Or. Admin. Code § 845-025-1335

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

Section 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 requirements for promotional events.

(2) Definitions.

(a) "Approved area" means the area approved by the Commission to display and store marijuana items.

(b) "Event organizer" means a person licensed under ORS 475C.005 to 475C.525 who submits a promotional event application and serves as the primary contact with the Commission.

(c) "Participating licensee" means a person licensed under ORS 475C.005 to 475C.525 who has been named as a participant in a promotional event application.

(d) "Promotional event" means an event or trade show at which marijuana items are displayed.

(3) Event Organizer.

(a) One participating licensee listed on the application must be identified as the event organizer. Participating licensees and the event organizer may be charged with any violations of this rule.

(b) Event Organizers must:

(A) Receive approval from the Commission prior to the event date that specifies all approved participating licensees;

(B) Update and maintain the application;

(C) Verify that all participating licensees' manifests accurately reflect the marijuana items and hemp items that are transported to the promotional event;

(D) Maintain a log of participating licensees' attendance;

(E) Keep a copy of the approved application at the event; and

(F) Be present or designate another license representative to be present during the event.

(4) Promotional events may not be held:

(a) At a location licensed under ORS 475C.005 to 475C.525 or 475C.548; or

(b) In a city or county that has adopted an ordinance to prohibit recreational marijuana businesses.

(5) Promotional events may be held at a location that holds a license under ORS 471, as long as no alcohol beverages are stored or consumed within the approved area.

(6) Approved promotional events allow participating licensees to display:

(a) Marijuana plants from the inventory of the participating licensee;

(b) Marijuana items from the inventory of the participating licensee; and

(c) Hemp items from the inventory of the participating licensee if received, processed, and otherwise in compliance with these rules.

(7) An event organizer or participating licensee may not:

(a) Display any marijuana items or hemp items not in the participating licensee's inventory;

(b) Sell, transfer or distribute any marijuana items or hemp items at the promotional event;

(c) Distribute any samples of marijuana items or hemp items; or

(d) Allow consumption or use of alcohol, or marijuana items, or hemp items of any kind in the approved area.

(8) Transportation and Possession.

(a) Participating licensees may not transport to or possess at the promotional event more than the following amounts:

(A) 24 ounces of usable marijuana;

(B) 4 mature marijuana plants;

(C) 10 immature marijuana plants;

(D) 500 seeds, tracked by count in CTS;

(E) 16 ounces of cannabinoid products in solid form; or

(F) 72 ounces of cannabinoid products in liquid form.

(b) All participating licensees must immediately return all marijuana items and hemp items to their licensed premises after the conclusion of the event.

(9) Promotional event CTS requirements.

(a) All marijuana items or hemp items must be tracked and tagged pursuant to CTS rule requirements.

(b) Each marijuana item or hemp item is required to have the item's associated UID tag affixed to the item or package.

(c) All participating licensees must generate a printed transport manifest in CTS that accompanies all marijuana items or hemp items for the duration of the promotional event that contains the following information:

(A) The name, contact information of a licensee representative, licensed premises address and license number of the licensee transporting the marijuana items or hemp items;

(B) Product name and quantities (by weight or unit) of each marijuana item or hemp item contained in each transport, along with the UIDs for every item;

(C) The date of transport and approximate time of departure;

(D) Date and estimated time when the marijuana items or hemp items will be returned to the licensed premises at the conclusion of the promotional event; and

(E) Delivery vehicle make and model and license plate information.

(d) Failure to properly track marijuana items or hemp items as required in this subsection is a Category III violation. An intentional violation of this rule is a Category II violation.

(10) Application Requirements.

(a) The Commission may refuse to process any application that is not made in writing at least 28 days before the date of the event in a form and manner prescribed by the Commission.

(b) The Commission may only accept one application per promotional event.

(c) The Commission may require additional forms, documents, or information as part of the application.

(d) The Commission may refuse to process any application that is not complete, not accompanied by the documents or disclosures required by the form or the Commission, or that does not allow the Commission sufficient time to investigate and process the application.

(e) The Commission may limit approval of any application to a single day or to any consecutive number of days, not to exceed sixteen consecutive days.

(11) The application for a promotional event under this rule shall include:

(a) The names of all participating licensees;

(b) A description of the amount and types of marijuana items or hemp items proposed to be transported and displayed at the promotional event;

(c) A written control plan that the Commission determines:

(A) Adequately manages the event to prevent unlawful activity and violations; and

(B) Prevents any person under 21 years to be admitted to the areas where marijuana items are present at the event.

(d) The names of the licensee representatives onsite at the promotional event and if applicable, their worker permit numbers issued under OAR 845-025-5500;

(e) Identification of the premises or area proposed for the promotional event;

(f) Statement of the type of event to be licensed, type and extent of entertainment to be offered, expected patronage overall, minor control plan and proposed hours of operation; and

(g) A statement signed by every participating licensee indicating that the licensee agrees to follow the final approved control plan.

(12) Denial. The Commission may deny any application for a promotional event that does not meet the requirements of this rule. The Commission may deny, cancel or restrict an application for a promotional event:

(a) For any reason for which the Commission may deny, cancel or restrict a regular license or if the Commission, in its discretion, determines that promotional event presents a risk to public health and safety; or

(b) If any participating licensee has been found to have violated ORS 475C.005 to 475C.525 or any rules adopted there under in the past 24 months.

(13) When the Commission approves a written control plan required under this rule, the licensee(s) must follow that written plan. Failure to follow that written plan is a Category III violation. An intentional violation of this rule is a Category II violation.

(14) The Commission may immediately revoke authority of any participating licensee to participate in the promotional event if the Commission has reasonable grounds to believe continued operation of the event presents a risk to public health and safety.

(15) A licensee may not participate in a promotional event unless it has been approved by the Commission. Participation in an event where prior approval was required under this rule but was not approved by the Commission is a Category I violation.

Or. Admin. Code § 845-025-1335

OLCC 8-2017(Temp), f. 6-30-17, cert. ef. 7-1-17 thru 12-27-17; OLCC 15-2017, adopt filed 12/22/2017, effective 12/28/2017; OLCC 3-2019, amend filed 02/25/2019, effective 3/1/2019; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 54-2022, minor correction filed 03/23/2022, effective 03/23/2022; OLCC 189-2022, minor correction filed 03/28/2022, effective 3/28/2022

Statutory/Other Authority: ORS 475C.017 & ORS 475C.513

Statutes/Other Implemented: ORS 475C.513