Current through Register Vol. 63, No. 12, December 1, 2024
(1) A processor
may:
(a) Transfer, sell, or transport:
(A) Cannabinoid concentrates, extracts, and
products for which the processor has an endorsement to a processor, wholesaler,
retailer, non-profit dispensary, or research certificate holder;
(B) Cannabinoid products, cannabinoid
extracts, and cannabinoid concentrates to a marijuana producer that were made
using only marijuana produced by the receiving producer;
(C) Marijuana or industrial hemp waste to a
producer, processor, wholesaler, or research certificate holder;
(D) Trade samples to a producer, processor,
wholesaler, or retailer licensee, only as allowed under OAR
845-025-1330; and
(E) Quality control samples to a license
representative, only as allowed under OAR
845-025-1360.
(b) Purchase, possess, or receive
as allowed by these rules:
(A) Whole,
non-living marijuana plants that have been entirely removed from any growing
medium from a producer, wholesaler, patient or designated primary caregiver, or
a research certificate holder;
(B)
Usable marijuana from a producer, wholesaler, patient or designated primary
caregiver, or a research certificate holder;
(C) Kief from a producer;
(D) Cannabinoid concentrates from a producer
that holds a concentrate endorsement under OAR
845-025-2025;
(E) Cannabinoid products, cannabinoid
extracts, and cannabinoid concentrates from a marijuana producer that were made
using only marijuana produced by the producer;
(F) Cannabinoid concentrates, extracts, and
products from a processor with an endorsement to manufacture the type of
product received, or from a research certificate holder;
(G) Trade samples as allowed by
845-025-1330;
(H) Marijuana or industrial hemp waste from a
producer, processor, wholesaler, retailer, laboratory, or research certificate
holder; and
(I) Cannabinoid
concentrates, extracts, and products produced by the licensee that have been
held in bailment by a wholesaler.
(c) Allow a laboratory licensee to obtain
samples for purposes of performing testing as provided in these rules and OAR
chapter 333, division 7.
(d) Accept
or make returns of marijuana items, as long as the processor:
(A) Only accepts or returns usable marijuana,
marijuana items, immature marijuana plants, seeds, and whole non-living
marijuana plants;
(B) Only accepts
or returns eligible items listed in paragraph (A) of this subsection from the
original licensee that supplied or purchased the item; and
(C) Accurately records the transaction in the
CTS.
(2) A
processor with an industrial hemp endorsement may:
(a) Transfer, sell, or transport:
(A) Hemp items to a wholesaler, a retailer,
or a processor with an industrial hemp endorsement; and
(B) Hemp items to a person that is not a
processor, retailer, or wholesaler only as allowed under OAR
845-025-3320.
(b) Purchase, posses, or receive as allowed
by these rules:
(A) Hemp items from a
wholesaler, a processor with an industrial hemp endorsement, or a
Commission-certified hemp handler; and
(B) Harvested industrial hemp from a
wholesaler, a Commission-certified hemp handler, or a Commission-certified hemp
grower.
(c) Process
industrial hemp and hemp items into any hemp item in compliance with all rules
for processing marijuana.
(d) Use
industrial hemp and hemp items as an ingredient in the processing of marijuana
items.
(3) A processor
may not:
(a) Transfer, sell, transport,
purchase, possess, accept, return, or receive any marijuana item, industrial
hemp, or hemp item other than as provided in this rule;
(b) Use any unapproved process set forth in
OAR 845-025-3200 to
845-025-3305;
(c) Allow minors on any portion of the
licensed premises except as allowed by OAR
845-025-1230. A violation of
this is a Category I violation;
(d)
Make any product that is prohibited from sale in a retail store, as set forth
in OAR 845-025-2800;
(e) Transfer, sell, transport, purchase,
accept, return, or receive any industrial hemp or hemp item that exceeds the
THC limits specified in OAR
845-025-2760;
(f) Process any kief received from a producer
into a cannabinoid edible, unless the producer has complied with all provisions
set forth in OAR 845-025-3250; or
(g) Transfer, sell, transport, purchase,
possess, accept, return, or receive any marijuana item or hemp item containing
artificially derived cannabinoids except as allowed under OAR
845-025-1310 and in accordance
with sections (1) and (2) of this rule.
(h) Produce marijuana.
(4) Notwithstanding paragraph (1)(d)(B) of
this rule, a processor may transfer its entire inventory of marijuana items and
hemp items to a single wholesaler if all requirements in OAR
845-025-7700 are met.
(5) A processor must be licensed by the
Commission and obtain the proper endorsement for the type of processing they
perform per OAR 845-025-3210.
(6) Violations.
(a) A violation of subsection (3)(e) of this
rule is a Category II violation.
(b) A violation of section (5) of this rule
is a Category I violation.
(c) All
other violations of this rule are Category III violations.
Statutory/Other Authority: ORS
475C.017, ORS
475C.085,
571.336 &
571.337
Statutes/Other Implemented: ORS
475C.017, ORS
475C.085,
571.336 &
571.337