Or. Admin. Code § 845-025-7700 - Transportation and Delivery of Marijuana Items
(1) Marijuana
items transferred by licensees.
(a) Marijuana
items transferred between licensed premises may only be transported by:
(A) A licensee or licensee representative of
the originating license or another license under common ownership;
(B) A licensee or licensee representative of
the receiving license; or
(C) A
wholesale licensee or wholesale licensee representative on behalf of the
originating or receiving licensee.
(b) Marijuana items transferred by a licensee
to a PRMG or to the residence of a registry identification cardholder or
designated primary caregiver may only be transported by the originating
licensee or a licensee representative of the originating licensee.
(c) Samples of marijuana items that are
obtained by a laboratory licensee pursuant to OAR
333-007-0360 may only be
transported by the laboratory licensee or a laboratory licensee representative
of the receiving laboratory.
(2) Physical transport requirements for
licensees.
(a) An individual authorized to
transport marijuana items on behalf of a licensee or laboratory licensee must
have a valid driver license.
(b) A
licensee or laboratory licensee must:
(A)
Store marijuana items in the delivery vehicle within a locked, secured area,
shielded from view from the exterior of the vehicle;
(B) When transporting perishable marijuana
items, provide appropriate temperature control within the transport
vehicle;
(C) Use a delivery vehicle
that is equipped with an alarm system and is insured at or above the legal
requirements in Oregon;
(D) Deliver
marijuana items to all destinations and return any remaining marijuana items to
the origin premises within 60 hours of original departure;
(E) Document all overnight stops in the
planned route of the manifest and include the address, estimated arrival time
at, and estimated departure time from the location of each overnight
stop;
(F) Package all marijuana
items for transport in shipping containers and assign and affix a UID tag to
all receptacles containing marijuana items as required by these
rules;
(G) Provide a copy of the
manifest to each location receiving the inventory described on the manifest,
but may prepare a separate CTS manifest for each receiving location in order to
maintain transaction confidentiality;
(H) Contact the Commission immediately, or as
soon as possible under the circumstances, if a vehicle transporting marijuana
items is involved in any accident or other situation involving product
loss;
(I) Travel directly from the
originating location to the destination location as described in the manifest
route;
(J) Notify the Commission in
advance of every stop at an unlicensed location that exceeds two hours in
duration and is not already listed in the manifest route; and
(K) Immediately make the vehicle and its
contents available for inspection upon the Commission's request if the delivery
vehicle is stopped at an unlicensed location.
(c) A licensee or laboratory licensee may
not:
(A) Make any unnecessary stops in between
the originating and destination locations except to other licensed premises
receiving inventory as described on the manifest;
(B) Remove the marijuana items from the
vehicle until they arrive at the destination recorded in the manifest.
Licensees or laboratory licensees may not transfer marijuana items to, nor
store marijuana items in a hotel or any other unlicensed premises;
(C) Except as allowed in section (8) of this
rule, void or change a manifest after departing the originating premises;
or
(D) Travel with any persons not
listed on the manifest.
(3) CTS Manifest General Requirements.
(a) Prior to removing a marijuana item from
the originating location for the purposes of transport or delivery, the
originating licensee, laboratory licensee, grow site administrator, medical
marijuana processing site, or medical marijuana dispensary must use CTS to
generate a printed transport manifest containing the following information:
(A) The originating location's license number
and address as it appears in CTS;
(B) The destination location's license number
and address as it appears in CTS;
(C) The UID, product name, and quantity (by
weight or unit as applicable) of each marijuana item;
(D) The actual date and estimated time of
departure;
(E) Location and
duration of time for any overnight stop;
(F) The arrival date and estimated time of
arrival or completion of delivery;
(G) The delivery vehicle make, model, and
license plate number; and
(H) The
name, contact information, worker permit number and signature of the individual
accompanying the transport.
(b) A physical, printed copy of the generated
manifest must accompany every transport of marijuana items.
(c) An originating licensee transporting
marijuana items to a retailer licensee must generate a manifest at least 24
hours in advance of initiating transport, if the marijuana items being
transported exceed:
(A) 25 pounds of usable
marijuana;
(B) One pound of
cannabinoid concentrate or extract; or
(C) 1,000 units of sale of any individual
cannabinoid product.
(d)
Notwithstanding subsection (b) of this section, a manifest is not required for
a sales transaction or transfer of marijuana to a consumer, patient, or
caregiver when the physical transfer of the marijuana occurs at the premises of
a licensed retailer or at a medical marijuana dispensary.
(4) CTS Manifest Requirements for Transports
to Consumers. When transporting marijuana items to a consumer as allowed by
these rules, the manifest must include:
(a)
The information required on the manifest by subsection (3)(a) of this rule,
except for a destination location license number;
(b) The name of the individual receiving the
marijuana item;
(c) The address of
the destination; and
(d) All
information for the manifest required under OAR
845-025-2880.
(5) CTS Manifest Requirements for
Transfers to PRMGs, Registry Identification Cardholders, or Designated Primary
Caregivers.
(a) Prior to transferring
marijuana items to a PRMG, registry identification cardholder, or designated
primary caregiver, a licensee, grow site administrator, medical marijuana
processing site, or medical marijuana dispensary must use CTS to generate a
printed transport manifest containing:
(A) The
information required on a manifest by subsection (3)(a) of this rule, except
for a destination location license number;
(B) The name of the individual receiving the
marijuana item;
(C) The address of
the destination, if the delivery is not completed at the originating
location;
(D) If delivered to a
registry identification cardholder, the registry identification card
number;
(E) If delivered to a
designated primary caregiver on behalf of a patient, designated primary
caregiver identification card; and
(F) If delivered to a PRMG, the marijuana
grower and grow site registration card number of the PRMG.
(b) A licensee, grow site administrator,
medical marijuana processing site, or medical marijuana dispensary transporting
marijuana to individuals or locations not in CTS must record whether each
marijuana item was accepted by the recipient or rejected and returned to the
originating location inventory, and if accepted, record the transport as
complete in CTS.
(6) CTS
Requirements when Receiving from Locations in CTS. Upon receipt of a delivery
of marijuana items, the receiving licensee, laboratory licensee, grow site
administrator, medical marijuana processing site, or medical marijuana
dispensary must:
(a) Record each applicable
UID as accepted and received or rejected in CTS as applicable;
(b) Verify the marijuana items received are
as described on the manifest and record receipt of the marijuana items in CTS
if accepted; and
(c) Separately and
for each UID, document any differences between the quantities specified on the
manifest and the quantities received in CTS.
(7) CTS Requirements when Receiving from
Locations Not in CTS. When receiving marijuana items from a source not subject
to CTS tracking but otherwise allowed by these rules or OAR chapter 333,
division 8, a licensee, grow site administrator, medical marijuana processing
site, or medical marijuana dispensary must:
(a) Use CTS to record an incoming manifest
including the registry identification card number, designated primary caregiver
identification card number, or grow site registration card number, as
applicable;
(b) Assign and affix a
UID tag to each quantity of marijuana items received;
(c) Use CTS to record the incoming transport
no later than the time of daily inventory reconciliation as required by these
rules; and
(d) Verify the marijuana
items received are as described on the manifest and record receipt of the
marijuana items in CTS.
(8) Licensee Transport of Marijuana to
Intermediary Stops. A licensee may remove marijuana items from a manifest after
departing from the originating premises if:
(a) The route of the original manifest lists
the trade name, license number, address, and estimated arrival time for each
licensed premises that will be visited as an intermediary stop;
(b) All marijuana items in the vehicle are
included on a CTS manifest at the time of departure from the originating
premises;
(c) Marijuana items that
are removed from the original manifest at an intermediary stop are immediately
added to a new CTS manifest. The destination license on the new manifest must
be listed on the original manifest route as an intermediary stop;
(d) Changes to the original manifest under
subsection (c) of this section are only made while the marijuana items subject
to the change are physically located within the licensed premises of the
intermediary stop to which they are being transferred; and
(e) The amount of marijuana items being
transported in the vehicle does not exceed:
(A) 25 pounds of usable marijuana;
(B) One pound of concentrate or extract;
or
(C) 1,000 units of sale of any
individual cannabinoid product.
(9) Violations.
(a) A violation of section (1) of this rule
is a Category I violation.
(b) A
violation of sections (2) to (4) of this rule is a Category III
violation.
(c) A violation of
sections (5) to (8) of this rule is a Category IV violation.
Notes
Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093, 475C.097 & 475C.177
Statutes/Other Implemented: ORS 475C.017, 475C.065, 475C.085, 475C.093, 475C.097 & 475C.177
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