Or. Admin. R. 845-025-2880

Current through Register Vol. 63, No. 6, June 1, 2024

Section 845-025-2880 - Delivery of Marijuana Items by Retailer

(1) A marijuana retailer may deliver a marijuana item to a residence in Oregon subject to compliance with this rule. For purposes of this rule, "residence" means a dwelling such as a house or apartment but does not include a dormitory, hotel, motel, bed and breakfast or similar commercial business.

(2) Delivery Approval Process.

(a) The retailer must request approval from the Commission prior to undertaking delivery service of marijuana items, on a form prescribed by the Commission that includes a statement that the retailer:

(A) Understands and will follow the requirements for delivery listed in this rule; and

(B) Has taken steps to ensure the personal safety of delivery personnel, including providing any necessary training.

(b) The retailer must receive written approval from the Commission prior to making any deliveries.

(c) The Commission may refuse to review any request for approval that is not complete and accompanied by the documents or disclosures required by the form.

(d) The Commission may deny a retailer's request for approval to deliver marijuana items if the retailer does not meet the requirements of this or any other pertinent rule. If the Commission denies the request, the retailer has a right to a hearing under the procedures of ORS chapter 183.

(e) The Commission may withdraw approval for delivery service at any time if the Commission finds that the retailer is not complying with this rule, the personal safety of delivery personnel is at risk, the retailer's delivery service has been the target of theft, or the delivery service is creating a public safety risk.

(3) Bona Fide Orders.

(a) A bona fide order must be received by an approved retailer from the individual requesting delivery, before 8:00 p.m. on the day the delivery is requested.

(b) The bona fide order must contain:

(A) The individual requestor's name, date of birth, the date delivery is requested and the address of the residence where the individual would like the items delivered;

(B) A document that describes the marijuana items proposed for delivery and the amounts; and

(C) A statement that the marijuana is for personal use and not for the purpose of resale.

(4) Delivery Requirements.

(a) Deliveries must be made before 9:00 p.m. local time and may not be made between the hours of 9:00 p.m. and 8:00 a.m. local time.

(b) The marijuana retailer may only deliver in a motor vehicle to the individual who placed the bona fide order and only to individuals who are 21 years of age or older.

(c) At the time of delivery the individual performing delivery must check the identification of the individual to whom delivery is being made in order to determine that it is the same individual who submitted the bona fide order. This includes ensuring that the individual:

(A) Is either 21 years of age or older; or

(B) If the individual is age 18-20, that the individual is a current registry identification cardholder; and

(C) Signs a document indicating that the items were received.

(d) A marijuana retailer may not deliver a marijuana item to an individual who is visibly intoxicated at the time of delivery.

(e) Deliveries may not be made more than once per day to the same physical address or to the same individual.

(f) Marijuana items delivered to an individual's residence must:

(A) Comply with the packaging rules in OAR 845-025-7000 to 845-025-7190; and

(B) Be placed in a larger delivery receptacle that has a label that reads: "Contains marijuana: Signature of person 21 years of age or older required for delivery".

(g) A retailer may not carry or transport at any one time more than a total of $10,000 in retail value worth of marijuana items designated for retail delivery.

(h) All marijuana items must be kept in a lock-box securely affixed inside the delivery motor vehicle.

(i) A manifest must be created for each delivery or series of deliveries and the individual doing the delivery may not make any unnecessary stops between deliveries or deviate substantially from the manifest route.

(j) A licensee representative must be able to communicate with the marijuana retailer while making deliveries.

(k) The delivery vehicle must be equipped with an active Global Positioning System.

(5) Documentation Requirements. A marijuana retailer must document the following regarding deliveries:

(a) The bona fide order and the date and time it was received by the retailer;

(b) The date and time the marijuana items were delivered;

(c) A description of the marijuana items that were delivered, including the weight or volume and price paid by the consumer;

(d) Who delivered the marijuana items; and

(e) The name of the individual or the patient or designated primary caregiver's OMMP card number to whom the delivery was made and the delivery address.

(6) A retailer is only required to maintain the name of an individual to whom a delivery was made for one year.

(7) Prohibitions.

(a) A retailer may deliver marijuana items only to a location within:

(A) The city in which the licensee is licensed, if a licensee is located within a city;

(B) Unincorporated areas of the county in which the licensee is licensed, if a licensee is located in an unincorporated city or area within the county; or

(C) The city limit of an adjacent city or unincorporated areas of an adjacent county that has adopted an ordinance allowing for interjurisdictional deliveries from adjacent cities or counties.

(i) For a retailer located within a city, another city is considered adjacent if any part of the city limits are contiguous.

(ii) For a retailer located within a city, a county is considered adjacent if any portion of the city limit of the city in which the retailer is located is contiguous with or contained within the county line.

(iii) For a retailer located within an unincorporated area of a county, a city is considered adjacent if any part of the city limit is contiguous with or contained within the county line of the county in which the retailer is located.

(iv) For a retailer located within an unincorporated area of a county, another county is considered adjacent if any part of the county lines are contiguous.

(b) The delivery vehicle must not have any markings or signage that indicate the vehicle is transporting marijuana. The vehicle may have markings or signage that includes trade name or branding.

(c) A retailer may not deliver marijuana items to a residence located on publicly-owned land.

(8) Medical Delivery Exemption. Notwithstanding the delivery prohibitions in subsection (7)(a) of this rule, a retail licensee may deliver marijuana items to a patient or a patient's designated primary caregiver at an individual's residence in accordance with the other provisions of this rule, if the retailer follows the delivery approval process set forth in section (2) of this rule.

(9) Sanction. A violation of any section of this rule that is not otherwise specified in OAR 845-025-8590 is a Category III violation.

Or. Admin. R. 845-025-2880

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 14-2018, amend filed 12/27/2018, effective 12/28/2018; OLCC 14-2019, minor correction filed 11/04/2019, effective 11/4/2019; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 98-2022, minor correction filed 03/25/2022, effective 3/25/2022

Statutory/Other Authority: ORS 475C.017, 475C.097 & ORS 475C.205

Statutes/Other Implemented: ORS 475C.205