Oregon Administrative Rules
Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION
Division 25 - RECREATIONAL MARIJUANA
Section 845-025-1015 - Definitions
Current through Register Vol. 63, No. 12, December 1, 2024
For the purposes of OAR 845-025-1000 to 845-025-8590 and OAR 845-026-0100 to 845-026-7070, unless otherwise specified, the following definitions apply:
(1) "Added substance" means any component or ingredient added to marijuana, usable marijuana, a cannabinoid concentrate, a cannabinoid extract, a cannabinoid product, industrial hemp, or a hemp item during or after processing that is present in the final cannabinoid product, including but not limited to flavors, non-marijuana derived terpenes, and any substances used to change the viscosity or consistency of the cannabinoid product.
(2) "Adulterated" means to make a marijuana item or hemp item impure by adding foreign or inferior ingredients or substances. A marijuana item or hemp item may be considered to be adulterated if:
(3)
(4) "Assign and affix a UID tag" means to designate a UID number to a marijuana item in CTS and to also physically attach the corresponding UID tag to a marijuana plant batch or a receptacle holding a marijuana item.
(5) "Attractive to minors" means packaging, containers, inhalant delivery devices, labeling, or advertising that features:
(6) "Authority" means the Oregon Health Authority.
(7) "Business day" means Monday through Friday excluding legal holidays.
(8) "Cannabinoid" means any of the chemical compounds that are the active constituents of marijuana or industrial hemp.
(9) "Cannabinoid concentrate" means a substance obtained by separating cannabinoids from marijuana by:
(10) "Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract, or dried marijuana leaves or flowers have been incorporated.
(11) "Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by:
(12) "Cannabinoid product"
(13) "Cannabinoid tincture" means a liquid cannabinoid product packaged in a container of four fluid ounces or less that consists of either:
(14) "Cannabinol" or "CBN" means 6,6,9-trimethyl-3-pentyl-6H-benzo[c]chromen-1-ol, Chemical Abstracts Service Number 521-35-7.
(15) "Cannabis reference laboratory" means the Oregon Department of Agriculture cannabis testing laboratory.
(16) "Cannabis Tracking System" or "CTS" means the system for tracking the transfer of marijuana items and other information as authorized by ORS 475C.117.
(17) "Cartoon" means any drawing or other depiction of an object, person, animal, creature or any similar caricature that satisfies any of the following criteria:
(18) "Certificate of tax compliance" means a certificate issued by the Oregon Department of Revenue in accordance with OAR 150-305-0304 but does not include a written statement described in OAR 150-305-0304(4).
(19) "Commission" means the Oregon Liquor and Cannabis Commission.
(20) "Commission-certified hemp grower" means a hemp grower certified by the Commission under OAR 845-025-2700 to deliver industrial hemp to processors or wholesalers.
(21) "Commission-certified hemp handler" means a hemp handler certified by the Commission under OAR 845-025-2705 to deliver industrial hemp or hemp items to processors, wholesalers, or retailers.
(22) "Commissioner" means a member of the Oregon Liquor and Cannabis Commission.
(23) "Common ownership"
(24) "Compliance test" means a laboratory test required by OAR chapter 333, division 7 or OAR 845-025-5800 to 845-025-5850 conducted by a laboratory licensee or the cannabis reference laboratory to allow the transfer or sale of a marijuana item, hemp item, or industrial hemp.
(25) "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.
(26) "Consumer" means a person who purchases, acquires, owns, holds, or uses marijuana items other than for the purpose of resale.
(27) "Container"
(28) "Contractor" means a person, other than a licensee representative, who temporarily visits the licensed premises to perform a service, maintenance, or repair.
(29) "CTS administrator" means a CTS user who may add, edit or disable access for other CTS users.
(30) "CTS user" means an individual with online access to CTS.
(31) "Date of harvest" means the day the last mature marijuana plant in the harvest lot was harvested.
(32) "Delta-8-tetrahydrocannabinol" or "delta-8-THC" means (6aR, 10aR)-6,6,9-trimethyl-3-pentyl-6a,7,10,10a-tetrahydro-6H-benzo[c]chromen-1-ol, Chemical Abstracts Service Number 5957-75-5.
(33) "Delta-9-tetrahydrocannabinol" or "delta-9-THC" means (6aR,10aR)-6,6,9-trimethyl-3-pentyl-6a,7,8,10a-tetrahydro-6H-benzo[c]chromen-1-ol, Chemical Abstracts Service Number 1972-08-3.
(34) "Delta-9-tetrahydrocannabinolic acid" or "delta-9-THCA" means (6aR,10aR)-1-hydroxy-6,6,9-trimethyl-3-pentyl-6a,7,8,10a-tetrahydro-6H-benzo[c]chromene-2-carboxylic acid, Chemical Abstracts Service Number 23978-85-0.
(35) "Designated primary caregiver" has the meaning given that term in ORS 475C.777.
(36) "Elementary school"
(37)
(38) "Financial interest" means having an interest in an applicant, licensee, or laboratory licensee, 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.
(39) "Flowering" means a marijuana plant that has formed a mass of pistils measuring greater than two centimeters wide at its widest point.
(40) "Grow site" means a specific location registered by the Authority and used by the grower to produce marijuana for medical use by a specific patient under ORS 475C.792.
(41)
(42) "Harvest lot" has the meaning given that term in OAR 333-007-0310.
(43) "Harvested industrial hemp"
(44) "Hemp cannabinoid product"
(45) "Hemp edible"
(46) "Hemp grower" means a person or entity that is a "grower" as that term is defined in OAR 603-048-0010 and is licensed with the Oregon Department of Agriculture under ORS 571.281 to grow industrial hemp.
(47) "Hemp handler" means a person or entity that is a "handler" as that term is defined in OAR 603-048-0010 and is licensed with the Oregon Department of Agriculture under ORS 571.281 to handle industrial hemp.
(48) "Hemp item"
(49) "Hemp tincture"
(50) "Immature marijuana plant" means a marijuana plant that is not flowering.
(51) "Industrial hemp" has the meaning given that term in ORS 571.269.
(52) "Industrial hemp-derived vapor item" means an industrial hemp concentrate or industrial hemp extract, as those terms are defined in ORS 571.269, whether alone or combined with non-cannabis additives that is intended for use in an inhalant delivery system.
(53) "Inhalable cannabinoid product" means a cannabinoid product or hemp cannabinoid product that is intended for human inhalation.
(54) "Inhalant delivery system" has the meaning given that term in ORS 431A.175.
(55) "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 or human use.
(56) "Intended for human use" means intended to be used by applying it to a person's skin or hair, inhalation, or otherwise consuming the product except through the mouth.
(57) "Inventory tracking" means activities and documentation processes to track marijuana items from seed to sale, including establishing an accurate record from one marijuana item to another, in the cannabis tracking system.
(58) "Invited guests" means family member and business associates of the licensee, not members of the general public.
(59) "Laboratory licensee" or "Laboratory" means a laboratory in this state licensed under ORS 475C.548 and includes each applicant listed on an application that the Commission has approved and each person who is added to the license as described in OAR 845-025-1165.
(60) "License year" means the period of time for which a license is issued.
(61) "Licensee" means any person who holds a license issued under ORS 475C.065, 475C.085, 475C.093, 475C.097, or 475C.548 and includes each applicant listed on an application that the Commission has approved and each person who is added to the license as described in OAR 845-025-1165.
(62) "Licensee of record" means a licensee listed on the license certificate as a license holder for a producer, processor, wholesaler, retailer, or laboratory license. There will be more than one licensee of record for the same license if:
(63) "Licensee representative" means an owner, director, officer, manager, employee, agent, or other representative of a licensee or laboratory licensee, to the extent that the person acts in a representative capacity.
(64) "Limit of quantification" or "LOQ" means the minimum levels, concentrations, or quantities of a target variable, for example, an analyte that can be reported by a laboratory with a specified degree of confidence.
(65) "Limited access area" means a building, room, or other contiguous area on a licensed premises where a marijuana item is present, but does not include a consumer sales area on a licensed retailer premises.
(66) "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. "Marijuana" does not include:
(67) "Marijuana flowers" means the flowers of the plant genus Cannabis within the plant family Cannabaceae.
(68) "Marijuana items" means marijuana, cannabinoid products, cannabinoid concentrates, and cannabinoid extracts.
(69) "Marijuana leaves" means the leaves of the plant genus Cannabis within the plant family Cannabaceae.
(70) "Marijuana plant batch" means a group of marijuana plants being cultivated by a producer, grow site subject to tracking in CTS, or a research certificate holder that meet the requirements of OAR 845-025-7570.
(71) "Marijuana processor" means a person who processes marijuana items in this state.
(72) "Marijuana producer" means a person who produces marijuana in this state.
(73) "Marijuana retailer" means a person who sells marijuana items to a consumer in this state.
(74) "Marijuana wholesaler" means a person who purchases marijuana items in this state for resale to a person other than a consumer.
(75) "Mature marijuana plant" means a marijuana plant that is not an immature marijuana plant.
(76) "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 475C.620 for consumers who hold a valid registry identification card issued under ORS 475C.783.
(77) "Micro-wholesaler" means a marijuana wholesaler licensed by the Commission that only purchases or receives marijuana from a micro tier I or micro tier II producer.
(78) "Minor" means any person under 21 years of age.
(79) "Non-cannabis additive" means a substance or group of substances that are derived from a source other than marijuana or industrial hemp.
(80) "Non-profit dispensary" means a medical marijuana dispensary registered under ORS 475C.833, owned by a nonprofit corporation organized under ORS chapter 65, and that is in compliance with the Authority's rules governing non-profit dispensaries in OAR chapter 333, division 8.
(81) "ORELAP" means the Oregon Environmental Laboratory Accreditation Program administered by the Authority pursuant to ORS 438.605 to 438.620.
(82) "Patient" has the same meaning as "registry identification cardholder."
(83) "Permittee" means any person who holds a Marijuana Workers Permit.
(84) "Person" has the meaning given that term in ORS 174.100.
(85) "Person responsible for a marijuana grow site" or "PRMG" has the meaning given that term in OAR 333-008-0010.
(86) "Points of ingress and egress" means any point that may be reasonably used by an individual to enter into an area and includes but is not limited to doors, gates, windows, crawlspace access points, and openings whether or not those points are secured by a locked door, window, or means capable of being unlocked or unsealed by a key, code, or other method intended to allow access.
(87) "Premises" or "licensed premises"
(88) "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.
(89) "Principal officer" includes the president, any vice president with responsibility over the operation of a licensed business, the secretary, the treasurer, or any other officer designated by the Commission.
(90) "Process lot" means:
(91) "Processes"
(92) "Producer" means a marijuana producer licensed by the Commission.
(93) "Produces"
(94) "Propagate" means to grow immature marijuana plants or to breed or produce seeds.
(95) "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.
(96) "Registry identification cardholder" has the meaning given that term in ORS 475C.777.
(97) "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 citations for violations, and otherwise enforcing ORS chapter 471, ORS 474.005 to 474.095, 474.115, 475C.005 to 475C.525, 475C.540 to 475C.586, and 475C.600 to 475C.644; Commission rules; and any other statutes the Commission considers related to regulating liquor or marijuana.
(98) "Retailer" means a marijuana retailer licensed by the Commission.
(99) "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.
(100) "Secondary school" means a learning institution containing any combination of grades 9 through 12 and includes junior high schools that have 9th grade.
(101) "Security plan" means a plan as described by OAR 845-025-1030, 845-025-1400, and 845-025-1405 that fully describes how an applicant will comply with applicable laws and rules regarding security.
(102) "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.
(103) "These rules" means OAR chapter 845, division 25.
(104) "Tissue culture plantlet" or "plantlet" means plant cells or tissues introduced into a culture from nodal cutting and cultivated under sterile conditions. A tissue culture plantlet from a marijuana plant is an immature marijuana plant.
(105) "Total delta-9-tetrahydrocannabinol" or "total delta-9-THC" means the sum of the concentration or mass of delta-9-THCA multiplied by 0.877 plus the concentration or mass of delta-9-THC.
(106) "UID number" means the 24-digit number on the UID tag.
(107) "UID tag" means a unique identification tag ordered and received from the Commission's designated vendor for CTS for the purpose of tracking marijuana items in CTS.
(108) "Usable hemp"
(109) "Usable Marijuana"
(110) "Wholesaler" means a marijuana wholesaler licensed by the Commission.
Statutory/Other Authority: ORS 475C.017
Statutes/Other Implemented: ORS 475C.017 & ORS 475C.009