Current through Register Vol. 63, No. 12, December 1, 2024
(1) A marijuana retailer may deliver a
marijuana item to a residence in Oregon subject to compliance with this rule.
For purposes of this rule, "residence" means a dwelling such as a house or
apartment but does not include a dormitory, hotel, motel, bed and breakfast or
similar commercial business.
(2)
Delivery Approval Process.
(a) The retailer
must request approval from the Commission prior to undertaking delivery service
of marijuana items, on a form prescribed by the Commission that includes a
statement that the retailer:
(A) Understands
and will follow the requirements for delivery listed in this rule;
and
(B) Has taken steps to ensure
the personal safety of delivery personnel, including providing any necessary
training.
(b) The
retailer must receive written approval from the Commission prior to making any
deliveries.
(c) The Commission may
refuse to review any request for approval that is not complete and accompanied
by the documents or disclosures required by the form.
(d) The Commission may deny a retailer's
request for approval to deliver marijuana items if the retailer does not meet
the requirements of this or any other pertinent rule. If the Commission denies
the request, the retailer has a right to a hearing under the procedures of ORS
chapter 183.
(e) The Commission may
withdraw approval for delivery service at any time if the Commission finds that
the retailer is not complying with this rule, the personal safety of delivery
personnel is at risk, the retailer's delivery service has been the target of
theft, or the delivery service is creating a public safety risk.
(3) Bona Fide Orders.
(a) A bona fide order must be received by an
approved retailer from the individual requesting delivery, before 8:00 p.m. on
the day the delivery is requested.
(b) The bona fide order must contain:
(A) The individual requestor's name, date of
birth, the date delivery is requested and the address of the residence where
the individual would like the items delivered;
(B) A document that describes the marijuana
items proposed for delivery and the amounts; and
(C) A statement that the marijuana is for
personal use and not for the purpose of resale.
(4) Delivery Requirements.
(a) Deliveries must be made before 9:00 p.m.
local time and may not be made between the hours of 9:00 p.m. and 8:00 a.m.
local time.
(b) The marijuana
retailer may only deliver in a motor vehicle to the individual who placed the
bona fide order and only to individuals who are 21 years of age or
older.
(c) At the time of delivery
the individual performing delivery must check the identification of the
individual to whom delivery is being made in order to determine that it is the
same individual who submitted the bona fide order. This includes ensuring that
the individual:
(A) Is either 21 years of age
or older; or
(B) If the individual
is age 18-20, that the individual is a current registry identification
cardholder; and
(C) Signs a
document indicating that the items were received.
(d) A marijuana retailer may not deliver a
marijuana item to an individual who is visibly intoxicated at the time of
delivery.
(e) Deliveries may not be
made more than once per day to the same physical address or to the same
individual.
(f) Marijuana items
delivered to an individual's residence must:
(A) Comply with the packaging rules in OAR
845-025-7000 to
845-025-7190; and
(B) Be placed in a larger delivery receptacle
that has a label that reads: "Contains marijuana: Signature of person 21 years
of age or older required for delivery".
(g) A retailer may not carry or transport at
any one time more than a total of $10,000 in retail value worth of marijuana
items designated for retail delivery.
(h) All marijuana items must be kept in a
lock-box securely affixed inside the delivery motor vehicle.
(i) A manifest must be created for each
delivery or series of deliveries and the individual doing the delivery may not
make any unnecessary stops between deliveries or deviate substantially from the
manifest route.
(j) A licensee
representative must be able to communicate with the marijuana retailer while
making deliveries.
(k) The delivery
vehicle must be equipped with an active Global Positioning System.
(5) Documentation Requirements. A
marijuana retailer must document the following regarding deliveries:
(a) The bona fide order and the date and time
it was received by the retailer;
(b) The date and time the marijuana items
were delivered;
(c) A description
of the marijuana items that were delivered, including the weight or volume and
price paid by the consumer;
(d) Who
delivered the marijuana items; and
(e) The name of the individual or the patient
or designated primary caregiver's OMMP card number to whom the delivery was
made and the delivery address.
(6) A retailer is only required to maintain
the name of an individual to whom a delivery was made for one year.
(7) Prohibitions.
(a) A retailer may deliver marijuana items
only to a location within:
(A) The city in
which the licensee is licensed, if a licensee is located within a
city;
(B) Unincorporated areas of
the county in which the licensee is licensed, if a licensee is located in an
unincorporated city or area within the county; or
(C) The city limit of an adjacent city or
unincorporated areas of an adjacent county that has adopted an ordinance
allowing for interjurisdictional deliveries from adjacent cities or counties.
(i) For a retailer located within a city,
another city is considered adjacent if any part of the city limits are
contiguous.
(ii) For a retailer
located within a city, a county is considered adjacent if any portion of the
city limit of the city in which the retailer is located is contiguous with or
contained within the county line.
(iii) For a retailer located within an
unincorporated area of a county, a city is considered adjacent if any part of
the city limit is contiguous with or contained within the county line of the
county in which the retailer is located.
(iv) For a retailer located within an
unincorporated area of a county, another county is considered adjacent if any
part of the county lines are contiguous.
(b) The delivery vehicle must not have any
markings or signage that indicate the vehicle is transporting marijuana. The
vehicle may have markings or signage that includes trade name or
branding.
(c) A retailer may not
deliver marijuana items to a residence located on publicly-owned
land.
(8) Medical
Delivery Exemption. Notwithstanding the delivery prohibitions in subsection
(7)(a) of this rule, a retail licensee may deliver marijuana items to a patient
or a patient's designated primary caregiver at an individual's residence in
accordance with the other provisions of this rule, if the retailer follows the
delivery approval process set forth in section (2) of this rule.
(9) Sanction. A violation of any section of
this rule that is not otherwise specified in OAR
845-025-8590 is a Category III
violation.
Statutory/Other Authority: ORS
475C.017,
475C.097 & ORS
475C.205
Statutes/Other Implemented: ORS
475C.205