Current through Register Vol. 63, No. 9, September 1, 2024
(1) For purposes of
this rule:
(a) "Marijuana processing site"
means a marijuana processing site registered under ORS
475C.815.
(b) "Person responsible for the marijuana
processing site" or "PRP" has the meaning given that term in OAR
333-008-0160.
(c) "Primary PRP" has
the meaning given that term in OAR 333-008-0160.
(2) An applicant for a processor license
under ORS 475C.085 that is also an owner
of a registered marijuana processing site or a business that applied to
register as a marijuana processing site prior to December 31, 2016 under ORS
475C.815, may submit a transfer
request to the Commission, on a form prescribed by the Commission, to transfer
inventory produced or obtained under Authority approval or
registration.
(3) Requests made
under this rule must include, at a minimum, the following information:
(a) The name of the marijuana processing
site, address, and Authority issued registration number for the marijuana
processing site.
(b) The name and
contact information of the owner of the marijuana processing site.
(c) The names and contact information for
each PRP.
(d) Identification of the
primary PRP.
(e) The endorsements
of the marijuana processing site.
(f) An authorization that permits the
Authority to disclose to the Commission any information necessary to verify the
information submitted in the request; and
(g) The amount and types of marijuana items
proposed to be transferred.
(4) Upon receiving a request under section
(2) of this rule the Commission must verify with the Authority:
(a) The registration status of the marijuana
processing site; and
(b) The
ownership of the processing site and the identification of each PRP and the
primary PRP.
(5) A
transfer request will be denied if an applicant has not complied with this rule
or if a license is denied under OAR
845-025-1115.
(6) If the information in the transfer
request is verified by the Authority and the Commission approves a license
application under ORS
475C.085, the Commission must
notify the applicant of the amount and type of marijuana items permitted to be
transferred.
(a) The Commission may not
permit the transfer of a marijuana cannabinoid product, concentrate or extract
packaged for ultimate sale to the consumer that exceeds the concentration
limits established for retail adult use under OAR
845-026-0210 unless the licensee
has been registered to process medical grade cannabinoid concentrates, extracts
or products.
(b) For transfer
requests that are received after January 31, 2017, the Commission may not
permit the transfer of a marijuana item that was produced or acquired before
December 31, 2016, unless the applicant is registered with the Authority as a
processing site under ORS
475C.815 and the item was
processed or acquired on or after the date the processing site was
registered.
(c) Prior to licensure
the marijuana processing site must return any marijuana item that is the lawful
property of a patient.
(d) Any
marijuana items that have not been approved by the Commission for transfer or
returned to a patient as described in subsection (5)(b) of this rule must be
removed from the premises by the applicant prior to the initial date of
licensure and lawfully transferred or disposed of.
(7) Information regarding the usable
marijuana, cannabinoid concentrates, extracts or products transferred must be
recorded in CTS within 10 calendar days of licensure.
(8) The licensee must notify the Commission
once the usable marijuana, cannabinoid concentrates, extracts or products are
entered into CTS and the Commission may inspect the premises to verify the
information the licensee entered into CTS.
(9) Once the transfer of inventory under this
section is complete the Commission must notify the Authority that the marijuana
processing site is now a licensed premises and that the licensed premises may
not be registered as a marijuana processing site address under ORS
475C.815.
(10) The Commission may deny a transfer
request if:
(a) It cannot verify the
information in the request or the applicant submitted incomplete information to
the Commission; or
(b) The
processor has not been granted an endorsement for the type of marijuana item
requested for transfer.
(11) Any usable marijuana, cannabinoid
concentrates, extracts or products transferred from a medical marijuana
processing site to the licensed premises under this rule must be:
(a) Tested in accordance with OAR
845-025-5700 before being used
or transferred; and
(b) Labeled and
packaged in accordance with OAR
845-025-7000 to
845-025-7060 before being
transferred to another licensee.
Statutory/Other Authority: ORS
475C.017
Statutes/Other Implemented: ORS
475C.169
