Current through Register Vol. 63, No. 3, March 1, 2024
(1) Eligibility. ORS 475C.513 allows
businesses licensed by the Commission under ORS 475C.005 to 475C.525 to
transport marijuana items to and exhibit marijuana items at a trade show or
similar event. This rule sets the qualifications and requirements for
promotional events.
(2)
Definitions.
(a) "Approved area" means the
area approved by the Commission to display and store marijuana items.
(b) "Event organizer" means a person licensed
under ORS 475C.005 to 475C.525 who submits a promotional event application and
serves as the primary contact with the Commission.
(c) "Participating licensee" means a person
licensed under ORS 475C.005 to 475C.525 who has been named as a participant in
a promotional event application.
(d) "Promotional event" means an event or
trade show at which marijuana items are displayed.
(3) Event Organizer.
(a) One participating licensee listed on the
application must be identified as the event organizer. Participating licensees
and the event organizer may be charged with any violations of this
rule.
(b) Event Organizers must:
(A) Receive approval from the Commission
prior to the event date that specifies all approved participating
licensees;
(B) Update and maintain
the application;
(C) Verify that
all participating licensees' manifests accurately reflect the marijuana items
and hemp items that are transported to the promotional event;
(D) Maintain a log of participating
licensees' attendance;
(E) Keep a
copy of the approved application at the event; and
(F) Be present or designate another license
representative to be present during the event.
(4) Promotional events may not be held:
(a) At a location licensed under ORS 475C.005
to 475C.525 or 475C.548; or
(b) In
a city or county that has adopted an ordinance to prohibit recreational
marijuana businesses.
(5) Promotional events may be held at a
location that holds a license under ORS 471, as long as no alcohol beverages
are stored or consumed within the approved area.
(6) Approved promotional events allow
participating licensees to display:
(a)
Marijuana plants from the inventory of the participating licensee;
(b) Marijuana items from the inventory of the
participating licensee; and
(c)
Hemp items from the inventory of the participating licensee if received,
processed, and otherwise in compliance with these rules.
(7) An event organizer or participating
licensee may not:
(a) Display any marijuana
items or hemp items not in the participating licensee's inventory;
(b) Sell, transfer or distribute any
marijuana items or hemp items at the promotional event;
(c) Distribute any samples of marijuana items
or hemp items; or
(d) Allow
consumption or use of alcohol, or marijuana items, or hemp items of any kind in
the approved area.
(8)
Transportation and Possession.
(a)
Participating licensees may not transport to or possess at the promotional
event more than the following amounts:
(A) 24
ounces of usable marijuana;
(B) 4
mature marijuana plants;
(C) 10
immature marijuana plants;
(D) 500
seeds, tracked by count in CTS;
(E)
16 ounces of cannabinoid products in solid form; or
(F) 72 ounces of cannabinoid products in
liquid form.
(b) All
participating licensees must immediately return all marijuana items and hemp
items to their licensed premises after the conclusion of the event.
(9) Promotional event CTS
requirements.
(a) All marijuana items or hemp
items must be tracked and tagged pursuant to CTS rule requirements.
(b) Each marijuana item or hemp item is
required to have the item's associated UID tag affixed to the item or
package.
(c) All participating
licensees must generate a printed transport manifest in CTS that accompanies
all marijuana items or hemp items for the duration of the promotional event
that contains the following information:
(A)
The name, contact information of a licensee representative, licensed premises
address and license number of the licensee transporting the marijuana items or
hemp items;
(B) Product name and
quantities (by weight or unit) of each marijuana item or hemp item contained in
each transport, along with the UIDs for every item;
(C) The date of transport and approximate
time of departure;
(D) Date and
estimated time when the marijuana items or hemp items will be returned to the
licensed premises at the conclusion of the promotional event; and
(E) Delivery vehicle make and model and
license plate information.
(d) Failure to properly track marijuana items
or hemp items as required in this subsection is a Category III violation. An
intentional violation of this rule is a Category II violation.
(10) Application Requirements.
(a) The Commission may refuse to process any
application that is not made in writing at least 28 days before the date of the
event in a form and manner prescribed by the Commission.
(b) The Commission may only accept one
application per promotional event.
(c) The Commission may require additional
forms, documents, or information as part of the application.
(d) The Commission may refuse to process any
application that is not complete, not accompanied by the documents or
disclosures required by the form or the Commission, or that does not allow the
Commission sufficient time to investigate and process the
application.
(e) The Commission may
limit approval of any application to a single day or to any consecutive number
of days, not to exceed sixteen consecutive days.
(11) The application for a promotional event
under this rule shall include:
(a) The names
of all participating licensees;
(b)
A description of the amount and types of marijuana items or hemp items proposed
to be transported and displayed at the promotional event;
(c) A written control plan that the
Commission determines:
(A) Adequately manages
the event to prevent unlawful activity and violations; and
(B) Prevents any person under 21 years to be
admitted to the areas where marijuana items are present at the event.
(d) The names of the licensee
representatives onsite at the promotional event and if applicable, their worker
permit numbers issued under OAR 845-025-5500;
(e) Identification of the premises or area
proposed for the promotional event;
(f) Statement of the type of event to be
licensed, type and extent of entertainment to be offered, expected patronage
overall, minor control plan and proposed hours of operation; and
(g) A statement signed by every participating
licensee indicating that the licensee agrees to follow the final approved
control plan.
(12)
Denial. The Commission may deny any application for a promotional event that
does not meet the requirements of this rule. The Commission may deny, cancel or
restrict an application for a promotional event:
(a) For any reason for which the Commission
may deny, cancel or restrict a regular license or if the Commission, in its
discretion, determines that promotional event presents a risk to public health
and safety; or
(b) If any
participating licensee has been found to have violated ORS 475C.005 to 475C.525
or any rules adopted there under in the past 24 months.
(13) When the Commission approves a written
control plan required under this rule, the licensee(s) must follow that written
plan. Failure to follow that written plan is a Category III violation. An
intentional violation of this rule is a Category II violation.
(14) The Commission may immediately revoke
authority of any participating licensee to participate in the promotional event
if the Commission has reasonable grounds to believe continued operation of the
event presents a risk to public health and safety.
(15) A licensee may not participate in a
promotional event unless it has been approved by the Commission. Participation
in an event where prior approval was required under this rule but was not
approved by the Commission is a Category I violation.
Statutory/Other Authority: ORS 475C.017 & ORS
475C.513
Statutes/Other Implemented: ORS
475C.513
