Or. Admin. R. 333-008-0730 - OMMP Monitoring, Investigation, and Enforcement: Suspension and Revocation

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

(1) Patient Suspension or Revocation.
(a) The Authority may suspend or revoke a patient's card if the Authority determines that the patient:
(A) Provided false information;
(B) Violated a provision of ORS 475B.785 to 475B.949, 475B.555, 475B.605, 475B.615, OAR chapter 333, division 7 or these rules; or
(C) No longer meets the qualifications for registration.
(b) If a patient's card is revoked, any designated primary caregiver issued under ORS 475B.797(5)(b) or PRMG identification card or grow site registration card issued under ORS 475B.810 shall also be revoked.
(c) An individual whose registry identification card is revoked under this rule may not reapply for a registry identification card for six months from the date of the revocation unless otherwise authorized by the Authority.
(2) Designated Primary Caregiver Suspension or Revocation.
(a) The Authority may suspend or revoke a caregiver's identification card issued under ORS 475B.797(5)(b) if the Authority determines that the designated primary caregiver violated a provision of ORS 475B.785 to 475B.949, 475B.555, 475B.605, 475B.615, OAR chapter 333, division 7 or these rules.
(b) An individual whose designated primary caregiver identification card has been revoked under this rule may not be designated as a primary caregiver under ORS 475B.804 for six months from the date of the revocation unless otherwise authorized by the Authority.
(3) Person Responsible for a Marijuana Grow Site Suspension or Revocation.
(a) The Authority may suspend or revoke the registration of a PRMG at a registered grow site if the Authority determines that a PRMG violated a provision of ORS 475B.785 to 475B.949, 475B.555, 475B.605, 475B.615, OAR chapter 333, division 7, these rules or an ordinance adopted pursuant to ORS 475B.928, or the grow site or PRMG no longer meets the qualifications in ORS 475B.810 or 475B.813 or rules adopted thereunder
(b) If the Authority suspends or revokes the registration of a PRMG the person's registration is suspended or revoked for all patients the person is producing marijuana for at the identified grow site location and the person must:
(A) Return all marijuana that is the property of the person's patients, to the patients; or
(B) If the patient agrees, transfer usable marijuana to a marijuana registered processing site or transfer seeds, immature plants or usable marijuana to a registered dispensary; and
(C) Return all suspended or revoked PRMG registration and grow site registration cards to the Authority.
(c) A PRMG must document the information, including how much was transferred, the date of transfer, and to whom the transfer was made, and provide that documentation to the Authority upon request.
(d) Failure to comply with the return, transfer, or documentation requirements is a violation and may result in further enforcement action.

Notes

Or. Admin. R. 333-008-0730
PH 9-2016, f. 2-26-16, cert. ef. 3/1/2016; PH 138-2018, minor correction filed 04/30/2018, effective 4/30/2018; PH 248-2018, amend filed 08/17/2018, effective 8/17/2018; PH 22-2019, amend filed 11/15/2019, effective 1/1/2020

Statutory/Other Authority: ORS 475B.797, 475B.810, 475B.949 & 475B.580

Statutes/Other Implemented: ORS 475B.797, 475B.810 & 475B.580

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