Or. Admin. Code § 333-008-0585

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-008-0585 - Personal Agreement

(1) Notwithstanding ORS 475C.792(7), a PRMG may enter into a personal agreement with a patient under which the patient assigns to the PRMG a portion of the right to possess the seeds, immature marijuana plants and usable marijuana that are the property of the patient.

(2) A personal agreement described in section (1) of this rule may only be between a patient and the PRMG designated to produce marijuana on their behalf.

(3) A personal agreement described in section (1) must be agreed to in writing by both the patient and the PRMG using either:

(a) The personal agreement form provided by the Authority at www.healthoregon.org/ommp; or

(b) Another document that includes the same information included in the form described in subsection (a) of this section including but not limited to:

(A) Patient name, phone number, registry identification card number and the card's expiration date;

(B) PRMG name, phone number, OMMP identification card number, the card's expiration date, and grow site address;

(C) The amount or quantity with the unit of measure of the marijuana items assigned to the PRMG. Marijuana items must be specified as usable marijuana, seeds, immature plants 24 inches or more in height, and immature plants under 24 inches in height;

(D) A statement that the patient understands that the marijuana items will no longer be the patient's property;

(E) The date the agreement expires that is on or before the expiration of the patient's registry identification card;

(F) Patient's and PRMG's signature; and

(G) Whether and under what terms the agreement may be revoked.

(4) A personal agreement is not transferable.

(5) A personal agreement does not continue upon renewal of a patient's registry identification card. A patient may enter into a new personal agreement upon renewing their OMMP registration.

(6) Marijuana in the PRMG's possession pursuant to a personal agreement is subject to all of the restrictions and requirements of ORS chapter 475C and these rules, including but not limited to the following:

(a) Marijuana may only be stored at the grow site where the PRMG is designated to produce marijuana for the patient;

(b) A PRMG may only make transfers of marijuana in accordance with OAR 333-008-0590.

(7) The patient and PRMG must both retain a copy of the personal agreement.

(a) The PRMG must maintain a copy of the personal agreement at the grow site.

(b) The patient and the PRMG must make the personal agreement available to the Authority or Commission upon request.

(c) The patient and the PRMG must keep the personal agreement on file for at least three years.

Or. Admin. Code § 333-008-0585

PH 22-2019, adopt filed 11/15/2019, effective 1/1/2020; PH 81-2022, minor correction filed 05/25/2022, effective 5/25/2022

Statutory/Other Authority: ORS 475C.919, ORS 475C.798, ORS 475C.806 & ORS 475C.809

Statutes/Other Implemented: ORS 475C.798, ORS 475C.806 & ORS 475C.809