Current through Register Vol. 63, No. 9, September 1, 2024
(1) Notwithstanding
OAR 845-025-2880, a retailer may
deliver a bona fide order to an individual who is on-site but outside of the
store, such as to the retailer's parking lot or the front entrance.
(2) "On-site" means an area within 150 feet
of the boundary of the retail licensee's licensed premises.
(3) Bona Fide Orders for On-Site Delivery.
(a) A bona fide order must be received by a
retailer from the individual requesting delivery.
(b) The bona fide order must contain:
(A) The individual requestor's name, date of
birth, and the date delivery is requested; and
(B) A document that describes the marijuana
items proposed for delivery and the amounts.
(4) On-Site Delivery Requirements.
(a) A retailer may only make an on-site
delivery during regular business hours and between the hours of 7:00 AM and
10:00 PM local time.
(b) Delivery
may only occur within 150 feet of the boundary of the licensee's
premises.
(c) At the time of
on-site delivery, the licensee or licensee representative delivering marijuana
items to the customer must check the identification of the individual to whom
delivery is being made in compliance with OAR
845-025-2820 in order to
determine that the identification matches the individual who submitted the bona
fide order. This includes, but is not limited to, ensuring that the individual:
(A) Is 21 years of age or older; or
(B) If the individual is age 18-20, is a
current registry identification cardholder.
(d) A retailer may not allow a marijuana item
to be purchased by an individual who is visibly intoxicated at the time of
pick-up.
(e) Marijuana items being
delivered to an individual must comply with the packaging and labeling rules in
OAR 845-025-7000 to
845-025-7190.
(f) A retailer licensee or licensee
representative must accurately record all on-site delivery sales in CTS in the
same manner as a non-delivery sales transaction pursuant to OAR
845-025-7580(5).
(5) A licensee or licensee
representative may not allow on-site delivery to occur on any federal public
land within 150 feet of the licensed premises. Retailers should comply with any
time, place and manner ordinances imposed by a local government.
(6) 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 & E.O.
20-07
