Or. Admin. R. 333-008-1730 - Medical Marijuana Processors: Registered Processing Site Premises Restrictions and Requirements

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

(1) A registered processing site may not be located in an area that is zoned for residential use if the processing site is endorsed to make cannabinoid extracts.
(2) In order to be registered a processing site must operate at a particular location as specified in the application and may not be mobile.
(3) Minors on Premises. A registered processing site may not permit a minor to be present in any limited access area of a registered processing site.
(4) On Premises Consumption.
(a) A registered processing site may not permit the ingestion, inhalation or topical application of a marijuana item anywhere on the premises of the processing site, except as described in subsection (b) of this section.
(b) An employee of a registered processing site who is a patient may consume a marijuana item during his or her work shift on the premises of the registered processing site as necessary for his or her medical condition, if the employee is:
(A) Alone and in a closed room where no processing site marijuana items are present; and
(B) Not visible to the public outside the registered processing site.
(c) For purposes of this section consume does not include smoking, combusting, inhaling, vaporizing, or aerosolizing a marijuana item.
(5) General Public and Visitor Access. The general public is not permitted on the premises of registered processing site, except as permitted by this rule.
(a) In addition to registrant representatives, the following visitors are permitted on the premises of a processing site, including limited access areas, subject to the requirements in section (6) 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 processing site.
(b) A registered processing site may permit up to seven invited guests 21 years of age and older, per week, on the premises of a registered processing site, including limited access areas, subject to the requirements in section (6) of this rule.
(6) Visitor Escort, Log and Badges.
(a) Prior to entering the premises of a registered processing site all visitors permitted by section (5) of this rule must be documented and issued a visitor identification badge from a registrant representative that must remain visible while on the premises. A visitor badge is not required for government officials. All visitors described in section (5) of this rule must be accompanied by a registrant representative at all times.
(b) A processing site 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.
(7) 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 registered processing site to be on the premises.
(a) A visitor badge is not required for government officials.
(b) A processing site must log every government official that enters the premises but the processing site may not request that the government official provide a date of birth for the log.
(8) A registered processing site must have:
(a) A designated limited access area or areas where transfers of marijuana items are received; and
(b) A designated area where visitors enter the processing site premises and are checked in. 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 processing site when the door is not immediately in use.
(9) The areas described in section (8) of this rule must be clearly marked on the scaled floor plan required in OAR 333-008-1620.
(10) Signage. A registered processing site must post:
(a) At every entrance to the processing site a sign that reads: "No On-Site Consumption of Marijuana".
(b) At all areas of ingress to a limited access area signs that reads:
(A) "Restricted Access Area - Authorized Personnel Only".
(B) "No Minors Allowed".
(11) A processing site may not sublet or share with any other business any portion of the processing site premises, except:
(a) As permitted in OAR 333-008-1790; or
(b) A registered dispensary under common ownership.
(12) If a processing site premises is located in a building or structure that includes residential, industrial, agricultural or other commercial uses, occupancies or tenant space, the processing site 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 processing site premises and any other use, occupancy or tenant space, except as follows:
(a) A processing site may share a premises with a registered marijuana dispensary that is under common ownership, in accordance with section (13) of this rule and OAR 333-008-2080.
(b) A processing site is permitted to have a door from the processing site 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 (13) of this rule.
(13) If a processing site premises is located in a building or structure that includes residential, industrial, agricultural or other commercial uses, occupancies or tenant space and under section (12) 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 333-008-1730, as applicable.
(c) Equipped with security and surveillance system coverage in accordance with OAR 333-008-2080 and 333-008-2100.
(14) Residential occupancy of a processing site premises is prohibited.

Notes

Or. Admin. R. 333-008-1730
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 173-2018, 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.840

Statutes/Other Implemented: ORS 475B.840

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