Current through Register Vol. 61, No. 4, April 1, 2022
Procedures. In order to obtain a registration and to retain registration a
dispensary registrant must have written detailed policies and procedures and
training for employees on the policies and procedures that, at a minimum, cover
(b) Transfers of marijuana items to and from
(c) Operation of a
requirements, including review of testing results prior to accepting transfers
of marijuana items;
and labeling requirements;
with these rules, including but not limited to violations and enforcement;
(i) Roles and responsibilities
for employees and PRDs in assisting the Authority during inspections or
Employees. A registered dispensary may employ an individual between the ages of
18 and 20 if the individual is a patient. Otherwise, dispensary employees must
be 21 years of age or older.
Standardized Scales. In order to obtain a registration and to retain
registration a dispensary registrant must own, maintain on the premises and use
a weighing device that is licensed by the Oregon Department of Agriculture.
Licensed weighing devices must be used by a registered dispensary whenever
marijuana items are:
(a) Transferred to or
from the dispensary and the transfer is by weight;
(b) Packaged for transfer by weight;
Weighed for purposes of
documenting information required in:
Inventory Tracking and Point of Sale
System: In order to obtain a registration and to retain registration a
registered dispensary must have an installed and fully operational integrated
inventory tracking and point of sale system that can and does, at a minimum:
(a) Produce bar codes or similar unique
identification numbers for each marijuana item lot transferred to a registered
(b) Trace back or link
each transfer of a marijuana item to a patient or caregiver to the marijuana
(d) Generate inventory, transaction, and
transfer reports viewable in Excel and PDF format.
(5) Online Verification of Registration
Status. A dispensary must verify an individual's registration status with the
Authority when receiving or making the transfer of a marijuana item if the
Authority has available an online system for such verification.
(6) Inventory On-Site. Marijuana items must
be kept on-site at the dispensary. The Authority may take enforcement action
against a dispensary registrant if during an inspection a dispensary registrant
cannot account for its inventory or if the amount of usable marijuana at the
registered dispensary is not within five percent of the documented
dispensary registrant may not accept a transfer of a marijuana item that has
not been tested in accordance with OAR 333-007-0300
or that has
failed a test under OAR 333-007-0450
(8) Packaging and Labeling. A dispensary may
not accept a transfer of a marijuana item or transfer a marijuana item that
does not comply with the Commission's labeling and packaging requirements in
OAR chapter 845, division 25. A dispensary that packages or labels marijuana
items must comply with the Commission's pre-approval process in OAR chapter
845, division 25 and keep all records related to the label pre-approval process
for two years from the date of approval and provide those records at the
request of the Authority.
Oregon Department of Agriculture Licensure. A registered dispensary that sells
or handles food, as that term is defined in ORS
or a cannabinoid concentrate, extract or product intended for human consumption
as that term is defined in OAR 333-008-0010
, must be licensed by the Oregon
Department of Agriculture under ORS
Industrial Hemp Products.
(a) A dispensary may only accept the transfer
of and may only transfer a product that contains THC or CBD that is derived
(b) Nothing in this
section prohibits a dispensary from buying or selling hemp products not
intended for human application, consumption, inhalation, ingestion, or
absorption, such as hemp clothing.
Tobacco and Nicotine. A dispensary may
not offer or sell tobacco or nicotine products in any form including, but not
limited to, loose tobacco, pipe tobacco, cigarettes as defined in ORS
cigarillos as that is defined in OAR 333-015-0030
, liquid nicotine containers
as that is defined in OAR 333-015-0305
or pre-filled nicotine inhalant delivery
For purposes of this
rule "marijuana item lot" means a quantity of seeds, immature plants, usable
marijuana, medical cannabinoid products, concentrates or extracts transferred
to a registered dispensary at one time and that is from the same harvest lot or
process lot as those terms are defined in OAR 333-008-0010
Or. Admin. R.
PH 2-2014(Temp), f.
1-14-14, cert. ef. 1-15-14 thru 7-13-14; PH 20-2014, f. & cert. ef.
4-2015, f. & cert. ef.
9-2016, f. 2-26-16, cert. ef.
21-2016, f. 6-24-16, cert. ef.
33-2016, f. & cert. ef.
9-2017, f. 5-26-17, cert. ef.
29-2017, amend filed 12/22/2017, effective
153-2018, minor correction filed 04/30/2018, effective
248-2018, amend filed 08/17/2018, effective
259-2018, minor correction filed 11/28/2018, effective
22-2019, amend filed 11/15/2019, effective
79-2021, amend filed 11/15/2021, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS