.: ORS 475B.025
Stats. Implemented: Section 5, Chapter 83, Oregon Laws 2016

845-025-2910
Transfer of Medical Marijuana Dispensary Inventory
(1) For purposes of this rule:
(a) “Medical marijuana dispensary” means a medical marijuana dispensary registered under ORS 475B.450.
(b) "Person responsible for the medical marijuana dispensary" or "PRD" has the meaning given that term in OAR 333-008-1010.
(c) "Primary PRD" has the meaning given that term in OAR 333-008-1010.
(2) An applicant for a retail license under ORS 475B.110 that is also an owner of a medical marijuana dispensary may submit a transfer request to the Commission, on a form prescribed by the Commission, to transition from being registered with the Authority to being licensed by the Commission. The request must include, at a minimum, the following information:
(a) The name of the marijuana dispensary, dispensary address, and Authority issued registration number for the medical marijuana dispensary;
(b) The name and contact information of the owner of the medical marijuana dispensary;
(c) The names and contact information for each PRD;
(d) Identification of the primary PRD.
(e) An authorization that permits the Authority to disclose to the Commission any information necessary to verify the information submitted in the request.
(f) The amount and type of marijuana items proposed to be transferred.
(3) Upon receiving a request under section (2) of this rule the Commission must verify with the Authority:
(a) The registration status of the medical marijuana dispensary; and
(b) The ownership of the dispensary and the identification of each PRD and the primary PRD;
(4) A transfer request will be denied if an applicant has not complied with this rule or if a license is denied under OAR 845-025-1115.
(5) The Commission may inspect the marijuana items proposed for transfer to determine if they:
(a) Have been packaged, labeled and tested in accordance with OAR 845-025-7000 to 845-025-7060 and 845-025-5700; and
(b) Meet the applicable concentration limits in OAR 333-007-0210 or 333-007-0220.
(6) If the information in the transfer request is verified by the Authority and the Commission approves a license application under ORS 475B.090, the Commission must notify the applicant of the amount and type of marijuana items permitted to be transferred.
(a) The Commission will deny the request to transfer any marijuana item that:
(A) Was not identified in the request to transfer;
(B) Was not in the dispensary’s inventory at the time of the request to transfer; and
(b) The Commission will deny the request to transfer any marijuana item received by the dispensary on or after October 1, 2016 that does not comply with the applicable packaging and testing rules in OAR 845-025-7000 to 845-025-7060 and 845-025-5700, except as provided in subsection (c) of this section.

(c) The Commission will allow the transfer of marijuana items received by the dispensary prior to October 1, 2016 if:
(A) The marijuana item was tested in accordance with OAR 333-008-1190, if the item contains a label placed on the package where it can easily be seen by a consumer, patient or designated primary caregiver that reads "DOES NOT MEET NEW TESTING REQUIREMENTS" in 12 point font, and in bold, capital letters;
(B) The Marijuana item is packaged in a child resistant container as required by 845-025-7020(3).
(d) The Commission may not permit the transfer of a cannabinoid concentrate, extract or product that exceeds the concentration limits established for retail adult use under OAR 333-007-0210 unless the licensee has been registered to sell medical grade cannabinoid concentrates, extracts or products.
(e) Any marijuana items that have not been approved for transfer must be lawfully disposed of and removed from the premises prior to the initial date of licensure.
(7) Information regarding the seeds, immature plants, usable marijuana, cannabinoid concentrates, extracts or products transferred must be recorded in CTS within ten calendar days of licensure.
(8) The licensee must notify the Commission once the seeds, immature plants, usable marijuana, cannabinoid concentrates, extracts or products are entered into CTS and the Commission may inspect the premises to verify the information the licensee entered into CTS.
(9) Once the transfer of inventory under this section is complete the Commission must notify the Authority that the medical marijuana dispensary is now a licensed premises and that the licensed premises may not be registered as a medical marijuana dispensary address under ORS 475B.450.
(10) The Commission may deny a transfer request if it cannot verify the information in the request or the applicant submitted incomplete information to the Commission.
(11) Marijuana items transferred under this rule may be retained in the retailer license’s inventory until March 1, 2017. Violation of this section is a Category III violation.
Stat. Auth.: ORS 475B.025
Stats. Implemented: 2016 OL Ch. 24, Sec. 25
845-025-3200
Definitions
For purposes of OAR 845-025-3200 to 845-025-3290:
(1) “Cannabinoid topical” means a cannabinoid product intended to be applied to skin or hair.
(2) “Food” means a raw, cooked, or processed edible substance, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
Stat. Auth.: ORS 475B.025 & 475B.090
Stats. Implemented: ORS 475B.090
845-025-3210
Endorsements

(1) A marijuana processor may only process and sell cannabinoid products, concentrates or extracts if the processor has received an endorsement from the Commission for that type of processing activity. Endorsements types are:
(a) Cannabinoid edible processor;
(b) Cannabinoid topical processor;
(c) Cannabinoid concentrate processor; and
(d) Cannabinoid extract processor.
(2) An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time following licensure.
(3) In order to apply for an endorsement an applicant or processor licensee must submit a form prescribed by the Commission that includes a description of the type of products to be processed, a description of equipment to be used, and any solvents, gases, chemicals or other compounds proposed to be used to create extracts or concentrates.
(4) Only one application and license fee is required regardless of how many endorsements an applicant or licensee requests or at what time the request is made.
(5) An individual processor licensee may hold multiple endorsements.
(6) For the purposes of endorsements any cannabinoid product that is intended to be consumed or ingested orally or applied in the mouth is considered a cannabinoid edible.
(7) If a processor is no longer going to process the product for which the processor is endorsed the processor must notify the Commission in writing and provide the date on which the processing of that product will cease.
(8) The Commission may deny a processor’s request for an endorsement if the processor cannot or does not meet the requirements in OAR 845-025-3200 to 845-025-3290 for the endorsement that is requested. If the Commission denies approval the processor has a right to a hearing under the procedures of ORS chapter 183.
Stat. Auth.: ORS 475B.025 & 475B.090
Stats. Implemented: ORS 475B.090 & 475B.135
845-025-3215
Processor Privileges; Prohibitions
(1) A processor may:
(a) Transfer, sell or transport:
(A) Cannabinoid concentrates, extracts, and products for which the processor has an endorsement to a processor, wholesaler, retailer, non-profit dispensary, or research certificate holder; and
(B) Marijuana waste to a producer, processor, wholesaler, or research certificate holder.
(b) Purchase and receive:
(A) Whole, non-living marijuana plants that have been entirely removed from any growing medium from a producer, wholesaler, or research certificate holder;
(B) Usable marijuana from a producer, wholesaler, or research certificate holder;
(C) Cannabinoid concentrates, extracts and products from a processor with an endorsement to manufacture the type of product received, or research certificate holder;
(D) Marijuana waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder; and

(E) Cannabinoid concentrates, extracts, and products produced by the licensee that have been held in bailment by a wholesaler.
(c) 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 processor may not transfer, sell transport, purchase, or receive any marijuana item other than as provided in section (1) of this rule.
Stat. Auth.: ORS 475B.025 & 475B.090
Stats. Implemented: ORS 475B.025, 475B.090, Sections 24, Chapter 23, Oregon Laws 2016 & Sections 12 & 65 Chapter 24, Oregon Laws 2016
845-025-3220
General Processor Requirements
(1) A processor must:
(a) Use equipment, counters and surfaces for processing that are food-grade and do not react adversely with any solvent being used.
(b) Have counters and surface areas that are constructed in a manner that reduce the potential for development of microbials, molds and fungi and that can be easily cleaned.
(c) Maintain the licensed premises in a manner that is free from conditions which may result in contamination and that is suitable to facilitate safe and sanitary operations for product preparation purposes.
(d) Store all marijuana items not in use in a locked area, including products that require refrigeration in accordance with OAR 845-025-1410.
(e) Assign every process lot a unique identification number and enter this information into CTS.
(3) A processor may not process, transfer or sell a marijuana item:
(a) That by its shape, design or flavor is likely to appeal to minors, including but not limited to:
(A) Products that are modeled after non-cannabis products primarily consumed by and marketed to children; or
(B) Products in the shape of an animal, vehicle, person or character.
(b) That is made by applying cannabinoid concentrates or extracts to commercially available candy or snack food items.
(c) That contains Dimethyl sulfoxide (DMSO).
(4) A processor may not treat or otherwise adulterate a cannabinoid product, concentrate or extract with any non-cannabinoid additive that would increase potency, toxicity or addictive potential, or that would create an unsafe combination with other psychoactive substances. Prohibited additives include but are not limited to nicotine, caffeine, chemicals that increase carcinogenicity or cardiac effects.
Stat. Auth.: ORS 475B.025 & 475B.090
Stats. Implemented: ORS 475B.090
845-025-3230
Processor Policies and Procedures

A processor must create and maintain written, detailed standard policies and procedures that include but are not limited to:
(1) Instructions for making each cannabinoid concentrate, extract or product.
(2) The ingredients and the amount of each ingredient for each process lot;
(3) The process for making each product;
(4) The number of servings in a process lot;
(5) The intended amount of THC per serving and in a unit of sale of the product;
(6) The process for making each process lot homogenous;
(7) If processing a cannabinoid concentrate or extract:
(a) Conducting necessary safety checks prior to commencing processing;
(b) Purging any solvent or other unwanted components from a cannabinoid concentrate or extract;
(8) Procedures for cleaning all equipment, counters and surfaces thoroughly;
(9) Procedures for preventing growth of pathogenic organisms and toxin formation;
(10) Proper handling and storage of any solvent, gas or other chemical used in processing or on the licensed premises in accordance with material safety data sheets and any other applicable laws;
(11) Proper disposal of any waste produced during processing in accordance with all applicable local, state and federal laws, rules and regulations;
(12) Quality control procedures designed to maximize safety and minimize potential product contamination;
(13) Appropriate use of any necessary safety or sanitary equipment; and
(14) Emergency procedures to be followed in case of a fire, chemical spill or other emergency.
Stat. Auth.: ORS 475B.025 & 475B.090
Stats. Implemented: ORS 475B.090
845-025-3240
Processor Training Requirements
(1) A processor must have a comprehensive training program that includes, at a minimum, the following topics:
(a) The standard operating policies and procedures;
(b) The hazards presented by all solvents or other chemicals used in processing and on the licensed premises as described in the material safety data sheet for each solvent or chemical; and
(c) Applicable Commission statutes and rules.
(2) At the time of hire and prior to engaging in any processing, and once yearly thereafter, each employee involved in the processing of a cannabinoid concentrate, extract or product must be trained in accordance with the processor’s training program.
Stat. Auth.: ORS 475B.025 & 475B.090
Stats. Implemented: ORS 475B.090
845-025-3250
Cannabinoid Edible Processor Requirements

(1) A cannabinoid edible processor may only process in a food establishment licensed by the Oregon Department of Agriculture (ODA) and must comply with the applicable provisions of OAR 603, Division 21, Division 24, Division 25, with the exception of OAR 603-025-0020(17) and Division 28.
(2) A cannabinoid edible processor may not:
(a) Engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant, single-event temporary restaurant, commissary, mobile unit, bed or breakfast, or warehouse licensed under ORS 624;
(b) Share a food establishment with a person not licensed and endorsed by the Commission as a cannabinoid edible processor;
(c) Process food intended for commercial sale that does not contain cannabinoids, at the licensed premises; or
(d) Use a cannabinoid concentrate or extract to process food unless that concentrate or extract was processed by a licensee in a food establishment licensed by the ODA in compliance with the applicable provisions of OAR chapter 603, Division 21, Division 24, Division 25, with the exception of OAR 603-025-0020(17), and Division 28.
(3) A cannabinoid edible processor may share a food establishment with another cannabinoid edible processor if:
(a) The schedule, with specific hours and days that each processor will use the food establishment, is prominently posted at the entrance to the food service establishment and has been approved by the Commission:
(A) The schedule must be submitted to the Commission in writing and will be approved if it demonstrates that use of a shared food establishment by multiple cannabinoid edible processors does not create an increased compliance risk.
(B) A processor licensee may only change the schedule with prior written approval from the Commission.
(b) In addition to the applicable requirements of OAR 845-025-1410, each licensee must designate a separate area to secure any marijuana, cannabinoid products, concentrates or extracts that a licensee stores at the food establishment. The designated area must only be accessible to the licensee. If a cannabinoid edible processor does not store marijuana, cannabinoid products, concentrates or extracts at the food establishment those items must be stored on a licensed premises.
(4) A food establishment used by a cannabinoid edible processor is considered a licensed premises and must meet the security and other licensed premises requirements in these rules.
(5) A cannabinoid edible processor is strictly liable for any violation found at a shared food establishment during that processor’s scheduled time or within that processor’s designated area in the food establishment.
Stat. Auth.: ORS 475B.025 & 475B.090
Stats. Implemented: ORS 475B.090 & 475B.135
845-025-3260
Cannabinoid Concentrate and Extract Processor Requirements

(1) Cannabinoid Concentrates or Extracts. A processor with a cannabinoid concentrate or extract endorsement:
(a) May not use Class I solvents as those are classified in the Federal Drug Administration Guidance, Table I, published in the Federal Register on December 24, 1997 (62 FR 67377).
(b) Must:
(A) Only use a hydrocarbon-based solvent that is at least 99 percent purity.
(B) Only use a non-hydrocarbon-based solvent that is food-grade.
(C) Work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.
(D) Use only potable water and ice made from potable water in processing.
(E) If making a concentrate or extract that will be used in a cannabinoid edible, be endorsed as a cannabinoid edible processor and comply with OAR 845-025-3250.
(2) Cannabinoid Extracts. A processor with an endorsement to make cannabinoid extracts:
(a) May not use pressurized canned flammable fuel, including but not limited to butane and other fuels intended for use in camp stoves, handheld torch devices, refillable cigarette lighters and similar consumer products.
(b) Must:
(A) Process in a:
(i) Fully enclosed room clearly designated on the current diagram of the licensed premises.
(ii) Room and with equipment, including all electrical installations that meet the requirements of the Oregon Structural Specialty Code, related Oregon Specialty Codes and the Oregon Fire Code.
(B) Use a professional grade closed loop extraction system designed to recover the solvents and built to codes of recognized and generally accepted good engineering standards, such as those of:
(i) American National Standards Institute (ANSI);
(ii) Underwriters Laboratories (UL); or
(iii) The American Society for Testing and Materials (ASTM).
(C) If using carbon dioxide in processing, use a professional grade closed loop carbon dioxide gas extraction system where every vessel is rated to a minimum of six hundred pounds per square inch.
(D) Have equipment and facilities used in processing approved for use by the local fire code official.
(E) For extraction system engineering services, including but not limited to consultation on and design of extraction systems or components of extraction systems, use the services of a professional engineer registered with the Oregon State Board of Examiners for Engineering and Land Surveying, unless an exemption under ORS 672.060 applies.
(F) Have an emergency eye-wash station in any room in which cannabinoid extract is being processed.
(G) Have all applicable material safety data sheets readily available to personnel working for the processor.

(3) Cannabinoid Concentrates. A processor with an endorsement to make cannabinoid concentrates:
(a) May not:
(A) Use denatured alcohol.
(B) If using carbon dioxide, apply high heat or pressure.
(b) Must only use or store dry ice in a well-ventilated room to prevent against the accumulation of dangerous levels of carbon dioxide.
(c) May use:
(A) A mechanical extraction process;
(B) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or
(C) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use heat over 180 degrees or pressure.
Stat. Auth.: ORS 475B.025 & 475B.090
Stats. Implemented: ORS 475B.090
845-025-3280
Cannabinoid Topical Processor
A processor with a cannabinoid topical endorsement may not engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant or single-event temporary restaurant licensed under ORS 624.
Stat. Auth.: ORS 475B.025 & 475B.090
Stats. Implemented: ORS 475B.090
845-025-3290
Recordkeeping
(1) A processor must keep records documenting the following:
(a) How much marijuana is in each process lot;
(b) If a product is returned by a licensee, how much product is returned and why;
(c) If a defective product was reprocessed, how the defective product was reprocessed; and
(d) Each training provided in accordance with OAR 845-025-3240, the names of employees who participated in the training, and a summary of the information provided in the training.
(2) A processor must obtain a material safety data sheet for each solvent used or stored on the licensed premises and maintain a current copy of the material safety data sheet and a receipt of purchase for all solvents used or to be used in an extraction process on the licensed premises.
(3) If the Commission requires a processor to submit or produce documents to the Commission that the processor believes falls within the definition of a trade secret as defined in ORS 192.501, the processor must mark each document “confidential” or “trade secret”.
Stat. Auth.: ORS 475B.025 & 475B.090

Stats. Implemented: ORS 475B.090
845-025-3300
Processing Marijuana for Medical Purposes
(1) In order to process marijuana items for medical purposes a marijuana processor licensed under ORS 475B.090 must register with the commission in a form and manner specified by the commission.
(2) A marijuana processor licensed under ORS 475B.090 who has registered with the commission to process marijuana items for medical purposes:
(a) May:
(A) Process medical grade cannabinoid products, concentrates or extracts; and
(B) Sell 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 475.025
Stats. Implemented: Section 3, Chapter 83, Oregon Laws 2016
845-025-3310
Transfer of Medical Marijuana Processing Site Inventory
(1) For purposes of this rule:
(a) “Marijuana processing site” means a marijuana processing site registered under ORS 475B.435 or an applicant that has submitted a complete application for registration of a marijuana processing site to the Authority under ORS 475B.435.
(b) "Person responsible for the marijuana processing site" or "PRP" has the meaning given that term in OAR 333-008-0160.
(c) "Primary PRP" has the meaning given that term in OAR 333-008-0160.
(2) An applicant for a processor license under ORS 475B.090 that is also an owner of a marijuana processing site may submit a transfer request to the Commission, on a form prescribed by the Commission, to transition from being registered with the Authority to being licensed by the Commission. The request must include, at a minimum, the following information:
(a) The name of the marijuana processing site, address, and Authority issued registration number for the marijuana processing site;
(b) The name and contact information of the owner of the marijuana processing site;
(c) The names and contact information for each PRP;
(d) Identification of the primary PRP.
(e) The endorsements of the marijuana processing site.
(f) An authorization that permits the Authority to disclose to the Commission any information necessary to verify the information submitted in the request.
(g) The amount and types of marijuana items proposed to be transferred.

(3) Upon receiving a request under section (2) of this rule the Commission must verify with the Authority:
(a) The registration status of the marijuana processing site; and
(b) The ownership of the processing site and the identification of each PRP and the primary PRP;
(4) A transfer request will be denied if an applicant has not complied with this rule or if a license is denied under OAR 845-025-1115.
(5) If the information in the transfer request is verified by the Authority and the Commission approves a license application under ORS 475B.090, the Commission must notify the applicant of the amount and type of marijuana items permitted to be transferred.
(a) The Commission may not permit the transfer of a marijuana cannabinoid product, concentrate or extract packaged for ultimate sale to the consumer that exceeds the concentration limits established for retail adult use under OAR 333-007-0210 unless the licensee has been registered to process medical grade cannabinoid concentrates, extracts or products.
(b) Prior to licensure the marijuana processing site must return any marijuana item that is the lawful property of a patient.
(c) Any marijuana items that have not been approved by the Commission for transfer or returned to a patient as described in section (5)(b) of this rule must be removed from the premises by the applicant prior to the initial date of licensure and lawfully transferred or disposed of.
(6) Information regarding the usable marijuana, cannabinoid concentrates, extracts or products transferred must be recorded in CTS within ten calendar days of licensure.
(7) The licensee must notify the Commission once the usable marijuana, cannabinoid concentrates, extracts or products are entered into CTS and the Commission may inspect the premises to verify the information the licensee entered into CTS.
(8) Once the transfer of inventory under this section is complete the Commission must notify the Authority that the marijuana processing site is now a licensed premises and that the licensed premises may not be registered as a marijuana processing site address under ORS 475B.435.
(9) The Commission may deny a transfer request if:
(a) It cannot verify the information in the request or the applicant submitted incomplete information to the Commission; or
(b) The processor has not been granted an endorsement for the type of marijuana item requested for transfer.
(10) Any usable marijuana, cannabinoid concentrates, extracts or products transferred from a medical marijuana processing site to the licensed premises under this rule must be:
(a) Tested in accordance with OAR 845-025-5700 before being used or transferred; and
(b) Labeled and packaged in accordance with OAR 845-025-7000 to 845-025-7060 before being transferred to another licensee.
Stat. Auth.: ORS 475B.025
Stats. Implemented: 2016 OL Ch. 24, Sec. 25

Marijuana Retailers - Oregon Liquor Control Commission

Effective September 20, 2016

OREGON LIQUOR CONTROL COMMISSION
DIVISION 25
RECREATIONAL MARIJUANA

MARIJUANA RETAILERS

Source: Oregon.gov

845-025-2800
Retailer Privileges; Prohibitions
(1) A retailer is the only licensee that is authorized to sell a marijuana item to a consumer.
(2) A retailer may:
(a) Between the hours of 7:00 AM and 10:00 PM local time, sell marijuana items from the licensed premises to a consumer 21 years of age or older;
(b) Sell and deliver:
(A) Marijuana items to a consumer 21 years of age or older pursuant to a bona fide order as described in OAR 845-025-2880.
(B) Marijuana waste to a producer, processor, wholesaler, or research certificate holder.
(C) Return marijuana items to a producer, processor or wholesaler who transferred the item to the retailer.
(c) Purchase and receive:
(A) Usable marijuana, immature marijuana plants, and seeds from a producer or research certificate holder;
(B) Cannabinoid concentrates, extracts, and products from a processor with an endorsement to manufacture the type of product received or a research certificate holder;
(C) Any marijuana item from a wholesaler;
(D) Any marijuana item from a laboratory; and
(d) Refuse to sell marijuana items to a consumer; and
(e) 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.
(3) A retailer may not:
(a) Sell more than the following amounts to a consumer at any one time or within one day:
(A) One ounce of usable marijuana;
(B) 16 ounces of a cannabinoid product in solid form;
(C) 72 ounces of a cannabinoid product in liquid form;
(D) Five grams of cannabinoid extracts or concentrates, whether sold alone or contained in an inhalant delivery system;
(E) Four immature marijuana plants; and

(F) Ten marijuana seeds.
(b) Provide free marijuana items to a consumer.
(c) Sell or give away pressurized containers of butane or other materials that could be used in the home production of marijuana extracts.
(d) Discount a marijuana item if the retail sale of the marijuana is made in conjunction with the retail sale of any other items, including other marijuana items.
(e) Sell a marijuana item at a nominal price for promotional purposes.
(f) Permit consumers to be present on the licensed premises or sell to a consumer between the hours of 10:00 p.m. and 7:00 a.m. local time the following day.
(g) Sell any product derived from industrial hemp, as that is defined in ORS 571.300, that is intended for human consumption, ingestion, or inhalation, unless it has been tested, labeled and packaged in accordance with the applicable sections of these rules.
(h) Permit a licensed representative to handle an unpackaged marijuana item without the use of protective gloves, tools or instruments that prevent the marijuana item from coming into contact with the license representative’s skin.
(i) Sell, transfer, deliver, purchase, or receive any marijuana item other than as provided in section (2) of this rule.
Stat. Auth.: ORS 475B.025, 475B.110
Stats. Implemented: ORS 475B.025, 475B.110, Section 12 & 65 Chapter 24, Oregon Laws 2016
845-025-2820
Retailer Operational Requirements
(1) Prior to completing the sale of a marijuana item to a consumer, a retailer must verify that the consumer has a valid, unexpired government-issued photo identification and must verify that the consumer is 21 years of age or older by viewing the consumer’s:
(a) Passport;
(b) Driver license, whether issued in this state or by any other state, as long as the license has a picture of the person;
(c) Identification card issued under ORS 807.400;
(d) United States military identification card; or
(e) Any other identification card issued by a state that bears a picture of the person, the name of the person, the person’s date of birth and a physical description of the person.
(2) Marijuana items offered for sale by a retailer must be stored in such a manner that the items are only accessible to authorized representatives until such time as the final sale to the consumer is completed.
Stat. Auth.: ORS 475B.025 & 475B.110
Stats. Implemented: ORS 475B.035
845-025-2840
Retailer Premises
(1) The licensed premises of a retailer:
(a) May not be located in an area that is zoned exclusively for residential use.

(b) Except as provided in Oregon Laws 2016, chapter 83, section 29b, may not be located within 1,000 feet of:
(A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
(B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030.
(c) Must be enclosed on all sides by permanent walls and doors.
(2) A retailer must post in a prominent place signs at every:
(a) Point of sale that read:
(A) “No Minors Permitted Anywhere on the Premises”; and
(B) “No On-Site Consumption”.
(b) Exit from the licensed premises that reads: “Marijuana or Marijuana Infused Products May Not Be Consumed In Public”.
(3) A retailer must designate a consumer sales area on the licensed premises where consumers are permitted. The area shall include the portion of the premises where marijuana items are displayed for sale to the consumer and sold and may include other contiguous areas such as a lobby or a restroom. The consumer sales area is the sole area of the licensed premises where consumers are permitted.
(4) All inventory must be stored on the licensed premises.
(5) For purposes of determining the distance between a retailer and a school referenced in subsection (1)(b) of this rule, "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising a school to the closest point of the licensed premises of a retailer. If any portion of the licensed premises is within 1,000 feet of a school as described subsection (1)(b) of this rule an applicant will not be licensed.
Stat. Auth.: ORS 475B.025 & 475B.110
Stats. Implemented: ORS 475B.110, 475B.160 & Section 29b, Chapter 83, Oregon Laws 2016
845-025-2860
Consumer Health and Safety Information
A retailer must:
(1) Post at a conspicuous location the following posters prescribed by the Commission, measuring 22 inches high by 17 inches wide that can be downloaded at www.oregon.gov/olcc/marijuana:
(a) A Pregnancy Warning Poster; and
(b) A Poisoning Prevention Poster.
(2) Post at a conspicuous location a color copy of the "Educate Before You Recreate" flyer measuring 22 inches high by 17 inches wide that can be downloaded at WHATSLEGALOREGON.COM.
(3) Distribute to each individual at the time of sale, a Marijuana Information Card, prescribed by the Commission, measuring 3.5 inches high by 5 inches long that can be downloaded at www.oregon.gov/olcc/marijuana.
Stat. Auth.: ORS 475B.025 & 475B.110

Stats. Implemented: ORS 475B.025 & 475B.110
845-025-2880
Delivery of Marijuana Items by Retailer
(1) A marijuana retailer may deliver a marijuana item to a residence in Oregon subject to compliance with this rule. For purposes of this rule, “residence” means a dwelling such as a house or apartment but does not include a dormitory, hotel, motel, bed and breakfast or similar commercial business.
(2) Delivery Approval Process.
(a) The retailer must request approval from the Commission prior to undertaking delivery service of marijuana items, on a form prescribed by the Commission that includes a statement that the retailer:
(A) Understands and will follow the requirements for delivery listed in this rule; and
(B) Has taken steps to ensure the personal safety of delivery personnel, including providing any necessary training.
(b) The retailer must receive written approval from the Commission prior to making any deliveries.
(c) The Commission may refuse to review any request for approval that is not complete and accompanied by the documents or disclosures required by the form.
(d) If the Commission denies approval the Commission shall give a retailer the opportunity to be heard.
(e) The Commission may withdraw approval for delivery service at any time if the Commission finds that the retailer is not complying with this rule, the personal safety of delivery personnel is at risk, the retailer’s delivery service has been the target of theft, or the delivery service is creating a public safety risk.
(3) Bona Fide Orders.
(a) A bona fide order must be received by an approved retailer from the individual requesting delivery, before 8:00 p.m. on the day the delivery is requested.
(b) The bona fide order must contain:
(A) The individual requestor’s name, date of birth, the date delivery is requested and the address of the residence where the individual would like the items delivered;
(B) A document that describes the marijuana items proposed for delivery and the amounts; and
(C) A statement that the marijuana is for personal use and not for the purpose of resale.
(4) Delivery Requirements.
(a) Deliveries must be made before 9:00 p.m. local time and may not be made between the hours of 9:00 p.m. and 8:00 a.m. local time.
(b) The marijuana retailer may only deliver in a motor vehicle to the individual who placed the bona fide order and only to individuals who are 21 years of age or older.
(c) At the time of delivery the individual performing delivery must check the identification of the individual to whom delivery is being made in order to determine that it is the same individual who submitted the bona fide order, that the individual is 21 years of age or older, and must require the individual to sign a document indicating that the items were received.

(d) A marijuana retailer may not deliver a marijuana item to an individual who is visibly intoxicated at the time of delivery.
(e) Deliveries may not be made more than once per day to the same physical address or to the same individual.
(f) Marijuana items delivered to an individual’s residence must:
(A) Comply with the packaging rules in OAR 845-025-7000 to 845-025-7060; and
(B) Be placed in a larger delivery receptacle that has a label that reads: “Contains marijuana: Signature of person 21 years of age or older required for delivery”.
(g) A retailer may not carry or transport at any one time more than a total of $3000 in retail value worth of marijuana items designated for retail delivery.
(h) All marijuana items must be kept in a lock-box securely affixed inside the delivery motor vehicle.
(i) A manifest must be created for each delivery or series of deliveries and the individual doing the delivery may not make any unnecessary stops between deliveries or deviate substantially from the manifest route.
(5) Documentation Requirements. A marijuana retailer must document the following regarding deliveries:
(a) The bona fide order and the date and time it was received by the retailer;
(b) The date and time the marijuana items were delivered;
(c) A description of the marijuana items that were delivered, including the weight or volume and price paid by the consumer;
(d) Who delivered the marijuana items; and
(e) The name of the individual to whom the delivery was made and the delivery address.
(6) A retailer is only required to maintain the name of an individual to whom a delivery was made for one year.
(7) Prohibitions.
(a) A retailer may deliver marijuana items only to a location within:
(A) The city in which the licensee is licensed, if a licensee is located within a city; or
(B) Unincorporated areas of the county in which the licensee is licensed, if a licensee is located in an unincorporated city or area within the county.
(b) A retailer may not deliver marijuana items to a residence located on publicly-owned land.
(8) Sanction. A violation of any section of this rule that is not otherwise specified in OAR 845-025-8590 is a Category III violation.
Stat. Auth.: ORS 475B.025, 475B.110 & 475B.160
Stats. Implemented: ORS 475B.160
845-025-2890
Collection of Taxes
(1) A retailer must collect, at the point of sale, the tax imposed on the consumer under ORS 475B.705 and remit the tax to the Oregon Department of Revenue in accordance with Department of Revenue rules.
(2) A violation of this rule is a Category III violation.
(3) An intentional violation of this rule is a Category I violation.
Stat. Auth.: ORS 475B.025 & 475B.160

Stats. Implemented: ORS 475B.025 & 475B.160

Recreational Marijuana Producers - Oregon Liquor Control Commission

Effective September 20, 2016

OREGON LIQUOR CONTROL COMMISSION
DIVISION 25
RECREATIONAL MARIJUANA

RECREATIONAL MARIJUANA PRODUCERS

Source: Oregon.gov

845-025-2000
Definitions

As used in OAR 845-025-2000 to 845-025-2080:
(1) “Canopy” means the surface area utilized to produce mature marijuana plants calculated in square feet and measured using the outside boundaries of any area that includes mature marijuana plants including all of the space within the boundaries.
(2) “Indoor production” means producing marijuana in any manner:
(a) Utilizing artificial lighting on mature marijuana plants; or
(b) Other than “outdoor production” as that is defined in this rule.
(3) “Outdoor production” means producing marijuana:
(a) In an expanse of open or cleared ground; or
(b) In a greenhouse, hoop house or similar non-rigid structure that does not utilize any artificial lighting on mature marijuana plants, including but not limited to electrical lighting sources.
Stat. Auth.: ORS 475B.025, 475B.070 & 475B.075
Stats. Implemented: ORS 475B.025, 475B.070 & 475B.075
845-025-2020
Producer Privileges; Prohibitions
(1) A producer may:
(a) Plant, cultivate, grow, harvest and dry marijuana in the manner approved by the Commission and consistent with ORS 475B and these rules;
(b) Engage in indoor or outdoor production of marijuana, or a combination of the two;
(c) Sell or transport:
(A) Usable marijuana to the licensed premises of a marijuana processor, wholesaler, retailer, laboratory, non-profit dispensary, or research certificate holder;
(B) Whole, non-living marijuana plants that have been entirely removed from any growing medium to the licensed premises of a marijuana processor, wholesaler, non-profit dispensary or research certificate holder;
(C) Immature marijuana plants and seeds to the licensed premises of a marijuana producer, wholesaler, retailer or research certificate holder;
(D) Marijuana waste to a producer, processor, wholesaler, or research certificate holder.
(d) Purchase and receive:
(A) Immature marijuana plants and seeds from a producer, wholesaler, or research certificate holder; and
(B) Marijuana waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder.
(C) Usable marijuana produced by the licensee that has been stored by a wholesaler on the producer’s behalf.
(e) 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 producer may not sell, deliver, purchase, or receive any marijuana item other than as provided in section (1) of this rule.
(3) No industrial hemp may be present on a producer’s licensed premises. Violation of this section is a Category I violation.
Stat. Auth.: ORS 475B.025, 475B.070 & 475B.075

Stats. Implemented: ORS 475B.025, 475B.070, 475B.075, Section 24, Chapter 23, Oregon Laws 2016 & Sections 12 & 65, Chapter 24, Oregon Laws 2016
845-025-2030
Licensed Premises of Producer
(1) The licensed premises of a producer includes all public and private areas used in the business operated at the location(2) A producer may not engage in any privileges of the license within a residence.
Stat. Auth.: ORS 475B.025, 475B.070
Stats. Implemented: ORS 475B.070, 475B.080 & Section 63, Chapter 24, Oregon Laws 2016
845-025-2040
Production Size Limitations
(1) Maximum Canopy Size Limits.
(a) Indoor Production.
(A) Micro tier I: Up to 625 square feet
(B) Micro tier II: 626 to 1250 square feet.
(C) Tier I: 1251 to 5000 square feet.
(D) Tier II: 5,001 to 10,000 square feet.
(b) Outdoor production.
(A) Micro tier I: Up to 2,500 square feet.
(B) Micro tier II: 2501 to 5000 square feet.
(C) Tier 1: 5001 to 20,000 square feet.
(D) Tier II: 20,001 to 40,000 square feet.
(c) Mixed production. If a producer intends to have a mixture of indoor and outdoor production the Commission will determine the producer’s tiers and canopy sizes by applying the ratio in section (4) of this rule.
(d) For purposes of this section, square footage of canopy space is measured horizontally starting from the outermost point of the furthest mature flowering plant in a designated growing space and continuing around the outside of all mature flowering plants located within the designated growing space.
(e) A producer may designate multiple grow canopy areas at a licensed premises but those spaces must be separated by a physical boundary such as an interior wall or by at least 10 feet of open space.
(f) If a local government adopts an ordinance that would permit a producer to have a higher canopy size limit than is permitted under this rule, the local government may petition the Commission for an increase in canopy size limits for that jurisdiction. If the Commission grants such a petition, the Commission may amend this rule in addition to considering changes to the license fee schedule.
(g) On an annual basis, the Commission will evaluate market demand for marijuana items, the number of person applying for producer licenses or licensed as producers and whether the availability of marijuana items in this state is commensurate with the
 market demand. Following this evaluation the Commission may amend this rule as needed.
(2) Canopy Size Limit – Designation and Increases.
(a) A producer must clearly identify designated canopy areas and proposed canopy size in the initial license application. A producer may change a designated canopy area within a production type at any time with prior written approval from the Commission, but a producer may only change canopy tiers at the time of renewal in accordance with section (2)(b) or section (3)(a) of this rule.
(b) A producer may submit a request to change canopy tiers at the time the producer submits an application for renewal of the license. The Commission will grant approval of the request to increase the canopy tier for the producer’s next licensure term if:
(A) The producer’s renewal application is otherwise complete;
(B) There are no bases to deny or reject the producer’s renewal application;
(C) The producer has not already reached the applicable maximum canopy size set forth in section (2) of this rule; and
(D) During the preceding year of licensure, the producer has not been found to be in violation, and does not have any pending allegations of violations of ORS 475B or these rules.
(c) The Commission shall give a producer an opportunity to be heard if a request is rejected under this section.
(3) Mixed cultivation methods.
(a) A producer may produce marijuana indoors and outdoors at the same time on the same licensed premises. The Commission must be notified of a producer’s plan to engage in the indoor and outdoor production of marijuana at the time of initial licensure or at renewal, and not at any other time. A producer who utilizes mixed production may only change designated canopy areas from one production type to another at the time the producer submits a renewal application.
(b) The Commission must approve the canopy size applicable to each method.
(c) The Commission will use a 4:1 ratio, for outdoor and indoor respectively, to allocate canopy size limits under this section, not to exceed the sum canopy size limits set forth in section (1) of this rule. For example, if a Tier II producer in the first year of licensure has 5,000 square feet of indoor canopy space, then the producer may have up to 20,000 square feet of outdoor canopy space at the same time.
(4) Violations. An intentional violation of this rule is a Category I violation and may result in license revocation. All other violations are Category III violations.
Stat. Auth.: ORS 475B.025, 475B.070 & 475B.075
Stats. Implemented: ORS 475B.075
845-025-2050
Operating Procedures
(1) A producer must:
(a) Establish written standard operating procedures for the production of marijuana. The standard operating procedures must, at a minimum, include when, and the manner in which, all pesticide and or other chemicals are to be applied during the production process; and

(b) Maintain a copy of all standard operating procedures on the licensed premises.
(2) If a producer makes a material change to its standard operating procedures it must document the change and revise its standard operating procedures accordingly. Records detailing the material change must be maintained on the licensed premises by the producer.
Stat. Auth.: ORS 475B.025 & 475B.070
Stats. Implemented: ORS 475B.070
845-025-2060
Start-up Inventory
(1) Marijuana producers may not receive immature marijuana plants or seeds from any source other than from another licensee, except:
(a) Between January 1, 2016 and December 31, 2017 a marijuana producer may receive immature marijuana plants and seeds from any source within Oregon for up to 90 days following initial licensure by the Commission.
(b) Pursuant to the transfer of medical marijuana inventory under OAR 845-025-2100.
(2) The marijuana producer shall, through CTS, report receipt of the number of immature marijuana plants or seeds received under this section within 24 hours of the plants or seeds arriving at the licensed premises. A producer does not have to document the source of the immature plants or seeds during the 90 day start-up period.
(3) The requirements in section (2) of this rule do not apply during the first ten calendar days of licensure so long as the licensee has ordered UID tags and the UID tags are in transit to the licensee.
(4) Failure to comply with this rule is a Category I violation and could result in license revocation.
Stat. Auth.: ORS 475B.025 & 475B.070
Stats. Implemented: ORS 475B.023, 475B.070, Section 25, Chapter 24, Oregon Laws 2016
845-025-2070
Pesticides, Fertilizers and Agricultural Chemicals
(1) Pesticides. A producer may only use pesticides in accordance with ORS chapter 634 and OAR 603, Division 57.
(2) Fertilizers, Soil Amendments, Growing Media. A producer may only use fertilizer, agricultural amendments, agricultural minerals and lime products in accordance with ORS chapter 633.
(3) A producer 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.
(4) In addition to other records required by these rules, a producer must maintain, at all times and on the licensed premises:
(a) The material safety data sheet (MSDS) for all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana;

(b) The original label or a copy thereof for all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana; and
(c) A log of all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana. The log must include:
(A) The information required to be documented by a pesticide operator in ORS 634.146; and
(B) The unique identification tag number of the cultivation batch or individual mature marijuana plant to which the product was applied, or if applied to all plants on the licensed premises a statement to that affect.
(5) A producer may maintain the records required under this rule in electronic or written form. If electronic, a producer shall maintain a backup system or sufficient data storage so that records are retained for no less than two years after harvest of any marijuana on which documented products were used. If written, a producer shall ensure that the records are legible and complete, shall keep them in a safe and secure location, and shall retain the records for no less than two years after harvest of any marijuana on which documented products were used.
(6) A producer must make the records required under this rule immediately available during an premises inspection by a Commission regulatory specialist. If the Commission requests copies of the records at any time other than during a premises inspection, a producer shall produce the records upon request.
(7) A violation of sections (1) to (4) of this rule is a Category 1 violation and could result in license revocation.
(8) A failure to keep complete records as required by this rule is a Category III violation. A failure to keep records on the licensed premises, or failure to timely produce records, is a Category III violation.
Stat. Auth.: ORS 475B.025 & 475B.070
Stats. Implemented: ORS 475B.070 & 475B.160
845-025-2080
Harvest Lot Segregation
(1) A producer must, within 45 days of harvesting a harvest lot, physically segregate the harvest lot from other harvest lots, place the harvest lot in a receptacle or multiple receptacles and assign a UID tag to each receptacle that is linked to each plant that was harvested.
(2) Except as allowed under OAR 333-007-0300 to 333-007-0490 for purposes of sampling, or when providing usable marijuana to a processor a producer may not combine harvest lots that are of a different strain, were produced using different growing practices or harvested at a different locations or at different times.
Stat. Auth.: ORS 475B.025 & 475B.070
Stats. Implemented: ORS 475B.070 & 475B.150
845-025-2100
Transfer of Medical Marijuana Grower Inventory

(1) An individual applicant listed on an application for a producer license under ORS 475B.070 that is also a PRMG may submit a transfer request to the Commission, on a form prescribed by the Commission, to transition a medical marijuana grow site from being registered with the Authority to being licensed by the Commission. The request must include, at a minimum, the following information:
(a) The names, contact information, and Authority issued registry identification number for each PRMG currently registered at the grow site address that is the proposed premises to be licensed;
(b) The number of patients each PRMG is producing marijuana for at the grow site address that is the proposed premises to be licensed.
(c) Copies of all personal agreements entered into under ORS 475B.425 that specify whether a patient has authorized the transfer of marijuana plants or usable marijuana to the Commission license and if so, how much may be transferred.
(d) An authorization that permits the Authority to disclose to the Commission the PRMG’s registration information.
(2) Upon receipt of a request under section (1) of this rule the Commission must verify with the Authority:
(a) The registration status of each PRMG identified in the transfer request;
(b) The number of PRMGs registered at the grow site address that is the proposed premises to be licensed; and
(c) The number of patients each PRMG is producing marijuana for at that grow site address.
(3) The Commission will deny a transfer request if an applicant has not complied with this rule or if a license is denied under OAR 845-025-1115.
(4) If the information in the transfer request is verified by the Authority and the Commission approves a license application under ORS 475B.070, the Commission must notify the applicant of the number of seeds, marijuana plants and usable marijuana permitted to be transferred. Information regarding the seeds, marijuana plants and usable marijuana transferred must be recorded in CTS within ten calendar days of licensure.
(a) The number of marijuana plants and amount of usable marijuana that is permitted to be transferred will be based on the number of patients whose registration status has been verified by the Authority in accordance with section (2) of this rule and who have authorized the transfer of marijuana items to the Commission license.
(b) There is no limit on seeds or immature plants that may be transferred to the Commission license, subject to subsection (a) of this section.
(c) No more than six mature plants per patient may be transferred to the Commission license, subject to subsection (a) of this section.
(c) No more than 24 ounces of usable marijuana per patient may be transferred to the Commission license, subject to subsection (a) of this section.
(d) Any seeds, marijuana plants or usable marijuana that exceed the amount permitted by the Commission to be transferred must be removed from the premises by the applicant prior to the initial date of licensure and lawfully transferred or disposed of.
(5) The licensee must notify the Commission once the marijuana plants and usable marijuana are entered into CTS and the Commission may inspect the premises to verify the information the licensee entered into CTS.

(6) Once the transfer of inventory under this section is complete the Commission must notify the Authority that the grow site address is now a licensed premises and that the licensed premises may not be registered as a grow site address under ORS 475B.420.
(7) The Commission may deny a transfer request if it cannot verify the information in the request or if the applicant submits incomplete information to the Commission.
(8) Any usable marijuana transferred from a medical marijuana grow site to the licensed premises under this rule must be tested, labeled and packaged, in accordance with OAR 845-025-7000 to 845-025-7060 and 845-025-5700 as applicable, before transferring the usable marijuana to another licensee.
Stat. Auth.: ORS 475B.025 & 475B.070
Stats. Implemented: Section 25, Chapter 24, Oregon Laws 2016

Health And Safety - Oregon Liquor Control Commission

Effective September 20, 2016

OREGON LIQUOR CONTROL COMMISSION
DIVISION 25
RECREATIONAL MARIJUANA

HEALTH AND SAFETY

Source:  Oregon.gov

845-025-1600
State and Local Safety Inspections
(1) All marijuana licensees may be subject to inspection of licensed premises by state or local government officials to determine compliance with state or local health and safety laws.
(2) A licensee must contact any utility provider to ensure that the licensee complies with any local ordinance or utility requirements such as water use, discharge into the sewer system, or electrical use.
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
845-025-1620
General Sanitary Requirements
A marijuana licensee must:
(1) Prohibit an individual from working on a licensed premises, until the condition is corrected, who has or appears to have:
(a) An open or draining skin lesion unless the individual wears an absorbent dressing and protective gloves; or
(b) Any illness accompanied by diarrhea or vomiting if the individual has a reasonable possibility of contact with marijuana items on the licensed premises.
(2) Require all persons who work in direct contact with marijuana items conform to hygienic practices while on duty, including but not limited to:
(a) Maintaining adequate personal cleanliness; and
(b) Washing hands thoroughly in an adequate hand-washing area before starting work, prior to having contact with a marijuana item and at any other time when the hands may have become soiled or contaminated.
(3) Provide hand-washing facilities adequate and convenient, furnished with running water at a suitable temperature and provided with effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying device.
(4) Properly remove all litter and waste from the licensed premises and maintain the operating systems for waste disposal in an adequate manner so that they do not constitute a source of contamination in areas where marijuana items are exposed.
(5) Provide employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair.
(6) Hold marijuana items that can support pathogenic microorganism growth or toxic formation in a manner that prevents the growth of these pathogenic microorganism or formation toxins.
Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110
Stats. Implemented: ORS 475B.205

General Requirements Applicable To All Marijuana Licencees - Oregon Liquor Control Commission

Effective September 20, 2016

OREGON LIQUOR CONTROL COMMISSION
DIVISION 25
RECREATIONAL MARIJUANA
GENERAL REQUIREMENTS APPLICABLE TO ALL MARIJUANA LICENSEES

 

Source: Oregon.Gov

845-025-1000
Applicability

(1) A person may not produce, process, store, transport, sell, sample, test, or deliver
marijuana for commercial recreational use without a license from the Commission or as
otherwise authorized under these rules.
(2) Nothing in these rules exempts a licensee or licensee representative from complying
with any other applicable state or local laws.
(3) Licensure under these rules does not protect a person from possible criminal
prosecution under federal law.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.070, 475B.070, 475B.090, 475B.100, 475B.110,
475B.340, 475B.020 & 475B.560
845-025-1015
Definitions
For the purposes of OAR 845-025-1000 to 845-025-8590, unless otherwise specified,
the following definitions apply:
(1) "Adulterated" means to make a marijuana item impure by adding foreign or inferior
ingredients or substances. A marijuana item may be considered to be adulterated if:
(a) It bears or contains any poisonous or deleterious substance in a quantity rendering
the marijuana item injurious to health, including but not limited to tobacco or nicotine;
(b) It bears or contains any added poisonous or deleterious substance exceeding a safe
tolerance if such tolerance has been established;
(c) It consists in whole or in part of any filthy, putrid, or decomposed substance, or
otherwise is unfit for human consumption;
(d) It is processed, prepared, packaged, or is held under improper time-temperature
conditions or under other conditions increasing the probability of contamination with
excessive microorganisms or physical contaminants;
(e) It is processed, prepared, packaged, or held under insanitary conditions increasing
the probability of contamination or cross-contamination;
(f) It is held or packaged in containers composed, in whole or in part, of any poisonous
or deleterious substance rendering the contents potentially injurious to health;
(g) Any substance has been substituted wholly or in part therefor;
(h) Damage or inferiority has been concealed in any manner; or
(i) Any substance has been added thereto or mixed or packaged therewith so as to
increase its bulk or weight, or reduce its quality or strength, or make it appear better or
of greater value than it is.
(2)"Authority" means the Oregon Health Authority.

(3) "Business day" means Monday through Friday excluding legal holidays.
(4) “Cannabinoid” means any of the chemical compounds that are the active constituents of marijuana.
(5) “Cannabinoid concentrate” means a substance obtained by separating cannabinoids from marijuana by:
(a) A mechanical extraction process;
(b) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or
(c) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or
(6) “Cannabinoid edible” means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated.
(7) “Cannabinoid extract” means a substance obtained by separating cannabinoids from marijuana by:
(a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane;
(b) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or
(c) Any other process identified by the Commission, in consultation with the authority, by rule.
(8) Cannabinoid Product
(a) “Cannabinoid product” means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers.
(b) “Cannabinoid product” does not include:
(A) Usable marijuana by itself;
(B) A cannabinoid concentrate by itself;
(C) A cannabinoid extract by itself; or
(D) Industrial hemp, as defined in ORS 571.300.
(9) “Cannabis Tracking System” or “CTS” means the system for tracking the transfer of marijuana items and other information as authorized by ORS 475B.150.
(10) “Common Ownership” means any commonality between individuals or legal entities named as applicants or persons with a financial interest in a license or business proposed to be licensed.
(11) “Compliance transaction” means a single covert, on-site visit in which a Commission authorized representative poses as an authorized representative of a licensee or a consumer and attempts to purchase or purchases a marijuana item from a licensee, or attempts to sell or sells a marijuana item to a licensee.
(12) "Container" means a sealed, hard or soft-bodied receptacle in which a marijuana item is placed prior to being sold to a consumer.
(13) “Contractor” means a person, other than a license representative, who temporarily visits the licensed premises to perform a service, maintenance or repair.
(14)"Commission" means the Oregon Liquor Control Commission.
(15) “Commissioner” means a member of the Oregon Liquor Control Commission.

(16)"Consumer" means a person who purchases, acquires, owns, holds or uses marijuana items other than for the purpose of resale.
(17) “Date of Harvest” means the date the mature marijuana plants in a harvest lot were cut, picked or removed from the soil or other growing media. If the harvest occurred on more than one day, the “date of harvest” is the day the last mature marijuana plant in the harvest lot was cut, picked or removed from the soil or other growing media.
(18) “Designated primary caregiver” has the meaning given that term in ORS 475B.410.
(19) (a) “Financial consideration” means value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations.
(b) “Financial consideration” does not include marijuana, cannabinoid products or cannabinoid concentrates that are delivered within the scope of and in compliance with ORS 475B.245.
(20) “Financial interest” means having an interest in the business such that the performance of the business causes, or is capable of causing, an individual, or a legal entity with which the individual is affiliated, to benefit or suffer financially, and such interests include but are not limited to:
(a) Receiving, as an employee or agent, out-of-the-ordinary compensation, either in the form of overcompensation or under compensation;
(b) Lending money, real property or personal property to an applicant or licensee for use in the business at a commercially unreasonable rate;
(c) Giving money, real property or personal property to an applicant or licensee for use in the business; or
(d) Being the spouse or domestic partner of an applicant or licensee. For purposes of this subsection, “domestic partners” includes adults who qualify for a “domestic partnership” as defined under ORS 106.310.
(21)"Harvest lot" means a specifically identified quantity of marijuana that is uniform in strain, cultivated utilizing the same growing practices and harvested at the same time at the same location and cured under uniform conditions.
(22) "Immature marijuana plant" means a marijuana plant that is not flowering.
(23) “Intended for human consumption” means intended for a human to eat, drink, or otherwise put in the mouth but does not mean intended for human inhalation.
(24) “Invited guests” means family member and close associates of the licensee, not members of the general public.
(25) “Laboratory” means a laboratory certified by the Authority under ORS 438.605 to 438.620 and authorized to sample or test marijuana items for purposes specified in these rules.
(26) "Licensee" means any person who holds a license issued under ORS 475B.070, 475B.090, 475B.100, 475B.110, or 475B.560.
(27) “License holder” includes:
(a) Each applicant listed on an application that the Commission has approved;
(b) Each individual who meets the qualification described in OAR 845-025-1045 and who the Commission has added to the license under OAR 845-025-1030; or
(c) Each individual who has a financial interest in the licensed business and who the Commission has added to the license under OAR 845-025-1030.

(28) "Licensee representative" means an owner, director, officer, manager, employee,
agent, or other representative of a licensee, to the extent that the person acts in a
representative capacity.
(29) “Limited access area” means a building, room, or other contiguous area on a
licensed premises where a marijuana item is produced, processed, stored, weighed,
packaged, labeled, or sold, but does not include a point of sale area on a licensed
retailer premises.
(30) “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.
(31) “Marijuana flowers” means the flowers of the plant genus Cannabis within the plant
family Cannabaceae.
(32) “Marijuana items” means marijuana, cannabinoid products, cannabinoid
concentrates and cannabinoid extracts.
(33) “Marijuana leaves” means the leaves of the plant genus Cannabis within the plant
family Cannabaceae.
(34) "Marijuana processor" means a person who processes marijuana items in this
state.
(35) "Marijuana producer" means a person who produces marijuana in this state.
(36) "Marijuana retailer" means a person who sells marijuana items to a consumer in
this state.
(37) "Marijuana wholesaler" means a person who purchases marijuana items in this
state for resale to a person other than a consumer.
(38) "Mature marijuana plant" means a marijuana plant that is not an immature
marijuana plant.
(39) “Medical grade cannabinoid product, cannabinoid concentrate or cannabinoid
extract” means a cannabinoid product, cannabinoid concentrate or cannabinoid extract
that has a concentration of tetrahydrocannabinol that is permitted under ORS 475B.625
in a single serving of the cannabinoid product, cannabinoid concentrate or cannabinoid
extract for consumers who hold a valid registry identification card issued under ORS
475B.415.
(40) “Micro-Wholesaler” means a marijuana wholesaler licensed by the Commission
that only purchases or receives seeds, immature plants or usable marijuana from a
producer with a micro tier I or tier II canopy.
(41) “Minor” means any person under 21 years of age.
(42) “Non-Toxic” means not causing illness, disability or death to persons who are
exposed.
(43) “Non-profit Dispensary” means a medical marijuana dispensary registered under
ORS 475B.450 owned by a nonprofit corporation organized under ORS chapter 65.
(44) “ORELAP” means the Oregon Environmental Laboratory Accreditation Program
administered by the Authority pursuant to ORS 438.605 to 438.620.
(45) “Permittee” means any person who holds a Marijuana Workers Permit.
(46) "Person" has the meaning given that term in ORS 174.100.

(47) “Person responsible for a marijuana grow site” or “PRMG” has the meaning given that term in OAR 333-008-0010.
(48) “Premises" or "licensed premises" includes the following areas of a location licensed under section ORS 475B.070, ORS 475B.090, ORS 475B.100, ORS 475B.110 or ORS 475B.560:
(a) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms;
(b) All areas outside a building that the Commission has specifically licensed for the production, processing, wholesale sale or retail sale of marijuana items; and
(c) “Premises” or “licensed premises” does not include a primary residence.
(49) “Primary Residence” means real property inhabited for the majority of a calendar year by an owner, renter or tenant, including manufactured homes and vehicles used as domiciles.
(50) “Processes”
(a) “Processes” means the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts;
(b) "Processes" does not include packaging or labeling.
(51) "Process lot" means:
(a) Any amount of cannabinoid concentrate or extract of the same type and processed at the same time using the same extraction methods, standard operating procedures and batches from the same harvest lot; or
(b) Any amount of cannabinoid products of the same type and processed at the same time using the same ingredients, standard operating procedures and batches from the same harvest lot or process lots of cannabinoid concentrate or extract.
(52) “Producer” means a marijuana producer licensed by the Commission.
(53) “Produces”
(a) "Produces" means the manufacture, planting, cultivation, growing or harvesting of marijuana.
(b) "Produces" does not include:
(A) The drying of marijuana by a marijuana processor, if the marijuana processor is not otherwise producing marijuana; or
(B) The cultivation and growing of an immature marijuana plant by a marijuana processor, marijuana wholesaler or marijuana retailer if the marijuana processor, marijuana wholesaler or marijuana retailer purchased or otherwise received the plant from a licensed marijuana producer.
(54) “Propagate” means to grow immature marijuana plants or to breed or produce the seeds of the plant Cannabis family Cannabaceae.
(55) "Public place" means a place to which the general public has access and includes, but is not
limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and areas used in connection with public passenger transportation.
(56) “Regulatory specialist” means a full-time employee of the Commission who is authorized to act as an agent of the Commission in conducting inspections or investigations, making arrests and seizures, aiding in prosecutions for offenses, issuing Page 6 of 89
citations for violations and otherwise enforcing chapter 471, ORS 474.005 to 474.095, 474.115, 475B.010 to 475B.395, 475B.550 to 475B.590 and 475B.600 to 475B.655, Commission rules and any other statutes the Commission considers related to regulating liquor or marijuana.
(57) “Registry identification cardholder” or “patient” has the meaning given that term in ORS 475B.410. (58) “Retailer” means a marijuana retailer licensed by the Commission.
(59) "Safe" means:
(a) A metal receptacle with a locking mechanism capable of storing all marijuana items on a licensed premises that:
(A) Is rendered immobile by being securely anchored to a permanent structure of an enclosed area; or
(B) Weighs more than 750 pounds.
(b) A "vault"; or
(c) A refrigerator or freezer capable of being locked for storing marijuana items that require cold storage that:
(A) Is rendered immobile by being securely anchored to a permanent structure of an enclosed area; or
(B) Weighs more than 750 pounds.
(60) “Sampling laboratory” means a laboratory that only has an ORELAP accredited scope item for sampling under ORS 438.605 to 438.620 and is not accredited to perform cannabis testing.
(61) “Security plan” means a plan as described in OAR 845-025-1030(4)(f) that fully describes how an applicant will comply with applicable laws and rules regarding security.
(62)"Shipping Container" means any container or wrapping used solely for the transport of a marijuana items in bulk to a marijuana licensee as permitted in these rules.
(63) “These rules” means OAR 845-025-1000 to 845-025-8590.
(64) “UID” means unique identification.
(65)(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.
(66) "Vault" means an enclosed area or room that is constructed of steel-reinforced or block concrete and has a door that contains a multiple-position combination lock or the equivalent, a relocking device or equivalent, and a steel plate with a thickness of at least one-half inch.
(67) “Wholesaler” means a marijuana wholesaler licensed by the Commission.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.015 & 475B.025
845-025-1030
Application Process
(1) A person may submit an application to the Commission, on a form prescribed by the Commission, for a marijuana producer, processor, wholesaler, retail, or laboratory license.

(2) An application for a license and all documentation required in the application instructions and in section (4) of this rule must be submitted in a manner specified by the Commission. The application fee specified in OAR 845-025-1060 must also be paid in a manner specified by the Commission.
(3) An application must include the names and other required information for all individuals who are applicants as described in OAR 845-025-1045 and who are not applicants but who have a “financial interest” in the business, as defined in OAR 845-025-1015.
(4) Any individual or legal entity with a financial interest who holds or controls an interest of ten percent or greater in the business proposed to be licensed must be identified as an applicant and must submit the documents described in (5)(a)(A) and (B) of this rule.
(5) Applicants must submit the following:
(a) For all individual applicants, all general partners in a limited partnership, limited partners whose investment commitment is ten percent or more of the total investment commitment, all members in a limited liability company or partnership whose investment commitment or membership interest is ten percent or greater, all directors who own or control three percent or more of the voting stock, principal officers of corporate applicants, and all natural person stockholders owning or controlling ten percent or more of the voting stock of corporate entity
(A) Information or fingerprints for a criminal background check in accordance with OAR 845-025-1080;
(B) Any forms required by the Commission and any information identified in the form that is required to be submitted; and
(b) A map or sketch of the premises proposed for licensure, including the defined boundaries of the premises and the location of any primary residence located on the same lot or parcel as the licensed premises;
(c) A scaled floor or plot plan sketch of all enclosed areas with clear identification of walls, partitions, counters, windows, all areas of ingress and egress, and all limited access areas;
(d) Proof of right to occupy the premises proposed for licensure;
(e) An operating plan that demonstrates at a minimum, how the applicant’s proposed premises and business will comply with the applicable laws and rules regarding:
(A) Security;
(B) Employee qualifications and training;
(C) Transportation of product;
(D) Preventing minors from entering the licensed premises; and
(E) Preventing minors from obtaining or attempting to obtain marijuana items.
(f) For producers:
(A) The proposed canopy size and tier as described in OAR 845-025-2040 and a designation of the canopy area within the license premises.
(B) A report describing the applicant’s electricity and water usage, on a form prescribed by the Commission.
(i) For initial licensure and renewal, the report must describe the estimated electricity and water usage taking into account all portions of the premises and expected requirements of the operation for the next twelve months.

(ii) In addition to requirements of section (4)(f)(B)(i), for renewal, the report must describe the actual electricity and water usage for the previous year taking into account all portions of the premises.
(C) A description of the growing operation including growing media, a description of equipment to be used in the production, and whether production will be indoor, outdoor or both.
(D) Proof of a legal source of water as evidenced by:
(i) A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resources Department;
(ii) A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or
(iii) Proof from the Oregon Water Resources Department that the water to be used for production is from a source that does not require a water right.
(g) For processors:
(A) On a form prescribed by the Commission, the proposed endorsements as described in OAR 845-025-3210.
(B) A description of the type of products to be processed, a description of equipment to be used, including any solvents, gases, chemicals or other compounds used to create extracts or concentrates.
(5) In addition to submitting the application form and the items described in (4) of this rule the Commission may require the following to be submitted:
(a) For an individual identified as a person with a financial interest, who holds or controls an interest of less than ten percent in the business proposed to be licensed:
(A) Information or fingerprints for a criminal background check in accordance with OAR 845-025-1080;
(B) Any forms required by the Commission and any information identified in the form that is required to be submitted;
(b) For a legal entity that is identified as having a financial interest of less than ten percent of the business proposed to be licensed:
(A) Information or fingerprints for any individual within the legal entity for a criminal background check in accordance with OAR 845-025-1080;
(B) Any forms required by the Commission and any information identified in the form that is required to be submitted; and
(c) Any additional information if there is a reason to believe that the information is needed to determine the merits of the license application.
(6) The Commission must review an application to determine if it is complete. An application will be considered incomplete if an application form is not complete, the full application fee has not been paid, or some or all of the additional information required under sections (4) and (5) of this rule is not submitted.
(7) An applicant may submit a written request for reconsideration of a decision that an application is incomplete. Such a request must be received by the Commission within ten days of the date the incomplete notice was mailed to the applicant. The Commission shall give the applicants the opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS 183.310 to 183.550.

(8) If, prior to an application being acted upon by the Commission, there is a change with regard to who is an applicant or who is a person with a financial interest in the proposed business, the new applicant or person with a financial interest must submit a form, prescribed by the Commission, that:
(a) Identifies the individual or person;
(b) Describes the individual’s or person’s financial interest in the business proposed for licensure; and
(c) Includes any additional information required by the Commission, including but not limited to information and fingerprints required for a criminal background check.
(9) Failure to comply with subsection (6) of this rule may result in an application being denied.
Stat. Auth.: ORS 475B.025 & Sections 1, 17 & 18, Chapter 24, Oregon Laws 2016
Stats. Implemented: ORS 475B.040, 475B.045, 475B.060, 475B.070, 475B.090, 475B.100, 475B.110, 475B.560.
845-025-1045
Qualifications of an Applicant
(1) True name on application. An application for a license must specify the real and true names of all individuals and legal entities that have an ownership interest in the business proposed to be licensed by identifying all such persons and legal entities as applicants.
(2) License privileges. License privileges are available only to the applicants identified in the application and their authorized representatives and only for the premises designated on the license.
(3) Ownership interest. The Commission may refuse to issue a license if the applicant is not the owner of the business proposed to be licensed or an undisclosed ownership interest exists. For purposes of this rule, an “ownership interest” is indicated by the following behaviors, benefits or obligations:
(a) Any person or legal entity, other than an employee acting under the direction of the owner, that exercises control over, or is entitled to exercise control over, the business;
(b) Any person or legal entity, other than an employee acting under the direction of the owner, that incurs, or is entitled to incur, debt or similar obligations on behalf of the business;
(c) Any person or legal entity, other than an employee acting under the direction of the owner, that enters into, or is entitled to enter into, a contract or similar obligations on behalf of the business; or
(d) Any person or legal entity identified as the lessee of the premises proposed to be licensed.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.045, 475B.070, 475B.090, 475B.100, 475B.110, 475B.560 & Sections 1, 2, 3 & 4, Chapter 24, Oregon Laws 2016
845-025-1060
Fees

(1) At the time of initial license or certificate application an applicant must pay a $250 non-refundable application fee.
(2) If the Commission approves an application and grants an annual license, the following fees must be paid, prorated for an initial license that is issued for six months or less:
(a) Producers:
(A) Micro Tier I $1,000
(B) Micro Tier II $2,000
(C) Tier I $3,750
(D) Tier II $5,750
(b) Processors: $4,750
(c) Wholesalers: $4,750
(d) Micro Wholesalers: $1,000
(e) Retailers: $4,750
(f) Laboratories: $4,750
() Sampling Laboratory: $2,250
(3) If the Commission approves an application and grants a research certificate, the fee is $4,750 for a three-year term.
(4) At the time of license or certificate application renewal, an applicant must pay a $250 non-refundable application fee.
(5) If the Commission approves a renewal application the renewal license or certificate fees must be paid in the amounts specified in subsections (2) and (3) of this rule.
(6) If the Commission approves an initial or renewal application and grants a marijuana worker permit, the individual must pay a $100 permit fee.
(7) The Commission shall charge the following fees:
(a) Criminal background checks: $50 per individual listed on a license application (if the background check is not part of an initial or renewal application)
(b) Change of ownership review: $1000 per license
(c) Change in business structure review: $1000 per license
(d) Transfer of location of premises review: $1000 per license
(e) Packaging preapproval: $100
(f) Labeling preapproval: $100
(g) Change to previously approved package or label: $25
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.025, 475B.070, 475B.090, 475B.100, 475B.110, 475B.218, 475B.560, 475B.610 & 475B.620, & Sections 1, Chapter 24, Oregon Laws 2016
845-025-1070
Late Renewal Fees
(1) If the Commission receives a completed license or certificate renewal application less than 20 days before the date the existing license or certificate expires, the Commission will charge a late renewal fee of $150 for licenses and certificates.

(2) If the Commission receives a completed license or certificate renewal application within 30 days after the date the existing license or certificate expires, the Commission will charge a late renewal fee equal to $300 for licenses and certificates.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.025
845-025-1080
Criminal Background Checks
(1) If an individual is required by the Commission to undergo a criminal background check, the individual must provide to the Commission:
(a) A criminal background check request form, prescribed by the Commission that includes but is not limited to:
(A) First, middle and last name;
(B) Any aliases;
(C) Date of birth;
(D) Driver’s license information; and
(E) Address and recent residency information.
(b) Fingerprints in accordance with the instructions on the Commission’s webpage.
(2) The Commission may request that an applicant disclose his or her Social Security Number if notice is provided that:
(a) Indicates the disclosure of the Social Security Number is voluntary; and
(b) That the Commission requests the Social Security Number for the purpose of positively identifying the applicant during the criminal records check process.
(3) An applicant’s criminal history must be evaluated by the Commission in accordance with ORS 670.280 and 475B.050.
(4) The Commission may conduct a criminal background checks in accordance with this rule every year at the time of application renewal.
(5) Records concerning criminal background checks must be kept and handled by the Commission in accordance with ORS 181.534(15).
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.050
845-025-1090
Application Review
(1) Once the Commission has determined that an application is complete it must review the application to determine compliance with ORS Chapter 475B and these rules.
(2) The Commission:
(a) Must, prior to acting on an application, receive a land use compatibility statement from the city or county that authorizes land use in the city or county in which the applicant’s proposed premises is located.
(b) May, in its discretion, prior to acting on an application:
(A) Contact any applicant or individual with a financial interest and request additional documentation or information; and
(B) Verify any information submitted by the applicant.

(3) The requirements of section (2)(a) of this rule do not apply to applicants for a producer license if the applicant demonstrates in a form and manner specified by the Commission that:
(a) The applicant is applying for a license at an address where a marijuana grow site registered under ORS 475B.420 is located;
(b) The address is outside of city limits;
(c) At least one person responsible for a marijuana grow site located at the address first registered with the Authority under ORS 475B.420 before January 1, 2015;
(d) Each person responsible for a marijuana grow site located at the address first registered with the Authority under ORS 475B.420 before February 1, 2016; and
(e) The applicant is applying for a mature marijuana plant grow canopy of:
(A) 5,000 square feet or less, if the marijuana is produced outdoors; or
(B) 1,250 square feet or less, if the marijuana is produced indoors.
(4) The Commission must inspect the proposed premises prior to issuing a license.
(5) If during an inspection the Commission determines the applicant is not in compliance with these rules, the applicant will be provided with a notice of the failed inspection and the requirements that have not been met.
(a) An applicant that fails an inspection will have 15 calendar days from the date the notice was sent to submit a written response that demonstrates the deficiencies have been corrected.
(b) An applicant may request in writing one extension of the 15-day time limit in subsection (a) of this section, not to exceed 30 days.
(6) If an applicant does not submit a timely plan of correction or if the plan of correction does not correct the deficiencies in a manner that would bring the applicant into compliance, the Commission may deny the application.
(7) If the plan of correction appears, on its face, to correct the deficiencies, the Commission will schedule another inspection.
(8) If an applicant fails a second inspection, the Commission may deny the application unless the applicant shows good cause for the Commission to perform additional inspections.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.045, 475B.285, 475B.063 & Section 2, Chapter 23, Oregon Laws 2016
845-025-1100
Approval of Application and Issuance of License
(1) If, after the application review and inspection, the Commission determines that an applicant is in compliance with ORS 475B.025 to 475B.235 and these rules the Commission must notify the applicant in writing that the application has been approved and after payment by the applicant of the license fee, provide the applicant with proof of licensure that includes a unique license number, the effective date of the license, date of expiration, and a description of premises for which the license was issued. If the applicant paid the license fee with a check the Commission will not issue a license until it has confirmation that the check has cleared.
(2) A licensee:

(a) May not operate until on or after the effective date of the license.
(b) Must display proof of licensure in a prominent place on the premises.
(c) May not use the Commission name or logo on any signs at the premises, on the business’ website, or in any advertising or social media, except to the extent that information is contained on the proof of licensure.
(3) Licensure is only valid for the premises indicated on the license and is only issued to the individuals or entities listed on the application or subsequently approved by the Commission.
(4) A license may not be transferred except as provided in OAR 845-025-1160.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.055
845-025-1115
Denial of Application
(1) The Commission must deny an initial or renewal application if:
(a) An applicant is under the age of 21.(b) The applicant’s land use compatibility statement shows that the proposed land use is prohibited in the applicable zone, if a land use compatibility statement is required.
(c) The proposed licensed premises is located:
(A) On federal property.
(B) On reservation or tribal trust land of a federally recognized Indian tribe unless that tribe has entered into an agreement with the State of Oregon which allows licensing of recreational marijuana businesses.
(d) The proposed licensed premises of a producer is located on the same lot or parcel, as those terms are defined in ORS 92.010, as a site registered with Oregon Department of Agriculture for the production of industrial hemp, unless the applicant submits and the Commission approves a control plan describing how the registered site will be separated from the premises proposed to be licensed and how the applicant will prevent transfer of industrial hemp to the licensed premises.
(e) The proposed licensed premises of a processor who has applied for an endorsement to process extracts is located in an area that is zoned exclusively for residential use.
(f) The proposed licensed premises of a retail applicant is located:
(A) Except as provided in Oregon Laws 2016, chapter 83, section 29b, within 1,000 feet of:
(i) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
(ii) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030.
(B) In an area that is zoned exclusively for residential use.
(g) The proposed licensed premises of a wholesaler applicant is in an area zoned exclusively for residential use.
(h) A city or county has prohibited the license type for which the applicant is applying, in accordance with ORS 475B.800.

(2) The Commission may deny an initial or renewal application, unless the applicant shows good cause to overcome the denial criteria, if it has reasonable cause to believe that:
(a) The applicant:
(A) Is in the habit of using alcoholic beverages, habit-forming drugs, marijuana, or controlled substances to excess.
(B) Has made false statements to the Commission.
(C) Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed.
(D) Is not of good repute and moral character.
(E) Does not have a good record of compliance with ORS 475B.010 to 475B.395, or these rules, prior to or after licensure including but not limited to:
(i) The giving away of marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or skill, or competition of any kind, in violation of ORS 475B.275;
(ii) Providing marijuana items to an individual without checking that the individual is 21 or older;
(iii) Unlicensed transfer of marijuana items for financial consideration; or
(iv) Violations of local ordinances adopted under ORS 475B.340, pending or adjudicated by the local government that adopted the ordinance.
(F) Is not possessed of or has not demonstrated financial responsibility sufficient to adequately meet the requirements of the business proposed to be licensed.
(G) Is unable to understand the laws of this state relating to marijuana or these rules, including but not limited to ORS 475.300 to 475.346 and ORS 475B.550 to 475B.590. Inability to understand laws and rules of this state related to marijuana may be demonstrated by violations documented by the Oregon Health Authority.
(b) Any individual listed on the application has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license, except as specified in ORS 475B.045(3).
(c) Any applicant is not the legitimate owner of the business proposed to be licensed, or other persons have an ownership interest in the business have not been disclosed to the Commission.
(d) The business proposed to be licensed is located at the same physical location or address as a premises licensed under ORS Chapter 471 or as a retail liquor agent appointed by the Commission.
(e) The proposed licensed premises of a producer applicant is on the same lot or parcel, as those terms are defined in ORS 92.010, as another producer licensee under common ownership.
(f) The proposed licensed premises of a producer applicant is on the same lot or parcel, as those terms are defined in ORS 92.010, as another producer licensee under diverse ownership if the Commission reasonably believes that the presence of multiple producers on the same lot or parcel creates a compliance risk or other risk to public health and safety.
(3) The Commission may refuse to issue a license to any license applicant or refuse to renew the license of any licensee when conditions exist in relation to any person having a financial interest in the business or in the place of business which would constitute grounds for refusing to issue a license or for revocation or suspension of a license if such person were the license applicant or licensee.
(4) The Commission may deny any initial or renewal application and may revoke any license if medical marijuana items are produced, processed, stored, sold or transported, to or from the same address or location of licensed business or business proposed to be licensed.
(a) The Commission will not deny an initial application under this subsection if:
(A)The applicant surrenders any registration issued by the Authority for the address or location of the business proposed to be licensed;
(B) If applicable, the applicant notifies all other growers registered by the Authority at the location or address proposed to be licensed, in a form and manner prescribed by the Commission, that the grower is no longer permitted to produce medical marijuana at the address or location proposed to be licensed and must surrender his or her registration at that address or location; and
(C) All medical marijuana activity at the location or address proposed to be licensed ceases prior to being issued an OLCC license.
(5) If the Commission denies an application because an applicant submitted false or misleading information to the Commission, the Commission may prohibit the applicant from re-applying for five years.
(6) A notice of denial must be issued in accordance with ORS 183.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.040, 475B.045, 475B.063, 475B.070, 475B.090, 475B.100, 475B.110, 475B.560, 475B.800, Section 1, Chapter 24, Oregon Laws 2016 & Section 29b, Chapter 83, Oregon Laws 2016
845-025-1130
Withdrawal of Application
An applicant may withdraw an initial or renewal application at any time prior to the Commission acting on the application unless the Commission has determined that the applicant submitted false or misleading information in which case the Commission may refuse to accept the withdrawal and may issue a notice of proposed denial in accordance with OAR 845-025-1115.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.045
845-025-1145
Communication With Commission
(1) If an applicant or licensee is required to or elects to submit anything in writing to the Commission, unless otherwise prescribed by the Commission, the applicant or licensee may submit the writing to the Commission via:
(a) Mail;
(b) In-person delivery;
(c) Facsimile; or

(d) E-mail.
(2) If a written notification must be submitted by a particular deadline it must be received, regardless of the method used to submit the writing, by 5:00 p.m. Pacific Time.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.025
845-025-1160
Notification of Changes
(1) An applicant or licensee must notify the Commission in writing within 10 calendar days of any of the following:
(a) A change in any contact information for anyone listed in an application or subsequently identified as an applicant or an individual with a financial interest;
(b) The arrest or conviction for any misdemeanor or felony of an individual listed in an application or subsequently identified as an applicant, licensee or individual with a financial interest;
(c) A disciplinary proceeding or licensing enforcement action by another governmental entity that may affect the licensee’s business;
(d) The filing of bankruptcy;
(e) The closure of bank accounts or credit cards by a financial institution;
(f) The temporary closure of the business for longer than 30 days; or
(g) The permanent closure of the business.
(2) An applicant or licensee must notify the Commission in a manner prescribed by the Commission within 24 hours of the arrest or conviction for any misdemeanor or felony of an individual listed in an application or subsequently identified as an applicant, licensee or individual with a financial interest.
(3) A licensee must notify the Commission as soon as reasonably practical and in no case more than 24 hours from the theft of marijuana items or money from the licensed premises.
(4) Changes in Financial Interest or Business Structure. A licensee that proposes to change its corporate structure, ownership structure or change who has a financial interest in the business must submit a form prescribed by the Commission, and any information identified in the form to be submitted, to the Commission, prior to making such a change.
(a) The Commission must review the form and other information submitted under subsection (1) of this rule, and will approve the change if the change would not result in an initial or renewal application denial under OAR 845-025-1115, or serve as the basis of a license suspension or revocation.
(b) If the Commission denies the change but the licensee proceeds with the change the licensee must surrender the license or the Commission will propose to suspend or revoke the license.
(c) The Commission will not accept a form for a change in corporate structure or financial interest if the license is expiring in less than 90 days, the licensee is under investigation by the Commission, or has been issued a Notice by the Commission following an alleged violation and the alleged violation has not been resolved.

(d) If a licensee has a change in ownership that is 51% or greater, a new application must be submitted in accordance with OAR 845-025-1030.
(5) Change of Location.
(a) A licensee who wishes to change the location of the licensed premises must submit a completed application for the new premises including all required forms and documents and the fee specified in OAR 845-025-1060, but does not need to submit information and fingerprints required for a criminal background check if there are no changes to the individuals listed on the initial application.
(b) The Commission must approve any change of location prior to licensee beginning business operations in the new location.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.055 & 475B.045
845-025-1175
Changing, Altering, or Modifying Licensed Premises
(1) A licensee may not make any physical changes to the licensed premises that materially or substantially alter the licensed premises or the usage of the licensed premises from the plans originally approved by the Commission without the Commission’s prior written approval.
(2) A licensee who intends to make any material or substantial changes to the licensed premises must submit a form prescribed by the Commission, and submit any information identified in the form to be submitted, to the Commission, prior to making any such changes.
(3) The Commission must review the form and other information submitted under subsection (2) of this rule, and will approve the changes if the changes would not result in an initial or renewal application denial under OAR 845-025-1115.
(4) If the Commission denies the change the licensee must not make the proposed changes. If the licensee makes the proposed changes, the licensee must surrender the license or the Commission will propose to suspend or revoke the license.
(5) For purposes of this rule a material or substantial change requiring approval includes, but is not limited to:
(a) Any increase or decrease in the total physical size or capacity of the licensed premises;
(b) The sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of public ingress or egress, when such common entryway, doorway or passage alters or changes limited access areas, such as the areas in which cultivation, harvesting, processing, or sale of marijuana items occurs within the licensed premises; or
(c) Any physical change that would require the installation of additional video surveillance cameras or a change in the security system.
(d) Any addition or change of location of a primary residence located on the same tax lot or parcel as a licensed premises.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.070, 475B.090, 475B.100, 475B.110 & 475B.560

845-025-1190
License Renewal
(1) Renewal Applications:
(a) Any licensee who files a completed renewal application with the Commission at least 20 days before the date the license expires may continue to operate as if the license were renewed, pending a decision by the Commission;
(b) Any licensee who does not file a completed renewal application at least 20 days before the existing license expires must stop engaging in any licensed activity when the license expires. However:
(A) If the Commission receives a completed license renewal application less than 20 days before the date the existing license expires, the Commission will, upon receipt of the appropriate late renewal fee in OAR 845-025-1070, issue a letter of authority to operate beyond the expiration of the license, pending a decision by the Commission;
(B) A licensee must not engage in any licensed activity after the license expires. If the Commission receives a completed license renewal application within 30 days after the date the existing license expires, the Commission will, upon receipt of the appropriate late renewal fee in OAR 845-025-1070, issue a letter of authority to resume operation, pending a decision by the Commission.
(c) The Commission will not renew a license if the Commission receives the renewal application more than 30 days after the license expires. A person who wants to resume licensed activity in this circumstance:
(A) Must submit a completed new application, including the documents and information required by the Commission; and
(B) Must not engage in any licensed activity unless and until they receive authority to operate from the Commission after submitting the completed new application.
(d) A person relicensed under section (1)(c) of this rule who engaged in any activity that would require a license while not licensed in violation of section (1)(b)(B) of this rule may be subject to administrative and criminal sanctions.
(e) A person who engages in any activity that requires a license but is not licensed may be subject to criminal prosecution.
(f) For purposes of this rule, a completed application:
(A) Is considered filed when received by the Commission; and
(B) Is one that is completely filled out, is signed by all applicants and includes the appropriate fee.
Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100, 475B.110 & 475B.560
Stats. Implemented: ORS 475B.040
845-025-1200
Financial and Business Records
In addition to any other recordkeeping requirements in these rules, a marijuana licensee must have and maintain records that clearly reflect all financial transactions and the financial condition of the business. The following records may be kept in either paper or electronic form and must be maintained for a three-year period and must be made available for inspection if requested by an employee of the Commission:

(1) Purchase invoices and supporting documents for items and services purchased for use in the production, processing, research, testing and sale of marijuana items that include from whom the items were purchased and the date of purchase;
(2) Bank statements for any accounts relating to the licensed business;
(3) Accounting and tax records related to the licensed business;
(4) Documentation of all financial transactions related to the licensed business, including contracts and agreements for services performed or received that relate to the licensed business; and
(5) All employee records, including training.
Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110
Stats. Implemented: ORS 475B.130
845-025-1215
Standardized Scales
(1) A licensee shall use an Oregon Department of Agriculture licensed weighing device as defined in ORS chapter 618 and OAR 603, Division 27:
(a) Whenever marijuana items are bought and sold by weight;
(b) Whenever marijuana items are packaged for sale by weight;
(c) Whenever marijuana items are weighed for entry into CTS; and,
(d) Whenever the weighing device is used commercially as defined in ORS 618.010.
(2) Notwithstanding the requirements in sections (1) of this rule a laboratory licensee may utilize any scale permitted by ORELAP under OAR 333, Division 64.
Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110
Stats. Implemented: ORS 475B.070, 475B.090, 475B.100 & 475B.110
845-025-1230
Licensed Premises Restrictions and Requirements
(1) A licensed premises may not be located:
(a) On federal property; or
(b) At the same physical location or address as a:
(A) Medical marijuana grow site registered under ORS 475.304, unless the grow site is also licensed under ORS 475B.080;
(B) Medical marijuana processing site registered under ORS 475B.435; or
(C) Medical marijuana dispensary registered under ORS 475B.450.
(D) Liquor licensee licensed under ORS Chapter 471 or as a retail liquor agent appointed by the Commission.
(2) The licensed premises of a producer applicant may not be on:
(a) Public land; or
(b) The same tax lot or parcel as another producer licensee under common ownership.
(3) The licensed premises of a retailer may not be located:
(a) Within 1,000 feet of:
(A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or

(B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030.
(b) In an area that is zoned exclusively for residential use.
(4) The licensed premises of a processor who has an endorsement to process extracts may not be located in an area that is zoned exclusively for residential use.
(5) The licensed premises of a processor, wholesaler, laboratory and retailer must be enclosed on all sides by permanent walls and doors.
(6) A licensee may not permit:
(a) Any minor on a licensed premises except as described in section (7) and (8) of this rule; or
(b) On-site consumption of a marijuana item, alcohol, or other intoxicant by any individual, except that a license representative who has a current registry identification card issued under ORS 475B.415 may consume marijuana during his or her work shift on the licensed premises as necessary for his or her medical condition, if the employee is alone, in a closed room and not visible to others outside the room. A license representative who consumes a marijuana item as permitted under this section may not be intoxicated while on duty. For purposes of this section allowable on-site consumption in an enclosed area, as that as defined in OAR 333-015-0030 does not include smoking, combusting, inhaling, vaporizing, or aerosolizing a marijuana item.
(7) Notwithstanding section (6)(a) of this rule, a minor, other than a licensee’s employee, who has a legitimate business purpose for being on the licensed premises, may be on the premises for a limited period of time in order to accomplish the legitimate business purpose. For example, a minor plumber may be on the premises in order to make a repair.
(8) Notwithstanding section (6)(a) of this rule, a minor who resides on the tax lot or parcel where a marijuana producer is licensed may be present on those portions of a producer’s licensed that do not contain usable marijuana or cut and drying marijuana plants.
(9) A licensee must clearly identify all limited access areas in accordance with OAR 845-025-1245.
(10) A licensee must keep a daily log of all employees, contractors and license representatives who perform work on the licensed premises. All employees, contractors and licensee representatives present on the licensed premises must wear clothing or a badge issued by the licensee that easily identifies the individual as an employee, contractor or licensee representative.
(a) A licensee must record the name and permit number of every current employee and license representative in CTS.
(b) If a current employee or license representative is not required to have a marijuana worker permit, the licensee must record the name and date of birth for that individual in CTS.
(c) A licensee must record the name and date of birth for every contractor who performs work on the licensed premises. If the contractor is licensed by the State of Oregon, the licensee must also record the contractor’s license number.
(11) The general public is not permitted in limited access areas on a licensed premises, except for the consumer sales area of a retailer and as provided by section (14) of this rule. In addition to licensee representatives, the following visitors are permitted to be present in limited access areas on a licensed premises, subject to the requirements in section (12) and (13) of this rule:
(a) Laboratory personnel, if the laboratory is licensed by the Commission;
(b) A contractor, vendor or service provider authorized by a licensee representative to be on the licensed premises;
(c) Another licensee or that licensee’s representative;
(d) Invited guests as defined in OAR 845-025-1015 subject to requirements of section (12) of this rule; or
(e) Tour groups as permitted under section (14) of this rule.
(12) Prior to entering a licensed premises all visitors permitted by section (11) of this rule must be documented and issued a visitor identification badge from a licensee representative that must remain visible while on the licensed premises. A visitor badge is not required for government officials. All visitors described in subsection (11) of this rule must be accompanied by a licensee representative at all times.
(13) A licensee must maintain a log of all visitor activity allowed under section (11) of this rule. The log must contain the first and last name and date of birth of every visitor and the date they visited. A licensee is not required to record the date of birth for government officials.
(14) A marijuana producer or research certificate holder may offer tours of the licensed premises, including limited access areas, to the general public if the licensee submits a control plan in writing and the plan is approved by the Commission.
(a) The plan must describe how conduct of the individuals on the tour will be monitored, how access to usable marijuana will be limited, and what steps the licensee will take to ensure that no minors are permitted on the licensed premises.
(b) The Commission may withdraw approval of the control plan if the Commission finds there is poor compliance with the plan. Poor compliance may be indicated by, for example, individuals on the tour not being adequately supervised, an individual on the tour obtaining a marijuana item while on the tour, a minor being part of a tour, or the tours creating a public nuisance.
(15) Nothing in this rule is intended to prevent or prohibit Commission employees or contractors, or other state or local government officials that have jurisdiction over some aspect of the licensed premises or licensee from being on the licensed premises.
(16) A licensee may not sublet any portion of a licensed premises.
(17) A licensed premises may receive marijuana items only from a marijuana producer, marijuana processor, or marijuana wholesaler for whom a premises has been licensed by the Commission.
(18) A licensed wholesaler or retailer who sells or handles food, as that term is defined in ORS 616.695, or cannabinoid edibles must also be licensed by the Oregon Department of Agriculture under ORS 616.706.
(19) Notwithstanding section (6)(a) of this rule, a minor may pass through the licensed area of an outdoor producer in order to reach an unlicensed area, so long as the minor is not present in areas that contain marijuana items.
Stat. Auth.: ORS 475B.025, ORS 475B.070, ORS 475B.090, ORS 475B.100, ORS 475B.110
Stats. Implemented: ORS 475B.090, 475B.100, 475B.110, 475B.260, 475B.005, 475B.180 & 475B.280

845-025-1245
Signage
(1) A licensee must post:
(a) At every licensed premises signs that read:
(A) “No Minors Permitted Anywhere on This Premises”; and
(B) “No On-Site Consumption of Marijuana”; and
(b) At all areas of ingress or egress to a limited access area a sign that reads: “Do Not Enter – Limited Access Area – Access Limited to Licensed Personnel and Escorted Visitors.”
(2) All signs required by this rule must be:
(a) Legible, not less than 12 inches wide and 12 inches long, composed of letters not less than one-half inch in height;
(b) In English and Spanish; and
(c) Posted in a conspicuous location where the signs can be easily read by individuals on the licenses premises.
Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110
Stats. Implemented: ORS 475B.260
845-025-1260
Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party
(1) The Commission may issue a temporary authority to operate a licensed business to a trustee, the receiver of an insolvent or bankrupt licensed business, the personal representative of a deceased licensee, or a person holding a security interest in the business for a reasonable period of time to allow orderly disposition of the business.
(a) The trustee, receiver or personal representative must provide the Commission with the following information:
(A) Proof that the person is the legal trustee, receiver or personal representative for the business; and
(B) A written request for authority to operate as a trustee, receiver or personal representative, listing the address and telephone number of the trustee, receiver or personal representative.
(b) The secured party must provide the Commission with the following information:
(A) Proof of a security interest in the licensed business;
(B) Proof of the licensee’s default on the secured debt;
(C) Proof of legal access to the real property; and
(D) A written request for authority to operate as a secured party listing the secured party’s address and telephone number.
(2) The Commission may revoke or refuse to issue or extend authority for the trustee, receiver, personal representative, or secured party to operate:
(a) If the trustee, receiver, personal representative or secured party does not propose to operate the business immediately or does not begin to operate the business immediately upon receiving the temporary authority;

(b) For any of the reasons that the Commission may revoke or refuse to issue or renew a license;
(c) If the trustee, receiver, personal representative or secured party operates the business in violation of ORS 475B, or these rules; or
(d) If a reasonable time for disposition of the business has elapsed.
(3) No person or entity described in section (1) of this rule may operate the business until a certificate of authority has been issued under this rule, except that the personal representative of a deceased licensee may operate the business for up to 10 days after the death provided that the personal representative submits the information required in section (1)(a) of this rule and obtains a certificate of authority within that time period.
(4) A certificate of authority under this rule is initially issued for a 60-day period and may be extended as reasonably necessary to allow for the disposition of the business.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.033
845-025-1275
Closure of Business
(1) A license expires upon death of a licensee unless the Commission issues an order as described in subsection (2) of this rule.
(2) The Commission may issue an order providing for the manner and condition under which:
(a) Marijuana items left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed.
(b) The business of a deceased, insolvent or bankrupt licensee may be operated for a reasonable period following the death, insolvency or bankruptcy.
(3) A secured party, as defined in ORS 79.0102, may continue to operate a business for which a license has been issued under section ORS 475B.070, 475B.090, 475B.100 or 475B.110 for a reasonable period after default on the indebtedness by the debtor.
(4) If a license is revoked the Commission must address in its order the manner and condition under which marijuana items held by the licensee may be transferred or sold to other licensees or must be otherwise disposed.
(5) If a license is surrendered or expires the Commission may address by order the manner and condition under which marijuana items held by the licensee may be transferred or sold to other licensees or must be otherwise disposed of.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.033
845-025-1290
Licensee Responsibility
A licensee is responsible for:
(1) The violation of any administrative rule of the Commission; any provision of ORS chapter 475B affecting the licensee’s license privileges.

(2) Any act or omission of a licensee representative in violation of any administrative rule of the Commission or any provision of ORS chapter 475B affecting the licensee’s license privileges.
Stat. Auth.: ORS 475B.025
Stats. Implemented: ORS 475B.025
845-025-1295
Local Ordinances
The Commission may impose a civil penalty, suspend or revoke any license for failure to comply with an ordinance adopted by a city or county pursuant ORS 475B.340 if the city or county:
(1) Has provided the licensee with due process substantially similar to the due process provided to a licensee under the Administrative Procedures Act, ORS 183.413 to 183.470; and
(2) Provides the Commission with a final order that is substantially similar to the requirements for a final order under ORS 183.470 that establishes that the licensee has violated the local ordinance.
Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100, & 475B.110
Stats. Implemented: ORS 475B.340
845-025-1300
Licensee Prohibitions
(1) A licensee may not:
(a) Import into this state or export from this state any marijuana items;
(b) Give marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or game of skill, or competition of any kind;
(c) Sell, give or otherwise make available any marijuana items to any person who is visibly intoxicated;
(d) Make false representations or statements to the Commission in order to induce or prevent action by the Commission;
(e) Maintain a noisy, disorderly or insanitary establishment or supply adulterated marijuana items;
(f) Misrepresent any marijuana item to a customer or to the public;
(g) Sell any marijuana item through a drive-up window;
(h) Deliver marijuana to any consumer off the licensed premises except as permitted by OAR 845-025-2880;
(i) Sell or offer to sell a marijuana item that does not comply with the minimum standards prescribed by the statutory laws of this state; or
(j) Use or allow the use of a mark or label on the container of a marijuana item that is kept for sale if the container does not precisely and clearly indicate the nature of the container’s contents or in any way might deceive a customer as to the nature, composition, quantity, age or quality of the marijuana item.
(2) No licensee or licensee representative may be under the influence of intoxicants while on duty.

(a) For purposes of this rule “on duty” means:
(A) The beginning of a work shift that involves the handling or sale of marijuana items, checking identification or controlling conduct on the licensed premises, to the end of the shift including all breaks;
(B) For an individual working outside a scheduled work shift, the performance of acts on behalf of the licensee that involve the handling or sale of marijuana items, checking identification or controlling conduct on the licensed premises, if the individual has the authority to put himself or herself on duty; or
(C) A work shift that includes supervising those who handle or sell marijuana items, check identification or control the licensed premises.
(b) Whether a person is paid or scheduled for work is not determinative of whether the person is considered “on duty” under this subsection.
Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100, 475B.110
Stats. Implemented: ORS 475B.185, 475B.190, 475B.195, 475B.205, 475B.270 & 475B.275
845-025-1330
Trade Samples
(1) The following licensees may provide samples of marijuana items to other licensees for the purpose of determining whether to purchase the product:
(a) A producer may provide a sample of usable marijuana to a marijuana wholesaler, retailer or processor licensee.
(b) A processor may provide a sample of a cannabinoid product, concentrate or extract to a marijuana wholesaler or retailer.
(c) A wholesaler may provide a sample of usable marijuana or a cannabinoid product, concentrate or extract to a marijuana wholesaler, retailer or processor licensee.
(2) The sample marijuana items may not be consumed or used on a licensed premises.
(3) The sample may not be resold to another licensee or consumer.
(4) Any sample provided to another licensee or received by a licensee must be recorded in CTS.
(5) Any samples provided under this rule must be tested in accordance with OAR 333-007-0300 to 333-007-0490.
(6) A licensee is limited to providing the following aggregate amounts of sample marijuana items to an individual recipient licensee in a 30-day period:
(a) 30 grams of usable marijuana;
(b) 5 grams of cannabinoid concentrates or extracts; and
(c) 3 units of sale of any individual cannabinoid product.
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
845-025-1360
Quality Control Samples

(1) Producer and processor licensees may provide sample marijuana items directly to their own license representatives for the purpose of quality control and product development.
(2) The sample marijuana items may not be consumed or used on a licensed premises.
(3) The sample marijuana items may not be provided to or resold to another licensee or consumer.
(4) Any sample provided under this rule must be recorded in CTS.
(5) A producer licensee is limited to providing a total of 28 grams of usable marijuana per harvest lot or 1% of each harvest lot, whichever is smaller.
(6) A processor licensee is limited to providing a total of the following amounts of sample marijuana items:
(a) 5 grams of cannabinoid concentrates or extracts per process lot or 1% of each process lot, whichever is smaller; and
(b) 12 individual units of sale per process lot for other cannabinoid products.
Stat. Auth.: ORS 475B.025, 475B.070 & 475B.090
Stats Implemented: ORS 475B.025, 475B.070 & 475B.090
SECURITY
845-025-1400
Security Plans
(1) An applicant must have a security plan. The Commission will not conduct any pre-licensing inspection under OAR 845-025-1090(3) until it has approved an applicant’s security plan.
(2) The Commission must notify an applicant in writing whether the security plan has been approved. If the security plan is approved with a waiver granted under OAR 845-025-1405, the notice must specifically describe the alternate safeguards that are required and, if time limited, must state the time period the security plan is in effect.
(3) A licensee must notify the Commission of any proposed changes to a security plan and must have approval prior to implementing any change. The Commission will notify a licensee whether the change is approved in the same manner described in subsection (2) of this rule.
(4) The Commission may withdraw approval of the security plan at any time if there have been one or more documented instances of theft or loss of marijuana items on the licensed premises within the past year. If the Commission withdraws its approval of the security plan, the licensee will be given a reasonable period of time to modify the plan and if the security plan was approved with a waiver of any security requirements, will be given a reasonable period of time to come into compliance with the security requirements that were waived.
(5) Failure to comply with the terms of an approved security plan is a Category III violation.
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
845-025-1405
Security Waivers

(1) An applicant or licensee may, in writing, request that the Commission waive one or more of the security requirements described in OAR 845-025-1400 to 845-025-1470 by submitting a security waiver request for Commission approval. The waiver request must include:
(a) The specific rules and subsections of a rule that is requested to be waived;
(b) The reason for the waiver;
(c) A description of an alternative safeguard the licensee can put in place in lieu of the requirement that is the subject of the waiver; and
(d) An explanation of how and why the alternative safeguard accomplishes the goals of the security rules, specifically public safety, prevention of diversion, accountability, and prohibiting access to minors.
(2) The Commission may, in its discretion and on a case by case basis, approve the security waiver if it finds that the alternative safeguard that is proposed meets the goals of the security rules.
(3) Approved security waivers expire at the same time as the underlying 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
845-025-1410
Security Requirements
(1) A licensee is responsible for the security of all marijuana items on the licensed premises or in transit, including providing adequate safeguards against theft or diversion of marijuana items and records that are required to be kept.
(2) The licensee must ensure that commercial grade, non-residential door locks are installed on every external door, and gate if applicable, of a licensed premises where marijuana items are present.
(3) During all hours when the licensee is not operating a licensee must ensure that:
(a) All points of ingress and egress from a licensed premises are securely locked and any keys or key codes to the enclosed area remain in the possession of the licensee, licensee representative, or authorized personnel;
(b) All marijuana items on a licensed retailer’s premises are kept in a safe or vault as those terms are defined in OAR 845-025-1015; and
(c) All usable marijuana, cut and drying mature marijuana plants, cannabinoid concentrates, extracts or products on the licensed premises of a licensee other than a retailer are kept in a locked, enclosed area within the licensed premises that is secured with at a minimum, a steel door with a steel frame or equivalent, and a commercial grade, non-residential door lock.
(4) A licensee must:
(a) Have an electronic back-up system for all electronic records; and
(b) Keep all video recordings and archived required records not stored electronically in a locked storage area. Current records may be kept in a locked cupboard or desk outside the locked storage area during hours when the licensed business is open.
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

845-025-1420
Alarm System
(1) A licensed premises must have a fully operational security alarm system, activated at all times when the licensed premises is closed for business on all:
(a) All points of egress and ingress to and from the licensed premises; and
(b) Perimeter windows, if applicable.
(2) The security alarm system for the licensed premises must:
(a) Be able to detect unauthorized entry onto the licensed premises and unauthorized activity within any limited access area where mature marijuana plants, usable marijuana, cannabinoid concentrates, extracts or products are present;
(b) Be programmed to notify a the licensee, licensee representative or authorized personnel in the event of an unauthorized entry; and
(c) Have a mechanism to ensure that the licensee, licensee’s employees and authorized representatives can immediately notify law enforcement or a security company of any unauthorized entry. This subsection may be satisfied in one of the following ways:
(A) Having at least two operational "panic buttons" located inside the licensed premises that are linked with the alarm system that immediately notifies a security company or law enforcement; or
(B) Having operational “panic buttons” physically carried by all licensee representatives present on the licensed premises that are linked with the alarm system that immediately notifies a security company or law enforcement; or
(C) Having a landline telephone present in all limited access areas that is capable of immediately calling a security company or law enforcement.
(3) A licensee that has at least one authorized representative physically present on the licensed premises at all times when it is closed for business is not required to comply with section (1) and sections (2)(a) and (b) of this rule.
(4) Upon request, licensees shall make all information related to security alarm systems, monitoring and alarm activity available to the Commission.
Stat. Auth.: ORS 475B.025, ORS 475B.070, 475B.090, 475B.100 & 475B.110
Stats. Implemented: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110
845-025-1430
Video Surveillance Equipment
(1) A licensed premises must have a fully operational video surveillance recording system.
(2) Video surveillance equipment must, at a minimum:
(a) Consist of:
(A) Digital or network video recorders;
(B) Cameras capable of meeting the requirements of OAR 845-025-1450 and this rule;
(C) Video monitors;
(D) Digital archiving devices;
(E) A minimum of one monitor on premise capable of viewing video; and
(F) A printer capable of producing still photos.

(b) Have the capability of producing a still photograph from any camera image;
(c) Be equipped with a failure notification system that provides, within one hour, notification to the licensee or an authorized representative of any prolonged surveillance interruption or failure; and
(d) Have sufficient battery backup to support a minimum of one hour of recording time in the event of a power outage.
(3) Except for mounted cameras, all video surveillance equipment and recordings must be stored in a locked secure area that is accessible only to the licensee, licensee representatives and authorized personnel, Commission employees and contractors, and other state or local government officials that have jurisdiction over some aspect of the licensed premises or licensee.
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
845-025-1440
Required Camera Coverage and Camera Placement
(1) A licensed premises must have camera coverage, as applicable, for:
(a) All points of ingress and egress to and from the licensed premises;
(b) All limited access areas as that term is defined in OAR 845-025-1015;
(c) All point of sale areas;
(d) All points of entry to or exit from limited access areas; and
(e) The surveillance room or surveillance area as defined in OAR 845-025-1460(1)(a) and (b); and
(f) Any other area that the Commission believes presents a public safety risk based on the overall operation and characteristics of the licensed premises.
(2) A licensee must ensure that cameras are placed so that they capture clear and certain images of any individual and activity occurring:
(a) Within 15 feet both inside and outside of all points of ingress and egress to and from the licensed premises; and
(b) In all locations within limited access and point of sale areas on the licensed premises.
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
845-025-1450
Video Recording Requirements for Licensed Facilities
(1) A licensee must have cameras that continuously record, 24 hours a day:
(a) In all areas where mature marijuana plants, usable marijuana, cannabinoid concentrates, extracts or products may be present on the licensed premises; and
(b) All points of ingress and egress to and from areas where mature marijuana plants, usable marijuana, cannabinoid concentrates, extracts or products are present.
(2) A licensee must:
(a) In limited access and point of sale areas, use cameras that record at a minimum resolution of 1280 x 720 px and record at 10 fps (frames per second);

(b) In exterior perimeter and areas on the licensed premises that are not limited access areas, use cameras that record at a minimum resolution of 1280 x 720 px and record at least 5 fps, except where coverage overlaps any limited access areas such as entrances or exits and in those overlap areas cameras must record at 10 fps;
(c) Use cameras that are capable of recording in all lighting conditions;
(d) Keep all surveillance recordings for a minimum of:
(A) 90 calendar days for licenses issued or renewed after August 31, 2016; and
(B) 30 calendar days for licensed issued prior to August 31, 2016;
(e) Maintain surveillance recordings in a format approved by the Commission that can be easily accessed for viewing and easily reproduced;
(f) Upon request of the Commission, keep surveillance recordings for periods exceeding the retention period specified in section (2)(d) of this rule;
(g) Have the date and time embedded on all surveillance recordings without significantly obscuring the picture;
(h) Archive video recordings in a format that ensures authentication of the recording as a legitimately-captured video and guarantees that no alterations of the recorded image has taken place;
(i) Make video surveillance records and recordings available immediately upon request to the Commission in a format specified by the Commission for the purpose of ensuring compliance with ORS Chapter 475B and these rules;
(j) Immediately notify the Commission of any equipment failure or system outage lasting 30 minutes or more; and
(k) Back up the video surveillance recordings for the surveillance room or surveillance area off-site.
(3) Notwithstanding the requirements in section (1) of this rule a licensee may stop recording in areas where marijuana items are not present due to seasonal closures or prolonged periods of inactivity. The licensee must provide notice to OLCC when recording is stopped and must keep a log of all times that recording is stopped due to marijuana items not being present. The log and notice must identify which cameras were not recording, the date and time recording stops, the date and time recording resumes or is scheduled to resume, and a description of the reason why the recording stopped and started.
(4) In lieu of complying with subsection (2)(k) of this rule, a licensee may keep all required back up video surveillance recordings on site in the surveillance room or surveillance area as described in OAR 845-025-1460(1)(a) and (b), if that surveillance room or surveillance area:
(a) Is fully enclosed on all sides within a limited access area; and
(b) Is secured by an all metal door within a metal frame with a fire rating of 90 minutes or more and commercial grade, non-residential lock that is kept locked at all times.
(5) Failure to comply with subsections (2)(d)(e), (f), (h) or (i) of this rule is a Category I violation and may result in license revocation.
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
845-025-1460
Location and Maintenance of Surveillance Equipment

(1) A licensee must:
(a) Have the surveillance room or surveillance area in a limited access area; and
(b) Have the surveillance recording equipment housed in a designated, locked, and secured room or other enclosure with access limited to:
(A) The licensee, licensee representatives, and authorized personnel
(B) Employees of the Commission;
(C) State or local law enforcement agencies for a purpose authorized under ORS Chapter 475B, these rules, or for any other state or local law enforcement purpose; and
(D) Service personnel or contractors.
(2) Off-site storage must be secure and the recordings must be kept in a format approved by the Commission that can be easily accessed for viewing and easily reproduced.
(3) A licensee must keep a current list of all authorized employees and service personnel who have access to the surveillance system and room on the licensed premises.
(4) Licensees must keep a surveillance equipment maintenance activity log on the licensed premises to record all service activity including the identity of any individual performing the service, the service date and time and the reason for service to the surveillance system.
(5) Off-site monitoring of the licensed premises by a licensee or an independent third-party is authorized as long as standards exercised at the remote location meet or exceed all standards for on-site monitoring.
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
845-025-1470
Producer Security Requirements
(1) In addition to the security requirements in OAR 845-025-1400 to 845-025-1460, a producer must effectively prevent public access and obscure from public view all areas of marijuana production. A producer may satisfy this requirement by:
(a) Having an approved security plan as described in OAR 845-025-1400 that demonstrates the producer will effectively prevent public access and obscure from public view all areas of marijuana production;
(b) Fully enclosing indoor production on all sides so that no aspect of the production area is visible from the exterior; or
(c) Erecting a solid wall or fence on all exposed sides of an outdoor production area that is at least eight (8) feet high.
(2) If a producer chooses to dispose of marijuana items by any method of composting, as described in OAR 845-025-7750, the producer must prevent public access to the composting area and obscure the area from public view.
Stat. Auth.: ORS 475B.025 & 475B.070
Stats. Implemented: ORS 475B.025 & 475B.070