Current through Register Vol. 63, No. 12, December 1, 2024
(1)
Eligibility. Notwithstanding OAR
845-025-3215(3),
a processor licensed under ORS
475C.085 who has registered in
the form and manner prescribed by the commission may receive usable marijuana
from a patient or the patient's designated primary caregiver and, for a fee,
process that usable marijuana into cannabinoid products, concentrates and
extracts for transfer to the patient or the patient's designated primary
caregiver subject to the following conditions:
(a) The processor cannot receive more than 24
ounces of usable marijuana from a patient or the patient's designated primary
caregiver in a single transaction;
(b) The processor cannot receive more than
three pounds from a patient or the patient's designated primary caregiver in
any 12-month period; and
(c) The
processor may not transfer more than the following amounts of marijuana items
to a patient or the patient's designated primary caregiver in a single
transaction:
(A) One ounce of cannabinoid
extracts;
(B) 16 ounces of
cannabinoid concentrates;
(C) 16
ounces of cannabinoid products in solid form;
(D) 72 ounces of cannabinoid products in
liquid form; or
(E) Five grams of
cannabinoid products intended for inhalation.
(d) In total the processor may not transfer
more than the following amounts of marijuana items to a patient or the
patient's designated primary caregiver in any 12 month period:
(A) Two ounces of cannabinoid
extracts;
(B) 32 ounces of
cannabinoid concentrates;
(C) 32
ounces of cannabinoid products in solid form; or
(D) 144 ounces of cannabinoid products in
liquid form.
(e) The
processor must:
(A) Record all activity under
this rule in CTS; and
(B) Have the
proper endorsements listed within
845-025-3210.
(2) Transfer
requirements. Prior to transferring any cannabinoid products, concentrates or
extracts processed under this rule to a patient or the patient's designated
primary caregiver the processor must:
(a)
Securely affix a label that contains the following information in a legible
font to all containers holding a marijuana item:
(A) A statement that reads: "NOT FOR SALE" in
bold, capital letters attached to the marijuana item;
(B) The universal symbol;
(C) The UID number;
(D) The business name and license number of
the processor; and
(E) The net
weight or volume of the marijuana or marijuana item.
(b) Comply with the:
(A) Testing requirements applicable to
licensed processors in ORS
475C.540 to ORS
475C.586 and OAR
333-007-0300 to
333-007-0500;
(B) The concentration limit requirements in
ORS 475C.620 and any rules adopted
thereunder; and
(C) Generate a
manifest in CTS and carry a physical copy of the manifest during
transportation, if delivering to a patient or designated primary caregiver. If
the cardholder or designated primary caregiver is picking up the cannabinoid
products, extracts or concentrates from the processor, a physical manifest is
not required to be printed but must be generated in CTS.
(3) Record Keeping. In addition to
the requirements of (1)(e) the processor must record all patient or designated
primary caregiver's OMMP number from whom they receive usable marijuana and the
OMMP number of the patient or designated primary caregiver to whom they
transfer cannabinoid products, concentrates and extracts.
(4) Processing Requirements. The processor
may only combine usable marijuana received from patients or designated primary
caregivers when processing cannabinoid products, concentrates and extracts for
a patients or the patients' designated primary caregiver. A processor may not
add or contribute any other usable marijuana, industrial hemp, or hemp items to
the processing.
(a) When distributing a
cannabinoid product derived from usable marijuana received from multiple
patients in (4) of this rule, the processor must distribute in proportional
shares.
(b) The processor must
segregate all usable marijuana received under this rule and all cannabinoid
products, concentrates and extracts processed under this rule from its other
inventory.
(5)
Violations. Failure to comply with this rule is a Category III
violation.
Statutory/Other Authority: ORS
475C.017, ORS
475C.085 & ORS
475C.141
Statutes/Other Implemented: ORS
475C.085 & ORS
475C.141