Current through Register Vol. 63, No. 9, September 1, 2024
(1) A licensee must
have cameras that continuously record, 24 hours a day:
(a) In all areas where mature marijuana
plants, immature marijuana plants, usable marijuana, cannabinoid concentrates,
extracts, products or waste may be present on the licensed premises;
and
(b) All points of ingress and
egress to and from areas where mature marijuana plants, immature marijuana
plants, usable marijuana, cannabinoid concentrates, extracts, products or waste
may be present.
(2) A
licensee must:
(a) In all areas where camera
coverage is required, use cameras that record at a minimum resolution of 1280 x
720 px and record at 10 fps (frames per second);
(b) Use cameras that are capable of recording
in all lighting conditions;
(c)
Have and keep surveillance recordings for a minimum of 90 calendar
days;
(d) Have and keep off-site
backup recordings described in subsection (2)(k) of this rule for a minimum of
30 days;
(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
subsection (2)(c) 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 475C and these rules;
(j)
Within 48 hours notify the Commission of any equipment failure or system outage
lasting 30 minutes or more; and
(k)
Back up the video surveillance recordings off-site and in real time for the
surveillance room or surveillance area.
(3) Notwithstanding the requirements in
section (1) of this rule a licensee or laboratory licensee may stop recording
in areas where marijuana items are not present due to seasonal closures or
prolonged periods of inactivity.
(a) At least
24 hours before stopping recording, a licensee or laboratory licensee must
submit written notice to the Commission by email using a designated form as
published by the Commission on its website and the notice must include:
(A) A copy of the licensee's plot plan or
diagram as described in OAR
845-025-1030 showing which
cameras will be deactivated, the total number of cameras that will be
deactivated, and a description or list of areas or applicable labels of the
deactivated cameras.
(B) The date
and time recording will stop.
(C)
An explanation for why recording will be stopped.
(D) The date and time recording will
resume.
(b) A licensee
or laboratory licensee:
(A) May not stop the
recording or continuous real time back up of the recording for a surveillance
area unless all other cameras on the licensed premises are shut down under this
rule.
(B) Must resume all required
recording no later than the date and time specified in the notice submitted
under subsection (a) of this section.
(C) May not engage in any licensed privileges
in any areas where recording was stopped under this section.
(4) Failure to comply
with subsections (1)(a), (b) or (2)(e), (f), (g), (h), or (i) of this rule is a
Category II violation.
(5) Failure
to comply with subsection (2)(a), (b), (d), (j), or (k) is a Category III
violation.
(6) Failure to comply
with subsection (2)(c) of this rule is:
(a) A
Category II violation if the licensee maintained surveillance recordings for 30
days or less.
(b) A Category III
violation if the licensee maintained surveillance recordings for more than 30
days but less than 90 days.
(c) A
Category I violation when the Commission has reasonable grounds to believe that
licensee is engaging in diversion or inversion of marijuana and the licensee
has not maintained surveillance recordings for all or part of the suspected
time period.
(7) A
licensee may not engage in any privileges of the license in an area that does
not have camera coverage as described in OAR
845-025-1440 and
845-025-1450 or in an area where
camera coverage has been stopped pursuant to section (3) of this rule,
including but not limited to possessing, storing, cultivating, transporting,
transferring, or receiving marijuana items.
Statutory/Other Authority: ORS
475C.017,
475C.065,
475C.085,
475C.093 &
475C.097
Statutes/Other Implemented: ORS
475C.017,
475C.065,
475C.085,
475C.093 &
475C.097
