Or. Admin. Code § 845-025-2800 - Retailer Privileges; Prohibitions
(1) A retailer
is authorized to sell, transfer, or deliver a marijuana item or hemp item to a
consumer.
(2) A retailer may:
(a) Between the hours of 7 a.m. and 10 p.m.
local time, sell marijuana items and hemp items from the licensed premises to a
consumer 21 years of age or older;
(b) Sell, transfer, or deliver:
(A) Marijuana items or hemp items to a
consumer 21 years of age or older pursuant to a bona fide order as described in
OAR 845-025-2880.
(B) Marijuana items or hemp items to a
patient or designated primary caregiver between ages 18-21, so long as:
(i) The registry identification cardholder
has a valid OMMP card; and
(ii) The
retailer has registered to sell marijuana items for medical purposes as
described in OAR 845-025-2900.
(C) Marijuana seeds to a producer.
(D) Marijuana items and hemp items to a
retailer under common ownership.
(E) Marijuana waste to a producer, processor,
wholesaler, or research certificate holder.
(F) Hemp waste to a wholesaler, processor
with an industrial hemp endorsement, or research certificate holder.
(c) Accept or make returns, as
long as the retailer:
(A) Only accepts or
returns usable marijuana, marijuana items, hemp items, immature marijuana
plants, and seeds;
(B) Only accepts
or returns eligible items listed in paragraph (A) of this subsection from
either the original licensee that supplied the item or the customer or registry
identification cardholder that purchased or was given the item;
(C) Accurately records the transaction in the
CTS; and
(D) Does not resell any
items returned by customers.
(d) Purchase, possess, or receive:
(A) Usable marijuana, immature marijuana
plants, seeds, and kief from a producer or from a research certificate
holder;
(B) Cannabinoid
concentrates from a micro tier producer with a concentrate endorsement issued
under OAR 845-025-2025;
(C) Cannabinoid products, cannabinoid
extracts, and cannabinoid concentrates from a marijuana producer that were made
using only marijuana produced by the producer;
(D) Cannabinoid concentrates, cannabinoid
extracts, and cannabinoid products from a processor with an endorsement to
manufacture the type of product received or from a research certificate
holder;
(E) Any marijuana item,
except for whole, non-living marijuana plants, from a wholesaler;
(F) Any marijuana item from a laboratory
licensee;
(G) Trade samples as
allowed by 845-025-1330;
(H) Marijuana items and hemp items from a
retailer under common ownership; and
(I) Hemp items from a Commission-certified
hemp handler, a wholesaler, a laboratory licensee, or a processor with an
industrial hemp endorsement.
(e) Refuse to sell marijuana items or hemp
items to a consumer;
(f) Allow a
laboratory licensee to obtain samples for purposes of performing testing as
provided in these rules and OAR chapter 333, division 7;
(g) Accept returned marijuana items or hemp
items that the retailer sold to a consumer and provide a refund or exchange
with a product of equal or lesser value as long as the product is not resold;
and
(h) Sell marijuana items for
medical purposes, as long as the retailer follows the provisions set forth in
845-025-2900.
(3) Hemp items sold, transferred, or
delivered under section (2) of this rule must have been received from a
Commission-certified hemp handler, a processor with an industrial hemp
endorsement, a wholesaler, or a retailer under common ownership in accordance
with these rules.
(4) A retailer
may not:
(a) Knowingly sell more than the
following amounts to an individual at any one time or within one day:
(A) Two ounces of usable marijuana;
(B) 16 ounces of a cannabinoid product in
solid form;
(C) 72 fluid ounces of
a cannabinoid product in liquid form;
(D) Five grams of cannabinoid extracts or
concentrates;
(E) Five grams of
cannabinoid products intended for inhalation;
(F) Four immature marijuana plants;
and
(G) 10 marijuana
seeds.
(b) Knowingly
provide more than the following amounts to registry identification cardholders
or designated primary caregivers:
(A) Eight
ounces of usable marijuana at any one time or within one day per patient;
and
(B) No more than 32 ounces in
one calendar month per patient.
(c) Transfer, sell, transport, purchase,
possess, accept, return, or receive any hemp item that exceeds the THC limits
specified in OAR 845-025-2760.
(d) Transfer, sell, transport, purchase,
possess, accept, return, or receive any marijuana item or hemp item containing
artificially derived cannabinoids except as allowed under OAR
845-025-1310 and in accordance
with sections (2) and (3) of this rule.
(e) Provide free marijuana items to a
consumer.
(f) Sell or give away
pressurized containers of butane or other materials that could be used in the
home production of marijuana extracts.
(g) Sell or give away any non-marijuana
items, including hemp items, that are attractive to minors as defined by these
rules.
(h) Discount a marijuana
item if the retail sale of the marijuana is made in conjunction with the retail
sale of any other items, including other marijuana items or hemp
items.
(i) Discount a marijuana
item contingent on the purchase of a non-marijuana item.
(j) Permit consumers to be present on the
licensed premises or sell to a consumer between the hours of 10 p.m. and 7 a.m.
local time the following day.
(k)
Permit a licensed representative to handle an unpackaged marijuana item or hemp
item without the use of protective gloves, tools, or instruments that prevent
the marijuana item from coming into contact with the licensed representative's
skin.
(l) Sell or transfer a
returned marijuana item or hemp item to another consumer.
(m) Sell, transfer, deliver, purchase,
possess, accept, return, or receive any marijuana item or hemp item other than
as provided in this rule.
(n)
Permit a consumer to open or alter a package containing a marijuana item or
hemp item or otherwise remove a marijuana item or hemp item from packaging
required by these rules within the licensed premises or in an area that the
licensee controls.
(o) Permit a
consumer to bring marijuana items or hemp items onto the licensed premises
except for being returned for refund or exchange as allowed by this
rule.
(p) Sell a marijuana item to
an individual that exceeds the concentration limits in OAR
845-026-0210 and
845-026-0220.
(q) Sell any item not allowed under OAR
845-025-3220 or any of the
following items:
(A) Pet or animal food,
treats, or other pet or animal products containing hemp or marijuana;
(B) Injectable marijuana items or hemp items;
or
(C) Any other marijuana items
not meant for human consumption or use.
(r) Impose or collect a tax on the retail
sale of a marijuana item to a patient or designated primary caregiver who is
purchasing a marijuana item for a registry identification cardholder.
(s) Prior to the application of a discount or
the retail marijuana tax, require a registry identification cardholder to pay a
higher price for the same marijuana item than is charged to a person without a
registry identification card.
(t)
Process marijuana items.
(u)
Produce marijuana.
(5)
Notwithstanding paragraph (2)(c)(B) of this rule, a retailer may transfer its
entire inventory of marijuana items and hemp items to a single wholesaler if
all requirements in OAR
845-025-7700 are met.
(6) Violations.
(a) A violation of subsection (2)(d), (4)(a)
to (4)(d), (4)(t), or (4)(u) or section (3) of this rule is a Category II
violation.
(b) A violation of
subsection (2)(a) or paragraph (2)(b)(A) or (2)(b)(B) of this rule is a
Category II(b) violation.
(c) A
violation of paragraph (2)(b)(C) to (2)(b)(F) or subsection (2)(c), (2)(e) to
(2)(h), (4)(e) to (4)(o), or (4)(q) to (4)(s) of this rule is a Category III
violation.
(d) A violation of
subsection (4)(p) of this rule is assessed as described in OAR
845-025-8590(3)(b)(B).
Notes
Statutory/Other Authority: ORS 475C.017, ORS 475C.097 & 571.336
Statutes/Other Implemented: ORS 475C.017, ORS 475C.097, 571.336 & 475C.674
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