Or. Admin. R. 603-048-0127

Current through Register Vol. 63, No. 8, August 1, 2024

Section 603-048-0127 - Grower Research License

(1) Beginning on January 1, 2022, a person proposing to grow hemp for research purposes only may apply for a research grower license.

(2) All of the provisions regarding growers in these rules apply to licensed research growers except as explicitly exempted or provided otherwise in this rule.

(a) When submitting an application for a research grower license, the applicant must include the address of research facilities where cannabis from the licensed grow site may be stored, handled, tested, or otherwise researched.

(b) When submitting an application for a research grower license, the applicant must submit the following:

(A) A written research plan that identifies the purpose of the research for conducting the research. The plan must identify the amount of cannabis intended to be grown. It must also identify how the applicant will ensure the plants and plant material remains at the grow site and prevent the material from entering the commercial marketplace.

(B) A written destruction plan that identifies when and how an applicant will timely dispose of plants grown under the license.

(C) Any other information pertinent to the research specifically requested by the Department.

(c) An applicant for a research grower license must submit the fee for a grower license in OAR 603-48-0700(1)(a) with its application but is not required to submit a fee for a grow site license. The applicant must identify every grow site in the application.

(d) A licensed research grower is not required to conduct preharvest testing in accordance with OAR 603-048-0600 except as required for transfers.

(e) A licensed research grow site or research facility may not be co-located with a non-research grow site, a medical marijuana grow site registered under ORS 475C.792 or marijuana producer licensed under ORS 475C.065.

(3) A licensed research grower must:

(a) Except as permitted in section 4 of this rule, ensure that all cannabis, and all parts thereof, grown under the license remains at the licensed grow site, research facility listed on the application, or laboratory and that the cannabis does not enter the commercial marketplace or used by a consumer.

(b) Dispose in accordance with OAR 603-048-0640 all cannabis, and all parts thereof, grown under the license in the grower's possession within 30 days of completing research activities on the cannabis and prior to the termination of the license.

(4) Sale and Transfers.

(a) A licensed research grower may not sell or transfer any cannabis, or parts thereof, grown under the research grower license to any other person or otherwise allow the cannabis to enter the commercial marketplace, be used by a consumer, or leave the licensed grow site or research facility listed on the application, except as explicitly permitted in this rule.

(b) A licensed research grower may send samples of cannabis, or parts thereof, grown under the research grower license to a laboratory for testing.

(c) A licensed research grower may sell or transfer cannabis, or parts thereof, grown under the research grower license to a licensed grower if the cannabis has passed pre-harvest testing in accordance with OAR 603-048-0600 prior to transfer.

(d) A licensed research grower may sell or transfer cannabis, or parts thereof, grown under the research grower license to another licensed research grower.

(5) The Department must deny an application for a research grower license and revoke a research grower licensee if the proposed or licensed grow site or research facility is co-located with a non-research grow site, a medical marijuana grow site registered under ORS 475C.792 or a marijuana producer licensed under ORS 475C.065.

(6) The following are Class 1 violations:

(a) Failing to comply with any part of this rule.

(b) Failing to comply with a written research plan.

(c) Failing to comply with a written destruction plan.

(d) Failing to comply with any condition placed on the license by the Department.

(e) Failing to comply with a Department order.

(7) The Department may impose conditions on the grower research license that the Department determines necessary to be consistent with ORS 571.260 to ORS 571.348 or these rules or to ensure that cannabis does not enter the chain of commerce.

Or. Admin. R. 603-048-0127

DOA 26-2021, adopt filed 11/09/2021, effective 11/09/2021; DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022; DOA 48-2023, minor correction filed 12/14/2023, effective 12/14/2023

Statutory/Other Authority: ORS 561.190 & ORS 571.260-571.348

Statutes/Other Implemented: ORS 571.260-571.348