Or. Admin. Code § 333-008-0550

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

Section 333-008-0550 - General Person Responsible for a Marijuana Grow Site Requirements

(1) A PRMG may not grow marijuana for more than eight patients at any one time.

(2) A PRMG must display a marijuana grow site registration card at the marijuana grow site at all times for each patient for whom marijuana is being produced.

(3) All seeds, immature marijuana plants, mature marijuana plants and usable marijuana associated with the production of marijuana for a patient by a PRMG are the property of the patient and must be provided to the patient or the patient's designated primary caregiver upon the patient's request, unless the patient has assigned a portion of the right to possess the seeds, immature plants and usable marijuana to the PRMG in accordance with ORS 475C.798 and OAR 333-008-0585.

(4) All marijuana produced for a patient must be provided to the patient or designated primary caregiver when the PRMG ceases producing marijuana for the patient, unless the patient has assigned a portion of the right to possess the seeds, immature plants and usable marijuana to the PRMG in accordance with ORS 475C.798.

(5) All usable marijuana associated with the production of marijuana for a patient must be transferred to a marijuana processing site upon the patient's request.

(6) All seeds, immature marijuana plants and usable marijuana associated with the production of marijuana for a patient must be transferred to a medical marijuana dispensary upon the patient's request.

(7) If a patient submits a request to the Authority to change their PRMG or grow site resulting in the removal of the PRMG as a registered PRMG for that patient that PRMG may not be designated to produce marijuana by another patient unless the grow site is authorized to have no more than:

(a) Forty-eight mature marijuana plants;

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

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

(8) A PRMG must return the grow site registration card to the Authority when the person's designation has been terminated by a patient or the person ceases producing marijuana for themself or another patient.

(9) Except for a patient growing only for themself at the patient's residence and not transferring usable marijuana, seeds or immature plants to a registered processing site or dispensary, or a PRMG that produces marijuana at a grow site that is subject to CTS tracking, a PRMG must create an online account with the Authority through which the individual must at a minimum submit the information required in OAR 333-008-0630.

(10) A PRMG must comply with the advertising restrictions in OAR 333-008-2070 and must remove any sign, display or advertisement if the Authority determines the PRMG has violated OAR 333-008-2070.

(11) A PRMG who transfers or sells usable marijuana to a registered processing site or sells or transfers seeds, immature plants or usable marijuana to a registered dispensary or is required to report as outlined in OAR 333-008-0630 or OAR 333-008-0635 must maintain and use a weighing device at the grow site that is licensed by the Oregon Department of Agriculture (ODA). Licensed weighing devices must be used by a PRMG whenever marijuana items are:

(a) Transferred from the PRMG to a registered processing site or dispensary and the transfer is by weight;

(b) Packaged for transfer by weight to a registered processing site or dispensary;

(c) Weighed for purposes of documenting information required in OAR 333-008-0630 for transfers to registered processing sites or dispensaries; or

(d) Weighed for purposes of reporting information required in OAR 333-008-0630 or for the purposes of reporting information into CTS under OAR 333-008-0635.

(12) A PRMG that is required to maintain a weighing device licensed by ODA per these rules must maintain a weighing device at the grow site at all times. PRMGs at a grow site may collectively use one weighing device licensed by ODA. If there is no weighing device licensed by ODA at a grow site all PRMGs registered at the grow site will be in violation of this rule.

(13) A PRMG may only use pesticides in accordance with ORS chapter 634 and OAR chapter 603, division 57.

(14) The Authority may investigate any violation of this rule based on:

(a) A failed pesticide test;

(b) Information provided by any other state agency;

(c) A grow site inspection; or

(d) The receipt of a complaint alleging unlawful pesticide use.

(15) If the Authority determines that a violation of section (12) of this rule has occurred, it may provide information obtained by the Authority to the Oregon Department of Agriculture in accordance with ORS 475C.859(5).

(16) A PRMG must comply with laws pertaining to water use as administered by the Oregon Water Resources Department and shall maintain records as necessary to demonstrate compliance. The PRMG shall provide evidence of a legal source of water to the Oregon Water Resources Department and Oregon Health Authority upon request.

(17) A PRMG must comply with applicable land use and zoning requirements related to the production of marijuana.

(18) A PRMG must obtain a personal agreement from their patient in accordance with OAR 333-008-0585 before transferring usable marijuana, seeds, or immature marijuana plants to a registered dispensary, processing site, or Commission licensed processor or wholesaler, as follows:

(a) For any usable marijuana, seeds, or immature marijuana plants that will be transferred to a registered dispensary or registered processing site, the PRMG must obtain an Authorization to Transfer form as prescribed by the Authority or a personal agreement as described in ORS 475C.798.

(b) For marijuana that will be transferred under ORS 475C.800 to a Commission licensed producer, processor or wholesaler in accordance with OAR chapter 845, division 25 the PRMG must obtain a personal agreement as described in ORS 475C.798.

(c) The authorization to transfer form or personal agreement must be made available to the Authority or Commission upon request.

(d) A model personal agreement form is available on the Authority's website, at healthoregon.org/ommp.

(e) A PRMG may only possess and transfer usable marijuana, seeds or immature plants transferred from a patient in accordance with ORS 475C.770 to 475C.919

(f) A PRMG may only transfer in accordance with OAR 333-008-0590.

(19) Failure to comply with the return, transfer, or documentation requirements in this rule is a violation and may result in further enforcement action or the denial of future applications or designations.

Or. Admin. Code § 333-008-0550

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 9-2017, f. 5-26-17, cert. ef. 5/31/2017; PH 29-2017, amend filed 12/22/2017, effective 1/1/2018; PH 130-2018, 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 77-2022, minor correction filed 05/25/2022, effective 5/25/2022

Statutory/Other Authority: ORS 475C.792 - 475C.806 & 475C.919

Statutes/Other Implemented: ORS 475C.792 - 475C.806