Chapter 845-025

845-025-1045 True Name on Application; Interest in Business (1) True name on application. An application for a license must specify the real and true names of all individuals and legal entities required to be disclosed in the application under OAR 845-025-1030 and this rule. (2) …

845-025-1060 Fees (1) At the time of initial license or certificate application an applicant must pay a $250 non-refundable application fee. (2) If the Commission approves an application and grants an annual license, the following fees must be paid, prorated for an initial licens…

845-025-1070 Late Renewal Fees (1) If the Commission receives a completed license or certificate renewal application less than 20 days before the date the existing license or certificate expires, the Commission will charge a late renewal fee of $150 for licenses and certificates.…

845-025-1080 Criminal Background Checks (1) If an individual is required by the Commission to undergo a criminal background check, the individual must provide to the Commission: (a) A criminal background check request form, prescribed by the Commission that includes but is not li…

845-025-1090 Application Review (1) Once the Commission has determined that an application is complete it must review the application to determine compliance with ORS chapter 475C and these rules. (2) The Commission: (a) Must receive a land use compatibility statement from the ci…

845-025-1100 Approval of Application and Issuance of License (1) If the Commission determines that an applicant is in compliance with ORS 475C.017 to 475C.289 and these rules the Commission must notify the applicant in writing that the application has been approved and after paym…

845-025-1115 Denial of Application (1) The Commission must deny an initial or renewal application if: (a) An applicant is under the age of 21. (b) The applicant’s land use compatibility statement shows that the proposed land use is prohibited in the applicable zone, if a land use…

845-025-1130 Withdrawal of Application An applicant may withdraw an initial or renewal application at any time prior to the Commission acting on the application unless the Commission has determined that the applicant submitted false or misleading information in which case the Com…

845-025-1131 Application Submission Deadlines (1) All license applications submitted on or before January 1, 2022 through the Commission’s online licensing system with the nonrefundable application fee will be held until the application is assigned to a Commission staff member. (…

845-025-1132 Prohibited Changes to License Applications (1) The Commission will not allow changes of ownership of an application after submission of an application for licensure. (2) For purposes of this rule, “change of ownership” is defined as: (a) Adding or replacing an applic…

845-025-1135 Application Processing Deadlines (1) For the purposes of this rule, “complete the application process” means an applicant has submitted all fees, forms, documents, and information required under OAR 845-025-1030 that are necessary to act on an application and the pro…

845-025-1145 Communication With Commission (1) If an applicant or licensee is required to or elects to submit anything in writing to the Commission, unless otherwise prescribed by the Commission, the online platform maintained by the Commission is the primary method for communica…

845-025-1160 Notification of Changes (1) An applicant, licensee, or laboratory licensee must notify the Commission in writing within 10 calendar days of any of the following: (a) A change in any contact information for anyone listed in an application or subsequently identified as…

845-025-1165 Change of Business Structure (1) For the purposes of this rule, “change of business structure:” (a) Means a change in a licensee’s or laboratory licensee’s ownership structure by adding an individual or legal entity who meets the qualifications of an applicant as des…

845-025-1170 Change of Ownership (1) For the purposes of this rule, “change of ownership”: (a) Means a licensee or laboratory licensee proposes to: (A) Add a licensee of record; (B) Replace a current licensee of record; or (C) Change its ownership structure such that natural pers…

845-025-1175 Changing, Altering, or Modifying Licensed Premises (1) The Commission issues licenses with the expectation that the licensee will operate the business as proposed at the time of licensing. A licensee may not make any physical changes to the licensed premises that mat…

845-025-1180 Change of Location (1) For the purposes of this rule, “change of location” means a transfer of a license or laboratory license from the premises for which the license or laboratory license is currently issued to another premises that does not include any part of the …

845-025-1190 License Renewal (1) A licensee must annually submit a renewal application and the applicable fees regardless of whether the Commission has acted on a previous renewal application. A research certificate holder must submit a renewal application and the applicable rene…

845-025-1200 Financial and Business Records (1) In addition to any other recordkeeping requirements in these rules, a licensee or laboratory licensee must have and maintain records that clearly reflect all financial transactions and the financial condition of the business. The fo…

845-025-1215 Standardized Scales (1) A licensee shall use an Oregon Department of Agriculture licensed weighing device as defined in ORS chapter 618 and OAR chapter 603, division 27: (a) Whenever marijuana items are bought and sold by weight; (b) Whenever marijuana items are pack…

845-025-1230 Licensed Premises Restrictions and Requirements (1) A licensed premises may not be located: (a) On federal property; or (b) Such that any portion of the premises overlaps or would overlap any of the following: (A) A medical marijuana processing site registered under …

845-025-1245 Signage (1) A licensee must post: (a) At every licensed premises signs that read: (A) “No Minors Permitted Anywhere on This Premises”; and (B) “No On-Site Consumption of Marijuana”; and (b) At all areas of ingress or egress to a limited access area a sign that reads:…

845-025-1260 Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative, or a Secured Party (1) The Commission may issue a temporary authority to operate a licensed business to a trustee, the receiver of an insolvent or bankrupt lic…

845-025-1275 Closure of Business (1) A license expires upon death of a licensee unless the Commission issues an order as described in subsection (2) of this rule. (2) The Commission may issue an order providing for the manner and condition under which: (a) Marijuana items left by…

845-025-1290 Licensee Responsibility A licensee or laboratory licensee is responsible for: (1) The violation of any administrative rule of the Commission; any provision of ORS chapter 475C affecting the license privileges of a licensee or laboratory licensee. (2) Any act or omiss…

845-025-1295 Local Ordinances (1) The Commission may impose a civil penalty or suspend any license for failure to comply with an ordinance adopted by a city or county pursuant ORS 475C.449 if the city or county: (a) Has provided the licensee with due process substantially similar…

845-025-1300 Licensee Prohibitions (1) A licensee may not: (a) Import into this state or export from this state any marijuana items; (b) Give marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or game of skill, or competition of any kind; …

845-025-1310 Artificially Derived Cannabinoids (1) A licensee may transfer, sell, transport, purchase, possess, accept, return, or receive an artificially derived cannabinoid, including an artificially derived cannabinoid created by a refinement process using a reactive material …

845-025-1330 Trade Samples (1) For the purposes of this rule: (a) “Process lot”: (A) Has the meaning given that term in OAR 845-025-1015; and (B) Means a production batch as that term is used in ORS 475C.211. (b) “Unit” means a packaged item subject to the concentration and servi…

845-025-1335 Marijuana Promotional Events (1) Eligibility. ORS 475C.513 allows businesses licensed by the Commission under ORS 475C.005 to 475C.525 to transport marijuana items to and exhibit marijuana items at a trade show or similar event. This rule sets the qualifications and …

845-025-1400 Security Plans (1) An applicant must have a security plan. The Commission will not conduct any pre-licensing inspection under OAR 845-025-1090(5) until it has approved an applicant’s security plan. (2) The Commission must notify an applicant in writing whether the se…

845-025-1405 Security Waivers (1) An applicant or licensee may, in writing, request that the Commission waive one or more of the security requirements described in OAR 845-025-1400 to 845-025-1470 by submitting a security waiver request for Commission approval. The waiver request…

845-025-1410 Security Requirements (1) A licensee is responsible for the security of all marijuana items on the licensed premises or in transit, including providing adequate safeguards against theft or diversion of marijuana items and records that are required to be kept. (2) The…

845-025-1420 Alarm System (1) A licensed premises must have a fully operational security alarm system, activated at all times when the licensed premises is closed for business. (2) The security alarm system for the licensed premises must: (a) Be able to detect unauthorized entry …

845-025-1430 Video Surveillance Equipment (1) A licensed premises must have a fully operational video surveillance recording system. (2) Video surveillance equipment must, at a minimum: (a) Consist of: (A) Digital or network video recorders; (B) Cameras capable of meeting the req…

845-025-1440 Required Camera Coverage and Camera Placement (1) A licensed premises must have camera coverage, as applicable, for: (a) All points of ingress and egress to and from the licensed premises; (b) All limited access areas as that term is defined in OAR 845-025-1015; (c) …

845-025-1450 Video Recording Requirements for Licensed Facilities (1) A licensee must have cameras that continuously record, 24 hours a day: (a) In all areas where mature marijuana plants, immature marijuana plants, usable marijuana, cannabinoid concentrates, extracts, products o…

845-025-1460 Location and Maintenance of Surveillance Equipment (1) A licensee must: (a) Have the surveillance room or surveillance area in a limited access area; and (b) Have the surveillance recording equipment housed in a designated, locked, and secured room or other enclosure…

845-025-1470 Producer Security Requirements (1) A producer must effectively prevent public access to all areas of the licensed premises used in the production of marijuana. In addition to the security requirements in OAR 845-025-1400 to 845-025-1460, a producer’s approved securit…

845-025-1600 State and Local Safety Inspections (1) All marijuana licensees may be subject to inspection of licensed premises by state or local government officials to determine compliance with state or local health and safety laws. (2) A licensee must contact any utility provide…

845-025-1620 General Sanitary Requirements (1) A marijuana licensee must: (a) Prohibit an individual from working on a licensed premises, until the condition is corrected, who has or appears to have: (A) An open or draining skin lesion unless the individual wears an absorbent dre…

845-025-2000 Canopy Definitions As used in OAR 845-025-2000 to 845-025-2080: (1) “Mature Canopy” means the surface area which may be utilized to produce mature marijuana plants calculated in square feet and measured using the outside boundaries of any area that includes mature ma…

845-025-2020 Producer Privileges; Prohibitions (1) A producer may: (a) Possess, plant, cultivate, grow, harvest, and dry marijuana in the manner approved by the Commission and consistent with ORS chapter 475C and these rules. (b) Engage in indoor or outdoor production of marijuan…

845-025-2025 Micro Tier Processing Privileges; Prohibitions (1) In addition to the privileges in OAR 845-025-2020, Micro Tier I and Micro Tier II producer licensee may process marijuana concentrates, as long as: (a) The process involves separating cannabinoids from marijuana by: …

845-025-2030 Licensed Premises of Producer (1) The licensed premises of a producer includes all public and private areas used in the business operated at the location. (2) A producer may not engage in any privileges of the license within a residence. This includes adding a reside…

845-025-2040 Production Size Limitations (1) Definitions. For the purposes of this rule: (a) “Mixed production” means a producer who has the privilege to grow marijuana both indoors and outdoors at the same licensed premises. (b) “Producer type” means indoor production, outdoor p…

845-025-2045 Propagation Endorsement (1) A producer licensee may apply for a propagation endorsement in order to grow additional immature marijuana plant canopy as defined by these rules. (2) Application. A producer applying for an endorsement under this rule must attest that add…