Or. Admin. R. 333-008-1110 - Medical Marijuana Dispensaries: Locations of Medical Marijuana Dispensaries; Dispensary Premises Restrictions and Requirements

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

(1) A dispensary may not be located:
(a) In an area that is zoned for residential use.
(b) At the same address as a registered marijuana grow site;
(c) Within 1,000 feet of the real property comprising a public or private elementary or secondary school, except as provided in ORS 475B.864; or
(d) Within 1,000 feet of another medical marijuana dispensary.
(2) For purposes of implementing ORS 475B.858(3)(d), the Authority will consider a location to be a school if it has at least the following characteristics:
(a) Is a public or private elementary or secondary school as those terms are defined OAR 333-008-0010;
(b) There is a building or physical space where students gather together for education purposes on a regular basis;
(c) A curriculum is provided;
(d) Attendance is compulsory under ORS 339.020 or children are being taught as described in ORS 339.030(1)(a); and
(e) Individuals are present to teach or guide student education.
(3) For purposes of determining the distance between a dispensary and a school "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising an existing public or private elementary or secondary school to the closest point of the premises of a dispensary. If any portion of the premises of a proposed or registered dispensary is within 1,000 feet of a public or private elementary or secondary school it may not be registered.
(4) For purposes of determining the distance between a dispensary and another registered dispensary "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of a registered dispensary to the closest point anywhere on the premises of a proposed dispensary. If any portion of the premises of a proposed dispensary is within 1,000 feet of a registered dispensary it may not be registered.
(5) In order to be registered a dispensary must operate at a particular location as specified in the application and may not be mobile.
(6) Minors on Premises. A dispensary registrant may not permit a minor to be present in any limited access or point of sale area of a registered dispensary.
(7) On Premises Consumption.
(a) A dispensary registrant may not permit the ingestion, inhalation or topical application of a marijuana item anywhere on the premises of the registered dispensary, except as described in subsection (b) of this section.
(b) An employee of a registered dispensary who is a patient may consume a marijuana item during his or her work shift on the premises of the registered dispensary as necessary for his or her medical condition, if the employee is:
(A) Alone and in a closed room where no dispensary marijuana items are present;
(B) Not visible to patients or caregivers on the premises of the registered dispensary to receive a transfer of a marijuana item; and
(C) Not visible to the public outside the dispensary.
(c) For purposes of this section consume does not include smoking, combusting, inhaling, vaporizing, or aerosolizing a marijuana item.
(8) General Public and Visitor Access. The general public is not permitted on the premises of a registered dispensary, except as permitted by OAR 333-008-1500 and in accordance with this rule.
(a) In addition to registrant representatives, the following visitors are permitted on the premises of a dispensary, including limited access areas, subject to the requirements in section (9) of this rule:
(A) Laboratory personnel, if the laboratory is accredited by the Authority;
(B) A contractor authorized by a registrant representative to be on the premises; or
(C) Individuals authorized to transfer marijuana items to a registered dispensary.
(b) A registered dispensary may permit up to seven invited guests 21 years of age and older, per week, on the premises of a registered dispensary, including limited access areas, subject to the requirements in section (9) of this rule.
(9) Visitor Escort, Log and Badges.
(a) Prior to entering the premises of a registered dispensary all visitors permitted by section (8) of this rule must be documented and issued a visitor identification badge from a registrant representative that must remain visible while on the premises. All visitors described in section (8) of this rule must be accompanied by a registrant representative at all times.
(b) A dispensary registrant must maintain a log of all visitor activity and the log must contain the first and last name and date of birth of every visitor, and the date they visited.
(10) Government Access. Nothing in this rule is intended to prevent or prohibit Authority employees or contractors, or other state or local government officials that have jurisdiction over some aspect of the premises or a dispensary registrant to be on the premises.
(a) A visitor badge is not required for government officials.
(b) A dispensary must log every government official that enters the premises but the dispensary may not request that the government official provide a date of birth for the log.
(11) Limited Access Areas.
(a) All limited access areas must be physically separated from any area where the general public is permitted, by a floor to ceiling wall that prevents physical access between the limited access area and an area that is open to the general public except through a door that is kept locked by a dispensary when the door is not immediately in use.
(b) An applicant or registered dispensary may request, in writing, an exception from the Authority from the requirement to have a floor to ceiling wall. The request must include the reason the exception is being sought, pictures of the area in question, and a description of an alternative barrier that accomplishes the goal of providing a significant physical barrier between the general public and any marijuana items on the premises of the dispensary.
(12) A dispensary must have:
(a) A designated limited access area or areas where transfers of marijuana items are received and such an area may not be accessible to patients or designated primary caregivers on the premises to receive the transfer of a marijuana item or the general public; and
(b) A designated area within the premises where patients and designated primary caregivers and other visitors enter the dispensary and are checked in.
(13) The areas described in section (12) of this rule must be clearly marked on the scaled floor plan required in OAR 333-008-1020.
(14) Point of Sale Areas.
(a) All point of sale areas must be physically separated from any area where the general public is permitted by a floor to ceiling wall that prevents physical access between a point of sale area and an area that is open to the general public except through a door that is kept locked by a dispensary when the door is not immediately in use.
(b) An applicant or registrant may request, in writing, an exception from the Authority from the requirement under subsection (a) of this section to have a floor to ceiling wall. The request must include the reason the exception is being sought, pictures of the area in question, and a description of an alternative barrier that accomplishes the goal of providing a significant physical barrier between the general public and any marijuana items on the premises of the dispensary.
(c) All areas where marijuana items are available for transfer to a patient or designated primary caregiver must be supervised by a dispensary representative at all times when a patient or designated primary caregiver is present.
(d) A dispensary may not transfer a marijuana item to a patient or designated primary caregiver through a drive-through window.
(15) A dispensary may not sublet or share with any other business any portion of the dispensary premises, except a registered processing site under common ownership.
(16) If a dispensary premises is located in a building or structure that includes residential, industrial, agricultural or other commercial uses, occupancies or tenant space, the dispensary premises and any other use, occupancy or tenant space must be completely separate with no communication of space or means of ingress or egress between the dispensary premises and any other use, occupancy or tenant space, except as follows:
(a) A dispensary may share a premises with a registered marijuana processing site that is under common ownership, in accordance with section (17) of this rule and OAR 333-008-2080.
(b) A dispensary is permitted to have a door from the dispensary premises that opens into a common space shared by other commercial uses, occupants, tenants or the public, but that is not exclusively under the control or possession of a single other commercial use, occupancy or tenancy, in accordance with section (17) of this rule.
(17) If a dispensary premises is located in a building or structure that includes residential, industrial, agricultural or other commercial uses, occupancies or tenant space and under section (16) of this rule ingress or egress is permitted, every means of ingress and egress must be:
(a) Through a door that is locked at all times, when not in immediate use, by a commercial grade lock, and that does not permit access by the public.
(b) Posted with signage in accordance with OAR 333-008-1205, as applicable.
(c) Equipped with security and surveillance system coverage in accordance with OAR 333-008-2080 and 333-008-2100.
(18) Residential occupancy of a dispensary premises is prohibited.

Notes

Or. Admin. R. 333-008-1110
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14; PH 20-2014, f. & cert. ef. 7-11-14; PH 4-2015, f. & cert. ef. 1/28/2015; PH 9-2016, f. 2-26-16, cert. ef. 3/1/2016; PH 21-2016, f. 6-24-16, cert. ef. 6/28/2016; PH 33-2016, f. & cert. ef. 11/28/2016; PH 29-2017, amend filed 12/22/2017, effective 1/1/2018; PH 152-2018, minor correction filed 04/30/2018, effective 4/30/2018

Statutory/Other Authority: ORS 475B.858 & 475B.949

Statutes/Other Implemented: ORS 475B.858

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