Current through Register Vol. 63, No. 3, March 1, 2024
(1) Eligibility. A
licensed producer may produce a medically designated mature canopy in an amount
equal to 10 percent of their production tier licensed under ORS
475C.077, as long as the
producer provides at least seventy five percent of the annual yield of usable
marijuana from their medically designated mature canopy to patients or a
patient's designated primary caregivers for no consideration.
(2) In order to produce a medically
designated mature grow canopy, a licensed producer must:
(a) Register in a form and manner specified
by the commission;
(b) Pay the fee
specified in OAR 845-025-1060;
(c)
Submit a control plan in a form prescribed by the Commission describing how the
producer will:
(A) Identify the medically
designated mature canopy and separate the medically designated mature canopy
from the recreational canopy; and
(B) Segregate usable marijuana harvested from
the medically designated mature canopy from the usable marijuana harvested from
other plants.
(3) Land-use Compatibility Statement.
(a) Licensed producers who have previously
submitted a land use compatibility statement are not required to submit an
additional land use compatibility statement when registering to produce usable
marijuana for patients.
(b)
Licensed producers who were exempt from submitting a land use compatibility
statement under these rules at the time of licensure must submit a land use
compatibility statement when registering to produce marijuana for patients if
the producer's total canopy of mature medical and recreational plants exceeds
5000 square feet for outdoor producers and 1250 square feet for indoor
producers.
(4)
Notwithstanding OAR 845-025-2020(2), a producer registered under this section
may transfer or deliver:
(a) Usable marijuana
to a registry identification cardholder or designated primary caregiver at the
licensed premises of the producer or the residence of a registry identification
cardholder or designated primary caregiver;
(b) Immature marijuana plants to a registry
identification cardholder or designated primary caregiver at the licensed
premises of the producer or the residence of a registry identification
cardholder or designated primary caregiver; or
(c) Immature marijuana plants to a PRMG at
the PRMG's grow site.
(5) Prior to the transfer of marijuana items
under this rule, a producer must obtain and retain, if not already on file, a
copy of the patient's or designated primary caregiver's:
(a) Registry identification card if
transferring to a registry identification cardholder;
(b) OMMP identification card if transferring
to designated primary caregiver; or
(c) Marijuana grow site registration card if
transferring to a PRMG.
(6) A producer may not sell, deliver, or
transfer any marijuana item under this rule to an individual who does not
possess a valid card identified in section (5) of this rule.
(7) A producer may maintain the records
required under section (5) of this rule in electronic or physical form.
(a) For records maintained electronically, a
producer shall maintain a backup system or sufficient data storage so that
records are retained for no less than two years after the transfer of marijuana
for which the records were last obtained or used.
(b) For physical records, a producer must
ensure the records:
(A) Are legible and
complete;
(B) Kept in a safe and
secure location; and
(C) Are
retained for no less than two years after the transfer of marijuana for which
the records were last obtained or used.
(8) In addition to the information required
on a transport manifest under OAR 845-025-7700, a producer transferring
marijuana as described in section (4) of this rule must include:
(a) The registry identification card number
of the registry identification cardholder to whom the items are being
transferred;
(b) The OMMP
identification card number of the designated primary caregiver if transferring
to a designated primary caregiver; or
(c) The marijuana grow site registration card
number of the PRMG if transferring to a PRMG.
(9) Denial. A registration request will be
denied if the producer has not complied with this rule or if any information
submitted by the producer is false or misleading. A notice of denial must be
issued in accordance with ORS Chapter 183.
(10) The Commission may revoke a registration
under this section for any of the reasons that it may deny a registration under
this section.
(11) A producer
transferring immature marijuana plants under this section to a registry
identification cardholder, designated primary caregiver, or a PRMG may transfer
on a single manifest or to a person to possess on behalf of a single patient in
any 24-hour period:
(a) No more than 6
immature marijuana plants over 24 inches in height; or
(b) No more than 36 immature marijuana plants
under 24 inches in height.
(12) Violations.
(a) A transfer of marijuana to a registry
identification cardholder, primary caregiver, or PRMG that fails to meet the
requirements in sections (5), (7) or (8) of this rule is a Category III
violation.
(b) A violation of
section (6) or (11) of this rule is a Category II violation. All other
violations are Category III violations.
Statutory/Other Authority: ORS
475C.017
Statutes/Other Implemented: ORS
475C.137
