Or. Admin. Code § 845-025-2800

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

Section 845-025-2800 - Retailer Privileges; Prohibitions

(1) A retailer is authorized to sell, transfer, or deliver a marijuana item or hemp item to a consumer.

(2) A retailer may:

(a) Between the hours of 7 a.m. and 10 p.m. local time, sell marijuana items and hemp items from the licensed premises to a consumer 21 years of age or older;

(b) Sell, transfer, or deliver:

(A) Marijuana items or hemp items to a consumer 21 years of age or older pursuant to a bona fide order as described in OAR 845-025-2880.

(B) Marijuana items or hemp items to a patient or designated primary caregiver between ages 18-21, so long as:

(i) The registry identification cardholder has a valid OMMP card; and

(ii) The retailer has registered to sell marijuana items for medical purposes as described in OAR 845-025-2900.

(C) Marijuana seeds to a producer.

(D) Marijuana items and hemp items to a retailer under common ownership.

(E) Marijuana waste to a producer, processor, wholesaler, or research certificate holder.

(F) Hemp waste to a wholesaler, processor with an industrial hemp endorsement, or research certificate holder.

(c) Accept or make returns, as long as the retailer:

(A) Only accepts or returns usable marijuana, marijuana items, hemp items, immature marijuana plants, and seeds;

(B) Only accepts or returns eligible items listed in paragraph (A) of this subsection from either the original licensee that supplied the item or the customer or registry identification cardholder that purchased or was given the item;

(C) Accurately records the transaction in the CTS; and

(D) Does not resell any items returned by customers.

(d) Purchase, possess, or receive:

(A) Usable marijuana, immature marijuana plants, seeds, and kief from a producer or from a research certificate holder;

(B) Cannabinoid concentrates from a micro tier producer with a concentrate endorsement issued under OAR 845-025-2025;

(C) Cannabinoid products, cannabinoid extracts, and cannabinoid concentrates from a marijuana producer that were made using only marijuana produced by the producer;

(D) Cannabinoid concentrates, cannabinoid extracts, and cannabinoid products from a processor with an endorsement to manufacture the type of product received or from a research certificate holder;

(E) Any marijuana item, except for whole, non-living marijuana plants, from a wholesaler;

(F) Any marijuana item from a laboratory licensee;

(G) Trade samples as allowed by 845-025-1330;

(H) Marijuana items and hemp items from a retailer under common ownership; and

(I) Hemp items from a Commission-certified hemp handler, a wholesaler, a laboratory licensee, or a processor with an industrial hemp endorsement.

(e) Refuse to sell marijuana items or hemp items to a consumer;

(f) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR chapter 333, division 7;

(g) Accept returned marijuana items or hemp items that the retailer sold to a consumer and provide a refund or exchange with a product of equal or lesser value as long as the product is not resold; and

(h) Sell marijuana items for medical purposes, as long as the retailer follows the provisions set forth in 845-025-2900.

(3) Hemp items sold, transferred, or delivered under section (2) of this rule must have been received from a Commission-certified hemp handler, a processor with an industrial hemp endorsement, a wholesaler, or a retailer under common ownership in accordance with these rules.

(4) A retailer may not:

(a) Knowingly sell more than the following amounts to an individual at any one time or within one day:

(A) Two ounces of usable marijuana;

(B) 16 ounces of a cannabinoid product in solid form;

(C) 72 fluid ounces of a cannabinoid product in liquid form;

(D) Five grams of cannabinoid extracts or concentrates;

(E) Five grams of cannabinoid products intended for inhalation;

(F) Four immature marijuana plants; and

(G) 10 marijuana seeds.

(b) Knowingly provide more than the following amounts to registry identification cardholders or designated primary caregivers:

(A) Eight ounces of usable marijuana at any one time or within one day per patient; and

(B) No more than 32 ounces in one calendar month per patient.

(c) Transfer, sell, transport, purchase, possess, accept, return, or receive any hemp item that exceeds the THC limits specified in OAR 845-025-2760.

(d) Transfer, sell, transport, purchase, possess, accept, return, or receive any marijuana item or hemp item containing artificially derived cannabinoids except as allowed under OAR 845-025-1310 and in accordance with sections (2) and (3) of this rule.

(e) Provide free marijuana items to a consumer.

(f) Sell or give away pressurized containers of butane or other materials that could be used in the home production of marijuana extracts.

(g) Sell or give away any non-marijuana items, including hemp items, that are attractive to minors as defined by these rules.

(h) Discount a marijuana item if the retail sale of the marijuana is made in conjunction with the retail sale of any other items, including other marijuana items or hemp items.

(i) Discount a marijuana item contingent on the purchase of a non-marijuana item.

(j) Permit consumers to be present on the licensed premises or sell to a consumer between the hours of 10 p.m. and 7 a.m. local time the following day.

(k) Permit a licensed representative to handle an unpackaged marijuana item or hemp item without the use of protective gloves, tools, or instruments that prevent the marijuana item from coming into contact with the licensed representative's skin.

(l) Sell or transfer a returned marijuana item or hemp item to another consumer.

(m) Sell, transfer, deliver, purchase, possess, accept, return, or receive any marijuana item or hemp item other than as provided in this rule.

(n) Permit a consumer to open or alter a package containing a marijuana item or hemp item or otherwise remove a marijuana item or hemp item from packaging required by these rules within the licensed premises or in an area that the licensee controls.

(o) Permit a consumer to bring marijuana items or hemp items onto the licensed premises except for being returned for refund or exchange as allowed by this rule.

(p) Sell a marijuana item to an individual that exceeds the concentration limits in OAR 845-026-0210 and 845-026-0220.

(q) Sell any item not allowed under OAR 845-025-3220 or any of the following items:

(A) Pet or animal food, treats, or other pet or animal products containing hemp or marijuana;

(B) Injectable marijuana items or hemp items; or

(C) Any other marijuana items not meant for human consumption or use.

(r) Impose or collect a tax on the retail sale of a marijuana item to a patient or designated primary caregiver who is purchasing a marijuana item for a registry identification cardholder.

(s) Prior to the application of a discount or the retail marijuana tax, require a registry identification cardholder to pay a higher price for the same marijuana item than is charged to a person without a registry identification card.

(t) Process marijuana items.

(u) Produce marijuana.

(5) Notwithstanding paragraph (2)(c)(B) of this rule, a retailer may transfer its entire inventory of marijuana items and hemp items to a single wholesaler if all requirements in OAR 845-025-7700 are met.

(6) Violations.

(a) A violation of subsection (2)(d), (4)(a) to (4)(d), (4)(t), or (4)(u) or section (3) of this rule is a Category II violation.

(b) A violation of subsection (2)(a) or paragraph (2)(b)(A) or (2)(b)(B) of this rule is a Category II(b) violation.

(c) A violation of paragraph (2)(b)(C) to (2)(b)(F) or subsection (2)(c), (2)(e) to (2)(h), (4)(e) to (4)(o), or (4)(q) to (4)(s) of this rule is a Category III violation.

(d) A violation of subsection (4)(p) of this rule is assessed as described in OAR 845-025-8590(3)(b)(B).

Or. Admin. Code § 845-025-2800

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 9-2016(Temp), f. 6-28-16, cert. ef. 6-30-16 thru 12-26-16; OLCC 22-2016, f. 12-22-16, cert. ef. 12/27/2016; OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017; OLCC 10-2018, temporary amend filed 08/23/2018, effective 08/24/2018 through 12/27/2018; OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018; OLCC 3-2019, amend filed 02/25/2019, effective 3/1/2019; OLCC 3-2020, amend filed 01/28/2020, effective 2/1/2020; OLCC 7-2020, temporary amend filed 03/22/2020, effective 03/22/2020 through 09/17/2020; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 94-2022, minor correction filed 03/24/2022, effective 3/24/2022; 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, ORS 475C.097 & 571.336

Statutes/Other Implemented: ORS 475C.017, ORS 475C.097, 571.336 & 475C.674