Or. Admin. R. 845-025-2550

Current through Register Vol. 63, No. 9, September 1, 2024

Section 845-025-2550 - Requirements for Producing and Providing Marijuana for Patients

(1) A licensed producer who has been registered by the Commission to produce marijuana for patients must:

(a) Comply with all seed-to-sale tracking requirements required in these rules;

(b) Comply with testing rules in OAR 333-007-0300 to 333-007-0500 applicable to licensee testing of usable marijuana prior to transferring usable marijuana to a patient or the patient's designated primary caregiver and upon request by a patient, provide a patient with a copy of all testing results;

(c) Comply with all applicable testing, labeling and packaging rules when transferring or selling usable marijuana to any licensee of the Commission;

(d) In addition to subsection (a) of this section, use CTS to document the amount of usable marijuana transferred to each patient or designated primary caregiver, the date of the transfer, and the patient or designated primary caregiver's OMMP number;

(e) Provide at least 75 percent of the annual yield of usable marijuana to patients or their designated primary caregivers; and

(f) Generate a manifest in CTS and carry a physical copy of the manifest when delivering usable marijuana to a patient or designated primary caregiver. If a patient or designated primary caregiver is picking up the usable marijuana, the producer must generate a manifest in CTS but a physical copy is not required.

(2) Notwithstanding OAR 845-025-2020(2), a producer registered to produce marijuana for patients may:

(a) Transfer immature marijuana plants, seeds and tissue cultures from the producer's recreational plant stock to the area used for the production of marijuana for patients;

(b) Provide a patient or a designated primary caregiver:

(A) No more than 24 ounces of usable marijuana per patient in any one transfer or in any 24 hour period;

(B) An aggregate amount of three pounds of usable marijuana per patient in a calendar year; or

(C) No more than 12 immature marijuana plants in one transfer or in any 24-hour period.

(c) Provide a PRMG with immature marijuana plants;

(d) Terminate their registration with prior notice to the commission; and

(e) Upon termination, the producer must:

(A) Cease production in the medically designated canopy area; and

(B) Transfer any remaining usable marijuana yielded from the medically designated canopy to either a registry identification cardholder or designated primary caregiver, as allowed by these rules.

(3) May not:

(a) Be compensated for producing or providing marijuana to a patient or the patient's designated primary caregiver;

(b) Transfer more than 25 percent of the total annual yield of usable marijuana from the producer's medically designated canopy to licensees of the Commission; or

(c) Transfer marijuana to a patient or designated primary caregiver other than as described in section (2) of this rule.

(4) A violation of section (3) of this rule is a Category II violation. All other violations are Category III violations.

Or. Admin. R. 845-025-2550

OLCC 4-2017, f. 4-28-17, cert. ef. 5/1/2017; Suspended by OLCC 11-2017(Temp), f. & cert. ef. 8-1-17 thru 12-27-17; OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017; OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018; OLCC 3-2020, amend filed 01/28/2020, effective 2/1/2020; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 85-2022, minor correction filed 03/24/2022, effective 3/24/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023

Statutory/Other Authority: ORS 475C.017 & ORS 475C.137

Statutes/Other Implemented: ORS 475C.017 & ORS 475C.137