Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the purpose of this rule, "unlicensed
person" means a person that is not a producer, processor, retailer, wholesaler,
or laboratory.
(2) Eligibility. A
processor with an industrial hemp endorsement may transfer hemp items to an
unlicensed person subject to the following conditions:
(a) The hemp items are tested as described in
ORS 475C.544 and otherwise meets the
requirements for marijuana items under ORS
475C.005 to
475C.525,
475C.540 to
475C.586 and
475C.600 to
475C.644 and these rules;
and
(b) The hemp items do not
exceed 0.3 percent total delta-9-THC.
(3) The processor must record all activity
under this rule in CTS.
(4)
Transfer requirements. Prior to transferring any hemp items under this rule to
a person that is not a processor, retailer or wholesaler the processor must:
(a) Generate a manifest in CTS.
(b) After generating a manifest in CTS,
segregate all hemp items on the manifest and hold the hemp items on the
licensed premises for at least three business days under camera coverage prior
to removing the hemp items from the licensed premises.
(c) Carry a physical copy of the manifest
during transportation, if delivering the hemp items to an unlicensed person. If
the unlicensed person 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.
(5) A processor may not make transfers under
this rule to the licensed premises of a producer, processor, wholesaler,
retailer, or laboratory.
(6)
Violations.
(a) Transferring a hemp item that
exceeds one percent total delta-9-THC to a person who is not a licensee,
laboratory licensee, or research certificate holder is a Category II
violation.
(b) Transferring a hemp
item that exceeds 0.3 percent total delta-9-THC but does not exceed one percent
total delta-9-THC to a person who is not a licensee, laboratory licensee, or
research certificate holder is a Category III violation.
(c) A violation of subsection (4)(b) is a
Category III violation.
(d) All
other violations of this rule are Category IV violations.
Statutory/Other Authority: ORS
475C.017 & ORS
571.337
Statutes/Other Implemented: ORS
571.337
