Or. Admin. R. 333-008-0720 - OMMP Monitoring, Investigation, and Enforcement: Violations

Current through Register Vol. 61, No. 4, April 1, 2022

In addition to failure to comply with any applicable provision of ORS 475B.785 to 475B.949, 475B.555, 475B.605, 475B.615, OAR chapter 333, division 7 or these rules, it is a violation:

(1) For a PRMG:
(a) To transfer seeds, immature plants or usable marijuana to a registered processing site or dispensary without a valid patient authorization or personal agreement.
(b) To transfer usable marijuana to an OLCC licensed processor site or licensed wholesaler without a valid assignment of rights from a patient through a personal agreement under ORS 475B.822.
(c) To produce marijuana at an invalid USPS address.
(d) To produce marijuana if the PRMG or the grow site do not meet the qualifications for registration under ORS 475B.810 or 475B.813 or rule adopted thereunder.
(2) To fail to cooperate with the Authority during an inspection or investigation. Failure to cooperate includes but is not limited to:
(a) Failure to provide directions to a grow site.
(b) Refusal to grant access to any and all portions of the registered grow site that the Authority has reason to believe are used in the production, harvesting, curing, storing, or packaging of marijuana.
(c) Failure to meet Authority staff within a reasonable period of time at the registered grow site after being notified of an on-site inspection.
(d) Failure to provide confirmation, upon request by the Authority, of the presence or absence of hazards or dangerous conditions at a grow site.
(e) Failure to provide to the Authority, upon request, information concerning compliance with these rules.
(3) To fail to pay a civil penalty.
(4) To submit false or misleading information to the Authority or the Commission.
(5) To provide marijuana to a patient, designated primary caregiver, employee, or other person to have the marijuana tested for pesticides on behalf of the PRMG without disclosing to the laboratory the PRMG's OMMP number.


Or. Admin. R. 333-008-0720
PH 9-2016, f. 2-26-16, cert. ef. 3/1/2016; PH 29-2017, amend filed 12/22/2017, effective 1/1/2018; PH 137-2018, minor correction filed 04/30/2018, effective 4/30/2018; PH 248-2018, amend filed 08/17/2018, effective 8/17/2018; PH 263-2018, minor correction filed 11/28/2018, effective 11/28/2018; PH 22-2019, amend filed 11/15/2019, effective 1/1/2020

Statutory/Other Authority: ORS 475B.525 & ORS 475B.825

Statutes/Other Implemented: ORS 475B.525 & ORS 475B.825

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