Current through Register Vol. 63, No. 9, September 1, 2024
(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
475C.792;
(B) Medical marijuana processing site
registered under ORS 475C.815;
(C) Medical marijuana dispensary registered
under ORS 475C.833; or
(D) Liquor license 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 as another producer
licensee under common ownership.
(3) The licensed premises of a retailer may
not be located:
(a) Except as provided in ORS
475C.101, 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. A processor, wholesaler, or laboratory licensee
may be exempt from this requirement if the processor, wholesaler, or laboratory
licensee can show in its security plan how the licensee will maintain security
within an unenclosed area, and the Commission determines it does not present a
risk to public health and safety.
(6) A licensee may not permit:
(a) Any minor to work or be on a licensed
premises except as described in this rule; or
(b) On-site consumption of a marijuana item,
alcohol, or other intoxicant by any individual, except that a licensee
representative who has a current registry identification card issued under ORS
475C.783 may consume marijuana
during their work shift on the licensed premises as necessary for their medical
condition, if the employee is alone, in a closed room and not visible to others
outside the room. A licensee 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) A licensee may
permit a minor to be on the licensed premises, if the minor:
(a) Has a legitimate business purpose for
being on the licensed premises. For example, a minor plumber may be on the
premises in order to make a repair;
(b) Passes 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;
(c) Resides on the tax lot where a marijuana
producer is licensed, so long as the minor is not present in areas of a
producer's licensed premises that contain usable marijuana or cut and drying
marijuana plants; or
(d) Is a
current Oregon Medical Marijuana Program cardholder or designated primary
caregiver and is over 18 years of age.
(8) A licensee must clearly identify all
limited access areas in accordance with OAR
845-025-1245.
(9) Log. A licensee must keep a daily log of
all employees and permitted visitors who perform work on the licensed premises,
except for Commission employees and other state or local government officials
acting in an official capacity who have jurisdiction over some aspect of the
licensed premises or operation.
(a) In CTS, a
licensee must record the following information for each current employee and
licensee representative:
(A) For an employee
or licensee representative required to have a marijuana worker permit, the
permit number and name of the individual as they appear on the marijuana worker
permit.
(B) For an employee or
licensee representative not required to have a marijuana worker permit, the
name and date of birth of the individual as this information is displayed on
valid government-issued ID.
(b) All employees and permitted visitors,
present on the licensed premises must wear clothing or a badge issued by the
licensee that easily identifies the individual as an employee or permitted
visitors. A visitor badge is not required for government officials.
(c) All permitted visitors must be
accompanied by a licensee representative at all times.
(d) On the daily log, a licensee must record
the name and date of birth as this information is displayed on valid
government-issued ID 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.
(e) A licensee must maintain a copy of the
daily log required by this rule for a period of at least 90 days.
(10) Permitted Visitors. The
general public is not permitted in limited access areas on a licensed premises,
except for the consumer sales area of a retailer. 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 of this rule
and other pertinent rules:
(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 this rule; or
(e)
Tour groups as permitted by this rule.
(11) Producer Tours. A marijuana producer or
research certificate holder may offer tours of the licensed premises, including
limited access areas, to the general public. All members of a tour group must
sign in on the daily log.
(12)
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. When Commission employees identify themselves, these
employees shall present Commission-issued identification while performing their
job duties, but are not required to provide a date of birth or any form of
identification listed ORS
475C.217.
(13) A licensee may not sublet any portion of
a licensed premises.
(14) 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 or as otherwise provided by these rules.
(15) 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.
(16) Violations.
(a) A violation of section (6) of this rule
is a Category III violation.
(b) A
violation of subsection (9)(a) of this rule is a Category IV violation. All
other violations of section (9) of this rule are Category V
violations.
Statutory/Other Authority: ORS
475C.017,
475C.065,
475C.085,
475C.093,
475C.097 &
475C.548
Statutes/Other Implemented: 475C.085, 475C.093, 475C.097, ORS
475C.001,
475C.225,
475C.317,
475C.377 &
475C.548
