Or. Admin. Code § 845-025-1300

Current through Register Vol. 64, No. 1, January 1, 2025

Section 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;

(c) Sell, give, or otherwise make available any marijuana items or hemp items to any person who is visibly intoxicated;

(d) Make false representations or statements to the Commission in order to induce or prevent action by the Commission;

(e) Maintain a noisy, disorderly, or insanitary establishment or supply adulterated marijuana items;

(f) Misrepresent any marijuana item to a customer or to the public;

(g) Sell any marijuana item through a drive-up window;

(h) Deliver or transfer marijuana items to any consumer off the licensed premises or to any unlicensed location except as permitted by OAR 845-025-2500, 845-025-2880, or 845-025-2885;

(i) Sell or offer to sell a marijuana item that does not comply with the minimum standards prescribed by the statutory laws of this state; or

(j) Use or allow the use of a mark or label on the container of a marijuana item that is kept for sale if the container does not precisely and clearly indicate the nature of the container's contents or in any way might deceive a customer as to the nature, composition, quantity, age, or quality of the marijuana item.

(2) No licensee or licensee representative may be under the influence of intoxicants while on duty.

(a) For purposes of this rule "on duty" means:

(A) The beginning of a work shift that involves the handling or sale of marijuana items, checking identification or controlling conduct on the licensed premises, to the end of the shift including all breaks;

(B) For an individual working outside a scheduled work shift, the performance of acts on behalf of the licensee that involve the handling or sale of marijuana items, checking identification, or controlling conduct on the licensed premises, if the individual has the authority to put themselves on duty; or

(C) A work shift that includes supervising those who handle or sell marijuana items, check identification, or control the licensed premises.

(b) Whether a person is paid or scheduled for work is not determinative of whether the person is considered "on duty" under this section.

(3) Violations.

(a) A violation of subsection (1)(a), (1)(d), (1)(f), or (1)(h) to (1)(j) of this rule is a Category I violation.

(b) A violation of subsection (1)(c), (1)(e) or (1)(g) or section (2) of this rule is a Category II violation.

(c) A violation of subsection (1)(b) of this rule is a Category III violation.

Or. Admin. Code § 845-025-1300

OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16; OLCC 6-2016, f. 6-28-16, cert. ef. 6/29/2016; OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017; OLCC 3-2020, amend filed 01/28/2020, effective 2/1/2020; OLCC 51-2022, minor correction filed 03/23/2022, effective 3/23/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023; OLCC 7-2023, amend filed 11/17/2023, effective 1/2/2024

Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097

Statutes/Other Implemented: ORS 475C.229, 475C.233, 475C.237, 475C.245, 475C.329 & 475C.333