Or. Admin. R. 333-008-2180 - Violations

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

(1) It is a violation for an applicant for a registration, registrant or registrant representative to:
(a) Fail to cooperate with an inspection or investigation by the Authority or the Oregon Liquor Control Commission. Failure to cooperate includes but is not limited to:
(A) Refusal to grant access to any and all portions of the registered premises.
(B) Failure to provide to the Authority or the Commission, upon request, information concerning compliance with these rules.
(b) Submit false or misleading information to the Authority;
(c) If the registrant is a dispensary, transfer a marijuana item to an individual who is not a patient or a designated primary caregiver;
(d) If the registrant is a processing site, transfer a medical cannabinoid product, concentrate or extract to anyone who is not a registered processing site representative, a registered dispensary representative, a patient or a designated primary caregiver, as permitted under these rules;
(e) Accept the transfer of a marijuana item from an individual who is not registered with the Authority;
(f) Accept the transfer of a marijuana item that was produced or processed in another state;
(g) Possess a mature marijuana plant;
(h) Fail to submit a plan of correction in accordance with OAR 333-008-2190;
(i) Fail to comply with an emergency suspension order or final order of the Authority, including failing to pay a civil penalty;
(j) Fail to comply with ORS 475B.840 to 475B.852, 475B.858 to 475B.867, 475B.555, 475B.605, 475B.615, these rules, or OAR chapter 333, division 7;
(k) Alter or falsify a laboratory test report or result;
(l) Alter or falsify a receipt issued under OAR 333-008-0023 or 333-008-0040;
(m) Submit false or misleading information to the Commission for the purpose of pre-approval of packaging and labeling as required by OAR chapter 845, division 25;
(n) Submit false or misleading information to a laboratory for the purpose of compliance testing under OAR 333-007-0300 to 333-007-0500; and
(o) To provide marijuana to a patient, designated primary caregiver, employee, or other person to have the marijuana tested for pesticides on behalf of the processing site or dispensary without disclosing to the laboratory the processing site or dispensary registration number.
(2) It is a violation of ORS 475B.858 and these rules to operate a dispensary without being registered by the Authority.
(3) It is a violation of ORS 475B.840 and these rules to operate a processing site without being registered by the Authority unless an exemption applies.

Notes

Or. Admin. R. 333-008-2180
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 9-2017, f. 5-26-17, cert. ef. 5/31/2017; PH 29-2017, amend filed 12/22/2017, effective 1/1/2018; PH 202-2018, minor correction filed 04/30/2018, effective 4/30/2018; PH 248-2018, amend filed 08/17/2018, effective 8/17/2018; PH 79-2021, amend filed 11/15/2021, effective 1/1/2022

Statutory/Other Authority: ORS 475B.840, 475B.858 & 475B.949

Statutes/Other Implemented: ORS 475B.840 & 475B.858

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