Or. Admin. Code § 603-048-0520 - Co-Location of Hemp Production with Marijuana Production
(1) For the purposes of this rule, the
following definitions apply:
(a) "Medical
marijuana grower registration" means a grower registration issued under ORS
475C.792.
(b) "Medical marijuana plot" means an area
designated at a hemp grow site for producing cannabis plants under a medical
marijuana grower registration.
(c)
"Personal grow plot" means an area designated at a hemp grow site for producing
cannabis plants pursuant to pursuant to ORS
475C.305.
(2) Medical Marijuana. If a grower produces
cannabis pursuant to a medical marijuana grower registration at the grow site,
the grower must:
(a) Complete and implement a
control plan, on a form provided by the Department, that describes how plants
grown pursuant to the industrial hemp license shall be separated from plants
grown pursuant to a medical marijuana grower registration. The control plan
must identify how harvested plant material will be maintained and stored
separately. Medical marijuana plots may not be in the same location or overlap
with a production area.
(b)
Maintain a copy of the control plan at the grow site at all times and
immediately provide upon request.
(c) Ensure that only plants grown pursuant
the industrial hemp license are grown in production areas and only plants grown
pursuant to a medical marijuana grower registration are grown in medical
marijuana plots;
(d) Post a grow
site plan that identifies the location of the hemp production areas and medical
marijuana plots;
(e) Visually
demarcate the boundaries of hemp production areas and medical marijuana plots
through signs, fencing, or cordoning.
(3) OLCC-Licensed Marijuana. If a grower
produces cannabis pursuant to a license issued under ORS
475C.065, the grower shall
submit a copy of the OLCC-approved control plan as described in OAR
845-025-1115(2)(g) to the Department.
(4) Personal Grows. Cannabis plants grown
pursuant to ORS 475C.305 may not be located in a
hemp production area. A grower that produces cannabis plants pursuant to ORS
475B.301 must:
(a) Ensure that only plants grown pursuant
the industrial hemp license are grown only in production areas and only plants
grown pursuant to ORS
475C.305 are grown in personal
use plots;
(b) Post a grow site
plan that identifies the location of the hemp production areas and any personal
use plots.
(c) Visually demarcate
the boundaries of hemp production areas and any personal use plots through
signs, fencing, or cordoning.
(5) Any and all cannabis grown in a hemp
production area identified in a grower application or later identified to the
Department as a hemp production area is subject to sampling and testing by the
Department or its designee.
(6) A
grower that stores cannabis grown pursuant to a medical marijuana grower
registration or under ORS
475C.305 must ensure that the
harvested cannabis is segregated from its harvested industrial hemp. The grower
must:
(a) Comply with the storage requirements
in OAR 603-048-0540;
(b) Label all
cannabis harvested from plants grown pursuant to a medical marijuana grower
registration or under ORS
475C.305 with the following:
(A) Identify the cannabis as grown pursuant
to a medical marijuana grower registration or as cannabis from a "personal
grow";
(B) The date the cannabis
was harvested.
Notes
Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348
Statutes/Other Implemented: ORS 571.260-571.348
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