Or. Admin. R. 333-008-1230 - Medical Marijuana Dispensaries: Transfers to a Registered Dispensary

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

(1) Transfer of 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) 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
(B) Personal agreement as that is defined in OAR 333-008-0010.
(b) 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
(D) The date the authorization expires, if earlier than the expiration date of the patient's OMMP card.
(c) Personal Agreements. In order to be valid a personal agreement must include at least:
(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 address;
(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.
(3) Transfer Records. At the time a marijuana item is transferred to a dispensary the dispensary registrant must:
(a) Document, on a form prescribed by the Authority, as applicable:
(A) The weight in metric units of all usable marijuana received by the registered dispensary;
(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 units;
(D) The name of the marijuana item;
(E) The date the marijuana item was received;
(F) The harvest or process lot numbers, and batch numbers; and
(G) The amount paid by the registered dispensary.
(b) Obtain and maintain a copy of, as applicable:
(A) Documents required in section (1) of this rule including the date it was received;
(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 registration; and
(E) Test results for marijuana items transferred to the dispensary.
(c) 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 testing.
(4) Nothing in these rules requires a dispensary registrant to accept a transfer of a marijuana item.
(5) All 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.

Notes

Or. Admin. R. 333-008-1230
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 9-2017, f. 5-26-17, cert. ef. 5/31/2017; PH 29-2017, amend filed 12/22/2017, effective 1/1/2018; PH 155-2018, minor correction filed 04/30/2018, effective 4/30/2018; PH 22-2019, amend filed 11/15/2019, effective 1/1/2020

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

Statutes/Other Implemented: ORS 475B.858

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.