Or. Admin. R. 845-025-2885

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

Section 845-025-2885 - On-Site Delivery of Marijuana by Retailer

(1) Notwithstanding OAR 845-025-2880, a retailer may deliver a bona fide order to an individual who is on-site but outside of the store, such as to the retailer's parking lot or the front entrance.

(2) "On-site" means an area within 150 feet of the boundary of the retail licensee's licensed premises.

(3) Bona Fide Orders for On-Site Delivery.

(a) A bona fide order must be received by a retailer from the individual requesting delivery.

(b) The bona fide order must contain:

(A) The individual requestor's name, date of birth, and the date delivery is requested; and

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

(4) On-Site Delivery Requirements.

(a) A retailer may only make an on-site delivery during regular business hours and between the hours of 7:00 AM and 10:00 PM local time.

(b) Delivery may only occur within 150 feet of the boundary of the licensee's premises.

(c) At the time of on-site delivery, the licensee or licensee representative delivering marijuana items to the customer must check the identification of the individual to whom delivery is being made in compliance with OAR 845-025-2820 in order to determine that the identification matches the individual who submitted the bona fide order. This includes, but is not limited to, ensuring that the individual:

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

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

(d) A retailer may not allow a marijuana item to be purchased by an individual who is visibly intoxicated at the time of pick-up.

(e) Marijuana items being delivered to an individual must comply with the packaging and labeling rules in OAR 845-025-7000 to 845-025-7190.

(f) A retailer licensee or licensee representative must accurately record all on-site delivery sales in CTS in the same manner as a non-delivery sales transaction pursuant to OAR 845-025-7580(5).

(5) A licensee or licensee representative may not allow on-site delivery to occur on any federal public land within 150 feet of the licensed premises. Retailers should comply with any time, place and manner ordinances imposed by a local government.

(6) 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. 845-025-2885

OLCC 7-2020, temporary adopt filed 03/22/2020, effective 03/22/2020 through 09/17/2020; OLCC 19-2020, adopt filed 09/15/2020, effective 9/18/2020; OLCC 99-2022, minor correction filed 03/25/2022, effective 3/25/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023

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

Statutes/Other Implemented: ORS 475C.205 & E.O. 20-07