Or. Admin. Code § 333-008-0025

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-008-0025 - Person Responsible for a Marijuana Grow Site Criteria; Grow Site Registration Application Review Process

(1) In order to be a PRMG an individual must:

(a) Be 21 years of age or older.

(b) Not have been convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II:

(A) Within the previous two years; or

(B) More than once.

(2) An applicant is ineligible to be designated as a PRMG if the individual fails to satisfy all of the requirements in section (1) of this rule.

(3) Prior to approval, an applicant must establish with the Authority the entirety of the physical location that corresponds to the grow site address.

(a) A physical location may not be artificially subdivided into separate grow sites with different grow site addresses.

(b) An applicant may submit documentation from the local government to demonstrate that a location is lawfully recognized as a separate occupancy.

(4) The Authority may not designate a grow site if the applicant fails to provide sufficient evidence to establish the entirety of the physical location that corresponds to the grow site address.

(5) The Authority may reevaluate the entirety of the physical location that corresponds to the grow site address of a registered grow site at any time.

(6) A physical location may correspond to only one grow site address.

(7) In addition to the application review required in OAR 333-008-0023 the Authority must:

(a) Conduct a criminal background check on any PRMG.

(b) Verify the PRMG's age.

(c) Verify the zoning of the grow site if the grow site is within city limits.

(d) Determine the number of plants that are permitted at the grow site address.

(8) The Authority may verify that the owner of the grow site location signed the form consenting to the grow site registration submitted pursuant to OAR 333-008-0020(4)(e).

(9) Unless the Authority has received a request for a grandfathered grow site address under OAR 333-008-0500, and except as provided in section (10) of this rule the grow site plant limits are as follows:

(a) For a grow site located within city limits and zoned residential, a maximum of:

(A) Twelve mature marijuana plants;

(B) Twenty-four immature marijuana plants that are 24 inches or more in height; and

(C) Seventy-two immature marijuana plants that are less than 24 inches in height.

(b) For a grow site located within city limits but not zoned residential or outside city limits, a maximum of:

(A) Forty-eight mature marijuana plants;

(B) Ninety-six immature marijuana plants that are 24 inches or more in height; and

(C) Two hundred eighty-eight immature marijuana plants that are less than 24 inches in height.

(10) A grow site located at a patient's residence where the patient or the patient's designated primary caregiver produces marijuana may not have more than 12 mature marijuana plants and 24 immature marijuana plants and cannot be a grandfathered grow site. The marijuana plant numbers include any plants permitted under ORS 475C.305.

(11) The Authority must notify a patient if a PRMG or a grow site fails to satisfy any of the requirements for registration and the patient will be allowed 14 calendar days to identify another PRMG or grow site in accordance with OAR 333-008-0047. If the patient does not identify another PRMG or grow site eligible for registration under these rules the Authority will issue the patient's card without a designated PRMG or grow site.

(12) The Authority shall consider the PRMG and grow site registration portion of the application to be incomplete if:

(a) The grow site registration fee is not paid at the time of application or within 14 calendar days of the Authority notifying the PRMG that payment is due.

(b) An informed consent form is not submitted at the time of application if required by OAR 333-008-0020(4)(e).

Or. Admin. Code § 333-008-0025

PH 18-2005, f. 12-30-05, cert. ef. 1-1-06; PH 15-2007, f. 12-19-07, cert. ef. 1-1-08; PH 8-2011, f. 9-30-11, cert. ef. 10-1-11; PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14; PH 20-2014, f. & cert. ef. 7-11-14; PH 16-2015(Temp), f. & cert. ef. 9-22-15 thru 3-19-16; 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 29-2017, amend filed 12/22/2017, effective 1/1/2018; PH 112-2018, minor correction filed 04/27/2018, effective 4/27/2018; PH 248-2018, amend filed 08/17/2018, effective 8/17/2018; PH 22-2019, amend filed 11/15/2019, effective 1/1/2020; PH 79-2021, amend filed 11/15/2021, effective 1/1/2022; PH 58-2022, minor correction filed 05/10/2022, effective 5/10/2022

Statutory/Other Authority: ORS 475C.792 & 475C.919

Statutes/Other Implemented: ORS 475C.792