Current through Register Vol. 63, No. 9, September 1, 2024
(1) Sale to a
Minor. A licensee or permittee may not sell, deliver, transfer or make
available any marijuana item or hemp item to a person under 21 years of age
unless the individual holds a valid OMMP patient or designated primary
caregiver card.
(a) Violation of this section
for an intentional sale to a minor by licensee or permittee or licensee
representative is a Category II violation.
(b) Violation of this section for other than
intentional sales is a Category II(b) violation.
(2) Identification. A licensee or licensee
representative must require a person to produce identification as required by
ORS 475C.217 before selling or
providing a marijuana item or hemp item to that person. Violation of this
section is a Category IV violation.
(3) Access to Premises.
(a) A licensee, laboratory licensee, or
permittee may not:
(A) During regular business
hours for the licensed premises, refuse to admit or fail to promptly admit a
Commission regulatory specialist who identifies him or herself and who enters
or wants to enter a licensed premises to conduct an inspection to ensure
compliance with ORS 475C affecting the licensed privileges; or these
rules;
(B) Outside of regular
business hours or when the premises appear closed, refuse to admit or fail to
promptly admit a Commission regulatory specialist who identifies him or herself
and requests entry on the basis that there is a reason to believe a violation
of ORS 475C affecting the licensed privileges; or these rules is occurring;
or
(C) Once a regulatory specialist
is on the licensed premises, ask the regulatory specialist to leave until the
specialist has had an opportunity to conduct an inspection to ensure compliance
with ORS 475C affecting the licensed privileges; or these rules.
(b) Violation of subsection (a) of
this section is a Category II violation.
(c) A licensee or laboratory licensee must at
all times retain control of, or the right of access to, all or any part of the
licensed premises.
(A) Failure to retain such
control or right of access is a Category II violation. If the licensee has
marijuana items in physical inventory at the licensed premises or in CTS,
failure to retain such control or right of access is a Category I violation and
may be grounds for immediate suspension or cancellation of the
license.
(B) Notwithstanding
paragraph (A) of this subsection, a licensee is not in violation of this
section if:
(i) Licensee has met the
requirements in OAR 845-025-1160(6);
(ii) Licensee lost access to the premises
through no fault of their own, is unable to find a new location within 30 days
of losing access to the premises, and removes all marijuana items from the
licensed premises in compliance with ORS Chapter 475C and these rules prior to
losing access, or
(iii) Licensee
promptly notifies the Commission of the failure to retain access to the
premises and surrenders its license.
(4) Use or Consumption of Intoxicants on Duty
and Under the Influence on Duty.
(a) No
licensee, licensee representative, laboratory licensee, laboratory licensee
representative, or permittee may consume any intoxicating substances while on
duty, except for employees as permitted under OAR
845-025-1230(6)(b).
Violation of this subsection is a Category III violation.
(b) No licensee, licensee representative,
laboratory licensee, laboratory licensee representative, or permittee may be
under the influence of intoxicating substances while on duty. Violation of this
subsection is a Category II violation.
(c) Whether a person is paid or scheduled for
a work shift is not determinative of whether the person is considered "on
duty."
(d) As used in this section:
(A) "On duty" means:
(i) From the beginning to the end of a work
shift for the licensed business, including any and all coffee, rest or meal
breaks; or
(ii) Performing any acts
on behalf of the licensee or the licensed business outside of a work shift if
the individual has the authority to put himself or herself on duty.
(B) "Intoxicants" means any
substance that is known to have or does have intoxicating effects, and includes
alcohol, marijuana, or any other controlled substances.
(5) Permitting Use of Marijuana at
Licensed Premises. A licensee, laboratory licensee, or permittee may not permit
the use or consumption of marijuana, hemp items, or any other intoxicating
substance, anywhere in or on the licensed premises, or in surrounding areas
under the control of the licensee, except for employees as permitted under OAR
845-025-1230(6)(b).
Violation of this section is a Category III violation.
(6) Import and Export. A licensee, laboratory
licensee, or permittee may not import marijuana items into this state or export
marijuana items out of this state. Violation of this section is a Category I
violation and could result in license or permit revocation.
(7) Permitting, Disorderly or Unlawful
Conduct. A licensee, laboratory licensee, or permittee may not permit
disorderly activity or activity that is unlawful under Oregon state law on the
licensed premises or in areas adjacent to or outside the licensed premises
under the control of the licensee.
(a) If the
prohibited activity under this section results in death or serious physical
injury, or involves unlawful use or attempted use of a deadly weapon against
another person, or results in a sexual offense which is a Class A felony such
as first degree rape, sodomy, or unlawful sexual penetration, the violation is
a Category I violation and could result in license or permit
revocation.
(b) If the prohibited
activity under this section involves use of a dangerous weapon against another
person with intent to cause death or serious physical injury, it is a Category
II violation.
(c) As used in this
section:
(A) "Disorderly activities" means
activities that harass, threaten or physically harm oneself or another
person.
(B) "Unlawful activity"
means activities that violate the laws of this state, including but not limited
to any activity that violates a state criminal statute.
(d) The Commission does not require a
conviction to establish a violation of this section except as required in ORS
475C.037.
(8) Marijuana as a Prize, Premium or
Consideration. No licensee or permittee may give or permit the giving of any
marijuana item as a prize, premium, or consideration for any lottery, contest,
game of chance or skill, exhibition, or any competition of any kind on the
licensed premises. Violation of this section is a Category V
violation.
(9) Visibly Intoxicated
Persons. No licensee or permittee may sell, give, or otherwise make available
any marijuana item to any person who is visibly intoxicated. Violation of this
section is a Category III violation.
(10) Prohibited inhalable cannabinoid
products.
(a) For purposes of this rule, a
"prohibited inhalable cannabinoid product" is an inhalable cannabinoid product
that does not meet the requirements of OAR
845-025-3265.
(b) No licensee or permittee may:
(A) Process or manufacture a prohibited
inhalable cannabinoid product on or after April 1, 2021;
(B) Possess, sell, deliver, transfer,
transport, purchase, or receive the prohibited inhalable cannabinoid product on
or after July 1, 2021, if the prohibited inhalable cannabinoid product was
processed or manufactured prior to April 1, 2021; or
(C) Possess, sell, deliver, transfer,
transport, purchase, or receive a prohibited inhalable cannabinoid product that
was processed or manufactured on or after April 1, 2021.
(c) Violation of this section is a Category
III violation. An intentional violation of this section is a Category II
violation.
(11)
Additional Prohibitions. A licensee or permittee may not:
(a) Sell or deliver any marijuana item or
hemp item through a drive-up or walk-up window.
(b) Use any device or machine that both
verifies the age of the consumer and delivers marijuana or hemp items to the
consumer.
(c) Deliver marijuana or
hemp items to a consumer off the licensed premises, except that retail
licensees may provide delivery as set forth in OAR
845-025-2880.
(d) Violation of subsection (a), (b), or (c)
of this section is a Category III violation.
(e) Permit industrial hemp or a hemp item to
be present on the licensed premises, except as allowed by these rules.
Violation of this subsection is a Category III violation. An intentional
violation is a Category II violation.
Statutory/Other Authority: ORS
475C.017, ORS
475C.065,
475C.085,
475C.093,
475C.233 &
475C.237
Statutes/Other Implemented: ORS
475C.065,
475C.085,
475C.093, ORS
475C.097,
475C.229,
475C.329,
475C.333 &
475C.109
