Or. Admin. Code § 603-052-3030

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-052-3030 - Control Area and Control Area Measures

(1) Lands covered. All lands in Oregon not subject to tribal control constitutes the control area for the purposes of these rules.

(2) Cultivation and harvest of cannabis within the control area. The cultivation and harvest of cannabis within the control area shall comply with the following:

(a) No person may cultivate and harvest cannabis in a manner that results in the spread or establishment of uncontrolled cannabis on land that is not a permissible production area.

(b) In developing appropriate cultivation and harvest techniques, a cannabis producer should take into consideration factors including but not limited to the topography of the land, the proximity of other cultivated fields and vectors for the unintentional transport of cannabis including wind direction or proximity to ditches or water bodies.

(c) Cannabis may only be cultivated in a permissible production area.

(d) Any person cultivating cannabis or any person owning or occupying land upon a permissible production area shall eradicate or prevent the seeding or other establishment of uncontrolled cannabis plants.

(e) All cannabis seeds or harvested plants must be transported in tarped or enclosed containers from the fields where cannabis is cultivated to the area where it is subsequently stored or processed.

(f) Processed cannabis seed must be transported from the processing facility in a manner that prevents seed loss.

(3) Monitoring and Eradication. Cannabis production is subject to the following monitoring and eradication measures.

(a) At all times that cannabis is produced, cannabis producers must regularly monitor all areas adjacent to or otherwise near permissible production areas including fields cultivated in cannabis.

(A) Regular monitoring includes appropriate inspection at least twice every month of all areas, including field edges and public rights of way and private lands not owned by the cannabis producer, within one-quarter mile of cultivated field edges.

(B) Inspections consistent with this rule may not result in trespass on private lands although Cannabis producers must attempt to obtain consent to enter private lands not owned by the producer.

(b) All cannabis producers and persons who own land that was previously a permissible production area must monitor all areas where cannabis was produced for at least two years after production ceases and eradicate all uncontrolled cannabis plants and any source of propagules upon detection.

(c) The Department may require additional monitoring time as it may determine is necessary to assure complete eradication of uncontrolled cannabis from previous permissible production areas.

(d) Any uncontrolled cannabis in or around a permissible production area, including a producer's fields, must be eradicated upon detection.

(e) Eradication of uncontrolled cannabis on private lands. On private lands not owned by the cannabis producer, eradication must be accomplished with the consent of the landowner or occupant.

(A) Any person cultivating cannabis or any person owning or occupying land upon which cannabis is cultivated shall eradicate or prevent the seeding or other establishment of uncontrolled cannabis plants.

(B) The payment for eradication must be determined by agreement of the landowner or occupant and the cannabis producer or by civil means.

(f) Eradication of uncontrolled cannabis on public lands. On public lands or lands controlled by the federal government, state government or a county or municipality, eradication of uncontrolled cannabis is the responsibility of the cannabis producer if the producer that caused the uncontrolled cannabis can be identified. If the cannabis producer who caused the uncontrolled cannabis cannot be identified, then the owner of that public land must control or eradicate the uncontrolled cannabis.

(4) Prohibited Acts

(a) A person may not produce cannabis in a manner inconsistent with these rules or in a manner that results in the presence of uncontrolled cannabis either on or around previous permissible production areas or on any other lands within the control area.

(b) A person may not fail to take any reasonable steps determined by the Department as necessary to eradicate uncontrolled cannabis caused by that person.

(5) Complaints. Any person may submit a complaint to the Department about uncontrolled cannabis in writing and must include at least the following information: date of the observation, the location of the uncontrolled cannabis observed, and information regarding the estimated number of uncontrolled cannabis plants observed.

(a) Complaints may be electronically submitted, faxed, or mailed to the Department.

(b) Complainants may include the name and contact information of the complainant.

(6) Enforcement. In addition to any other remedy or penalty provided by law, the Department may enforce the provisions of these rules through formal or informal means.

(a) Formal enforcement includes any administrative action including issuance of a Notice of Violation and assessment of civil penalties or any other lawful remedy including criminal or civil relief.

(b) Informal enforcement may include a Letter of Warning prior to imposition of formal enforcement.

(c) Violation of these rules or commission of a prohibited act may also result in disciplinary action by the agency that licenses or registers the cannabis producer, including license or registration suspension, revocation or denial.

(7) Notice of Violation and Required Corrective Action. Prior to assessment of a civil penalty for a violation, the Department may provide a Notice of Violation and Required Corrective Action. The Notice of Violation and Required Corrective Action shall be in writing and describe with reasonable specificity the factual basis for the Department's determination that a violation has occurred and prescribe a reasonable time to correct the violation. A Notice of Violation is subject to review pursuant to ORS 183.484.

(8) Civil Penalties. In addition to any other remedy, and as provided in ORS 570.995, the Department may impose a civil penalty not to exceed $10,000 per violation of any provision of these rules. Civil penalties may be assessed according to the following criteria:

(a) Magnitude of violation: The commission of prohibited acts specified below has been determined to be a minor, moderate, or major violation.

(A) Minor:

(i) Failure to maintain proper certificates or paperwork as required.

(ii) Failure to take reasonable steps to eradicate uncontrolled cannabis.

(iii) Failure to clean equipment.

(iv) Production or harvest of cannabis in a manner that causes the establishment or spread of uncontrolled cannabis on land outside of the permissible production area.

(B) Moderate:

(i) Failure to transport seed in enclosed containers.

(ii) Production or harvest of cannabis in a reckless manner resulting in uncontrolled cannabis.

(iii) Failure to regularly monitor areas previously cultivated with cannabis for uncontrolled cannabis;

(iv) Failure to regularly monitor all areas adjacent to or otherwise near permissible production areas.

(v) Failure or refusal to bear cost to eradicate uncontrolled cannabis determined to be caused by previous production.

(vi) Any other violation of these rules not otherwise categorized as a minor, moderate or major violation.

(C) Major:

(i) Knowingly producing cannabis in a manner resulting in uncontrolled cannabis.

(ii) Failure to eradicate uncontrolled cannabis caused by own actions.

(iii) Tampering with, altering, misrepresenting or falsifying in any manner official documents issued by a Department official.

(iv) Providing false information required for issuance of Department documents or supplying or providing falsified documents to the Department.

(b) Civil penalties will be as indicated per Exhibit A.

(c) Civil penalties shall be imposed in accordance with ORS 183.745. A Notice of Civil Penalty must be consistent with the provisions of ORS 183.415 and shall be served personally or by registered or certified mail. The person to whom the Notice of Civil Penalty is addressed shall have 20 days from the date of service of the notice in which to make a written application for a hearing to the Department as provided by instructions in the notice. Any hearing shall be conducted as provided in ORS chapter 183.

Or. Admin. Code § 603-052-3030

DOA 1-2023, adopt filed 01/23/2023, effective 1/23/2023

Statutory/Other Authority: ORS 561.190 & ORS 570.405

Statutes/Other Implemented: ORS 570.405-570.415 & ORS 570.995