Or. Admin. R. 150-475-2090 - Marijuana Retailer Requirements for Validating Medical Marijuana Cards
(1) Definitions:
(a) For purposes of this rule, "marijuana
retailer" means a marijuana retailer licensed by the Oregon Liquor and Cannabis
Commission, or any employee or representative of a marijuana retailer, who
sells marijuana items on or after January 4, 2016.
(b) "Marijuana Retail Tax" means the tax
imposed under ORS 475C.674.
(c) "Medical marijuana card" means a registry
identification card held by either a patient or a designated primary caregiver,
as described in ORS 475C.783.
(2) Marijuana retailers shall require any
individual claiming exemption from the Marijuana Retail Tax to present the
individual's medical marijuana card and a valid photographic identification at
the time of purchase. Acceptable valid photographic identification includes:
(a) State driver's license;
(b) State identification card;
(c) Passport;
(d) U.S. military identification card;
or
(e) Official tribal photographic
identification.
(3) The
marijuana retailer must confirm that the name and date of birth listed on the
valid photo identification is the same as that provided on the medical
marijuana card. The marijuana retailer must also confirm that the medical
marijuana card is currently effective and not expired.
(4) A marijuana retailer must deny the
exemption if the medical marijuana card and photographic identification of the
purchaser do not meet the requirements of this rule. Purchasers may appeal the
tax charged as described in OAR 150-475-2060.
(5) The marijuana retailer must retain a
record of the tax-exempt purchase as described in section (2)(b) of OAR
150-475-2050.
Notes
Statutory/Other Authority: ORS 305.100 & 475C.678
Statutes/Other Implemented: ORS 475C.678
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