Or. Admin. R. 603-048-0520

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

Section 603-048-0520 - Co-Location of Hemp Production with Marijuana Production

(1) For the purposes of this rule, the following definitions apply:

(a) "Medical marijuana grower registration" means a grower registration issued under ORS 475C.792.

(b) "Medical marijuana plot" means an area designated at a hemp grow site for producing cannabis plants under a medical marijuana grower registration.

(c) "Personal grow plot" means an area designated at a hemp grow site for producing cannabis plants pursuant to pursuant to ORS 475C.305.

(2) Medical Marijuana. If a grower produces cannabis pursuant to a medical marijuana grower registration at the grow site, the grower must:

(a) Complete and implement a control plan, on a form provided by the Department, that describes how plants grown pursuant to the industrial hemp license shall be separated from plants grown pursuant to a medical marijuana grower registration. The control plan must identify how harvested plant material will be maintained and stored separately. Medical marijuana plots may not be in the same location or overlap with a production area.

(b) Maintain a copy of the control plan at the grow site at all times and immediately provide upon request.

(c) Ensure that only plants grown pursuant the industrial hemp license are grown in production areas and only plants grown pursuant to a medical marijuana grower registration are grown in medical marijuana plots;

(d) Post a grow site plan that identifies the location of the hemp production areas and medical marijuana plots;

(e) Visually demarcate the boundaries of hemp production areas and medical marijuana plots through signs, fencing, or cordoning.

(3) OLCC-Licensed Marijuana. If a grower produces cannabis pursuant to a license issued under ORS 475C.065, the grower shall submit a copy of the OLCC-approved control plan as described in OAR 845-025-1115(2)(g) to the Department.

(4) Personal Grows. Cannabis plants grown pursuant to ORS 475C.305 may not be located in a hemp production area. A grower that produces cannabis plants pursuant to ORS 475B.301 must:

(a) Ensure that only plants grown pursuant the industrial hemp license are grown only in production areas and only plants grown pursuant to ORS 475C.305 are grown in personal use plots;

(b) Post a grow site plan that identifies the location of the hemp production areas and any personal use plots.

(c) Visually demarcate the boundaries of hemp production areas and any personal use plots through signs, fencing, or cordoning.

(5) Any and all cannabis grown in a hemp production area identified in a grower application or later identified to the Department as a hemp production area is subject to sampling and testing by the Department or its designee.

(6) A grower that stores cannabis grown pursuant to a medical marijuana grower registration or under ORS 475C.305 must ensure that the harvested cannabis is segregated from its harvested industrial hemp. The grower must:

(a) Comply with the storage requirements in OAR 603-048-0540;

(b) Label all cannabis harvested from plants grown pursuant to a medical marijuana grower registration or under ORS 475C.305 with the following:

(A) Identify the cannabis as grown pursuant to a medical marijuana grower registration or as cannabis from a "personal grow";

(B) The date the cannabis was harvested.

Or. Admin. R. 603-048-0520

DOA 29-2021, adopt filed 12/29/2021, effective 1/1/2022; DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022; DOA 49-2023, amend 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