Current through Register Vol. 61, No. 4, April 1, 2022
Usable Marijuana, Seeds and Immature Plants. A patient, caregiver, or PRMG may
transfer usable marijuana, seeds and immature plants produced by a PRMG to a
registered dispensary, subject to the requirements in this rule.
A registered dispensary may only accept a
transfer of usable marijuana, seeds or immature marijuana plants from a
caregiver or PRMG if the individual transferring the usable marijuana, seeds or
immature plants provides the original or a copy of a valid:
(A) Authorization to Transfer form prescribed
by the Authority; or
agreement as that is defined in OAR 333-008-0010
Authorization to Transfer Forms. In order
to be valid an Authorization to Transfer form must include at least:
(A) The patient's name, OMMP card number or
receipt number and expiration date and contact information;
(B) The name and contact information of the
individual who is authorized to transfer the usable marijuana, seeds or
immature marijuana plants to the registered dispensary and that individual's
OMMP card number and expiration date;
(C) The name and address of the registered
dispensary that is authorized to receive the usable marijuana, seeds or
immature marijuana plants; and
The date the authorization expires, if earlier than the expiration date of the
patient's OMMP card.
Personal Agreements. In order to be valid a personal agreement must include at
(A) The patient's name, OMMP card
number and expiration date and contact information;
(B) The name and contact information of the
PRMG to whom the patient's property rights have been assigned and the
producer's OMMP card number and expiration date, and the grow site
(C) The portion of the
patient's rights to possess seeds, immature plants and usable marijuana that is
being assigned to the producer.
(2) Transfer of medical cannabinoid products,
concentrates, and extracts. A registered dispensary may only accept a transfer
of a medical cannabinoid product, concentrate or extract from a registered
medical marijuana processing site. The individual transferring the products,
concentrates or extracts must provide the dispensary with a Processing Site
Authorization to Transfer form prescribed by the Authority. In addition to
retaining a copy of the Processing Site Authorization to Transfer form the
dispensary must obtain a copy of the photo identification of the individual
transferring the cannabinoid product, concentrate or extract as required in
paragraph (3)(b)(B) of this rule.
Transfer Records. At the time a marijuana
item is transferred to a dispensary the dispensary registrant must:
Document, on a form prescribed by the
Authority, as applicable:
(A) The weight in
metric units of all usable marijuana received by the registered
(B) The number of seeds
and immature plants received by the registered dispensary;
(C) The amount of a medical cannabinoid
product, concentrate, or extract received by the registered dispensary,
including, as applicable, the weight in metric units, or the number of
(D) The name of the
(E) The date the
marijuana item was received;
The harvest or process lot numbers, and batch numbers; and
(G) The amount paid by the registered
and maintain a copy of, as applicable:
Documents required in section (1) of this rule including the date it was
(B) The photo
identification of the individual transferring the marijuana item to the
dispensary, if such a copy is not already on file;
(C) The OMMP card of the individual
transferring usable marijuana, seeds or immature plants;
(D) The medical marijuana processing site
(E) Test results
for marijuana items transferred to the dispensary.
Review laboratory testing results and
confirm that the:
(A) Test results are
associated with the marijuana items being transferred; and
(B) Marijuana item has passed all required
Nothing in these rules requires a dispensary registrant to accept a transfer of
a marijuana item.
documentation required in this rule must be maintained electronically in an
integrated inventory tracking and point of sale system or the electronic data
management system described in OAR 333-008-1247
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
155-2018, minor correction filed 04/30/2018, effective
22-2019, amend filed 11/15/2019, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS