Division 25 – Applicability & Definitions – Final OLCC Rules

olcc

OREGON LIQUOR CONTROL COMMISSION

DIVISION 25

RECREATIONAL MARIJUANA

GENERAL REQUIREMENTS APPLICABLE TO ALL MARIJUANA LICENSEES

 

845-025-1000
Applicability
(1) A person may not produce, process, store, transport, sell, sample, test, or deliver marijuana for commercial recreational use without a license from the Commission or as otherwise authorized under these rules.
(2) Nothing in these rules exempts a licensee or licensee representative from complying with any other applicable state or local laws.
(3) Licensure under these rules does not protect a person from possible criminal prosecution under federal law.

845-025-1015
Definitions
For the purposes of OAR 845-025-1000 to 845-025-8590, unless otherwise specified, the following definitions apply:
(1) “Adulterated” means to make a marijuana item impure by adding foreign or inferior ingredients or substances. A marijuana item may be considered to be adulterated if:
(a) It bears or contains any poisonous or deleterious substance in a quantity rendering the marijuana item injurious to health, including but not limited to tobacco or nicotine;
(b) It bears or contains any added poisonous or deleterious substance exceeding a safe tolerance if such tolerance has been established;
(c) It consists in whole or in part of any filthy, putrid, or decomposed substance, or otherwise is unfit for human consumption;
(d) It is processed, prepared, packaged, or is held under improper time-temperature conditions or under other conditions increasing the probability of contamination with excessive microorganisms or physical contaminants;
(e) It is processed, prepared, packaged, or held under insanitary conditions increasing the probability of contamination or cross-contamination;
(f) It is held or packaged in containers composed, in whole or in part, of any poisonous or deleterious substance rendering the contents potentially injurious to health;
(g) Any substance has been substituted wholly or in part therefor;
(h) Damage or inferiority has been concealed in any manner; or
(i) Any substance has been added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
(2) “Authority” means the Oregon Health Authority.
(3) “Business day” means Monday through Friday excluding legal holidays.
(4) “Cannabinoid” means any of the chemical compounds that are the active constituents of marijuana.
(5) “Cannabinoid concentrate” means a substance obtained by separating cannabinoids from marijuana by:
(a) A mechanical extraction process;
(b) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or
(c) A chemical extraction process using the solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or
(d) Any other process identified by the Commission, in consultation with the Authority, by rule.
(6) “Cannabinoid edible” means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated.
(7) “Cannabinoid extract” means a substance obtained by separating cannabinoids from marijuana by:
(a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane;
(b) A chemical extraction process using the solvent carbon dioxide, if the process uses high heat or pressure; or
(c) Any other process identified by the Commission, in consultation with the authority, by rule.
(8) Cannabinoid Product
(a) “Cannabinoid product” means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers.
(b) “Cannabinoid product” does not include:
(A) Usable marijuana by itself;
(B) A cannabinoid concentrate by itself;
(C) A cannabinoid extract by itself; or
(D) Industrial hemp, as defined in ORS 571.300.
(9) “Cannabis Tracking System” or “CTS” means the system for tracking the transfer of marijuana items and other information as authorized by ORS 475B.150.

(10) “Common Ownership” means any commonality between individuals or legal entities named as applicants or persons with a financial interest in a license or business proposed to be licensed.

(11) “Compliance transaction” means a single covert, on-site visit in which a Commission authorized representative poses as an authorized representative of a licensee or a consumer and attempts to purchase or purchases a marijuana item from a licensee, or attempts to sell or sells a marijuana item to a licensee.

(12) “Container” means a sealed, hard or soft-bodied receptacle in which a marijuana item is placed prior to being sold to a consumer.

(13) “Contractor” means a person, other than a license representative, who temporarily visits the licensed premises to perform a service, maintenance or repair.

(14)”Commission” means the Oregon Liquor Control Commission.

(15) “Commissioner” means a member of the Oregon Liquor Control Commission.

(16)”Consumer” means a person who purchases, acquires, owns, holds or uses marijuana items other than for the purpose of resale.

(17) “Date of Harvest” means the date the mature marijuana plants in a harvest lot were cut, picked or removed from the soil or other growing media. If the harvest occurred on more than one day, the “date of harvest” is the day the last mature marijuana plant in the harvest lot was cut, picked or removed from the soil or other growing media

(18) “Designated primary caregiver” has the meaning given that term in ORS 475B.410.

(19) (a) “Financial consideration” means value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations.
(b) “Financial consideration” does not include marijuana, cannabinoid products or cannabinoid concentrates that are delivered within the scope of and in compliance with ORS 475B.245.

(20) “Financial interest” means having an interest in the business such that the performance of the business causes, or is capable of causing, an individual, or a legal entity with which the individual is affiliated, to benefit or suffer financially.
(a) Financial interest includes but is not limited to:
(A) Receiving, as an employee or agent, out-of-the-ordinary compensation, either in the form of overcompensation or under compensation;
(B) Lending money, real property or personal property to an applicant or licensee for use in the business at a commercially unreasonable rate;
(C) Giving money, real property or personal property to an applicant or licensee for use in the business; or
(D) Being the spouse or domestic partner of an applicant or licensee. For purposes of this subsection, “domestic partners” includes adults who qualify for a “domestic partnership” as defined under ORS 106.310.
(b) Financial interest does not include any investment that the investor does not control in nature, amount or timing.

(21) “Flowering” means that a marijuana plant has formed a mass of pistils measuring greater than two centimeters wide at its widest point

(22) “Harvest lot” means a specifically identified quantity of marijuana that is, cultivated utilizing the same growing practices and harvested within a 48 hour period at the same location and cured under uniform conditions.

(23) “Immature marijuana plant” means a marijuana plant that is not flowering.

(24) “Intended for human consumption” means intended for a human to eat, drink, or otherwise put in the mouth but does not mean intended for human inhalation.

(25) “Invited guests” means family member and close associates of the licensee, not members of the general public.

(26) “Laboratory” means a laboratory certified by the Authority under ORS 438.605 to 438.620 and authorized to sample or test marijuana items for purposes specified in these rules.

(27) “Licensee” means any person who holds a license issued under ORS 475B.070, 475B.090, 475B.100, 475B.110, or 475B.560 and includes:
(a) Each applicant listed on an application that the Commission has approved;
(b) Each individual who meets the qualification described in OAR 845-025-1045 and who the Commission has added to the license under OAR 845-025-1030;
(c) Each individual who has a financial interest in the licensed business and who the Commission has added to the license under OAR 845-025-1030.

(28) “Licensee representative” means an owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity.

(29) “Limited access area” means a building, room, or other contiguous area on a licensed premises where a marijuana item is produced, processed, stored, weighed, packaged, labeled, or sold, but does not include a consumer sales area on a licensed retailer premises.

(30) “Marijuana”(a) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.
(b) “Marijuana” does not include industrial hemp, as defined in ORS 571.300.

(31) “Marijuana flowers” means the flowers of the plant genus Cannabis within the plant family Cannabaceae.

(32) “Marijuana items” means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.

(33) “Marijuana leaves” means the leaves of the plant genus Cannabis within the plant family Cannabaceae.

(34) “Marijuana processor” means a person who processes marijuana items in this state.

(35) “Marijuana producer” means a person who produces marijuana in this state.

(36) “Marijuana retailer” means a person who sells marijuana items to a consumer in this state.

(37) “Marijuana wholesaler” means a person who purchases marijuana items in this state for resale to a person other than a consumer.

(38) “Mature marijuana plant” means a marijuana plant that is not an immature marijuana plant.

(39) “Medical grade cannabinoid product, cannabinoid concentrate or cannabinoid extract” means a cannabinoid product, cannabinoid concentrate or cannabinoid extract that has a concentration of tetrahydrocannabinol that is permitted under ORS 475B.625 for consumers who hold a valid registry identification card issued under ORS 475B.415.

(40) “Micro-Wholesaler” means a marijuana wholesaler licensed by the Commission that only purchases or receives seeds, immature plants or usable marijuana from a producer with a micro tier I or tier II canopy.

(41) “Minor” means any person under 21 years of age.

(42) “Non-Toxic” means not causing illness, disability or death to persons who are exposed.

(43) “Non-profit Dispensary” means a medical marijuana dispensary registered under ORS 475B.450, owned by a nonprofit corporation organized under ORS chapter 65, and that is in compliance with the Authority’s rules governing non-profit dispensaries in OAR 333, Division 8.

(44) “ORELAP” means the Oregon Environmental Laboratory Accreditation Program administered by the Authority pursuant to ORS 438.605 to 438.620.

(45) “Permittee” means any person who holds a Marijuana Workers Permit.

(46) “Person” has the meaning given that term in ORS 174.100.

(47) “Person responsible for a marijuana grow site” or “PRMG” has the meaning given that term in OAR 333-008-0010.

(48) “Premises” or “licensed premises” includes the following areas of a location licensed under section ORS 475B.070, ORS 475B.090, ORS 475B.100, ORS 475B.110 or ORS 475B.560:
(a) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms;
(b) All areas outside a building that the Commission has specifically licensed for the production, processing, wholesale sale or retail sale of marijuana items; and
(c) “Premises” or “licensed premises” does not include a primary residence.

(49) “Primary Residence” means real property inhabited for the majority of a calendar year by an owner, renter or tenant, including manufactured homes and vehicles used as domiciles.

(50) “Processes” (a) “Processes” means the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts; (b) “Processes” does not include packaging or labeling.

(51) “Process lot” means: (a) Any amount of cannabinoid concentrate or extract of the same type and processed at the same time using the same extraction methods, standard operating procedures and batches from the same or different harvest lots; or
(b) Any amount of cannabinoid products of the same type and processed at the same time using the same ingredients, standard operating procedures and batches from the same or different harvest lots or process lots of cannabinoid concentrate or extract.

(52) “Producer” means a marijuana producer licensed by the Commission.

(53) “Produces” (a) “Produces” means the manufacture, planting, cultivation, growing or harvesting of marijuana.
(b) “Produces” does not include:
(A) The drying of marijuana by a marijuana processor, if the marijuana processor is not otherwise producing marijuana; or
(B) The cultivation and growing of an immature marijuana plant by a marijuana processor, marijuana wholesaler or marijuana retailer if the marijuana processor, marijuana wholesaler or marijuana retailer purchased or otherwise received the plant from a licensed marijuana producer.

(54) “Propagate” means to grow immature marijuana plants or to breed or produce the seeds of the plant Cannabis family Cannabaceae.

(55) “Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and areas used in connection with public passenger transportation.

(56) “Regulatory specialist” means a full-time employee of the Commission who is authorized to act as an agent of the Commission in conducting inspections or investigations, making arrests and seizures, aiding in prosecutions for offenses, issuing citations for violations and otherwise enforcing chapter 471, ORS 474.005 to 474.095, 474.115, 475B.010 to 475B.395, 475B.550 to 475B.590 and 475B.600 to 475B.655, Commission rules and any other statutes the Commission considers related to regulating liquor or marijuana.

(57) “Registry identification cardholder” or “patient” has the meaning given that term in ORS 475B.410.

(58) “Retailer” means a marijuana retailer licensed by the Commission.

(59) “Safe” means:
(a) A metal receptacle with a locking mechanism capable of storing all marijuana items on a licensed premises that:
(A) Is rendered immobile by being securely anchored to a permanent structure of an enclosed area; or
(B) Weighs more than 750 pounds.
(b) A “vault”; or
(c) A refrigerator or freezer capable of being locked for storing marijuana items that require cold storage that:
(A) Is rendered immobile by being securely anchored to a permanent structure of an enclosed area; or
(B) Weighs more than 750 pounds.

(60) “Sampling laboratory” means a laboratory that only has an ORELAP accredited scope item for sampling under ORS 438.605 to 438.620 and is not accredited to perform cannabis testing.

(61) “Security plan” means a plan as described in OAR 845-025-1030(4)(f) that fully describes how an applicant will comply with applicable laws and rules regarding security.

(62)”Shipping Container” means any container or wrapping used solely for the transport of a marijuana items in bulk to a marijuana licensee as permitted in these rules.

(63) “These rules” means OAR 845-025-1000 to 845-025-8590.

(64) “UID” means unique identification.

(65)(a) “Usable Marijuana” means the dried leaves and flowers of marijuana.
(b) “Usable Marijuana” includes pre-rolled marijuana as long as the pre-roll consists of only dried marijuana leaves and flowers, an unflavored rolling paper and a filter or tip.
(c) “Usable marijuana” does not include:
(A) The seeds, stalks and roots of marijuana; or
(B) Waste material that is a by-product of producing or processing marijuana.

(66) “Vault” means an enclosed area or room that is constructed of steel-reinforced or block concrete and has a door that contains a multiple-position combination lock or the equivalent, a relocking device or equivalent, and a steel plate with a thickness of at least one-half inch.

(67) “Wholesaler” means a marijuana wholesaler licensed by the Commission

 

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