Or. Admin. R. 845-025-2020

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

Section 845-025-2020 - Producer Privileges; Prohibitions

(1) A producer may:

(a) Possess, plant, cultivate, grow, harvest, and dry marijuana in the manner approved by the Commission and consistent with ORS chapter 475C and these rules;

(b) Engage in indoor or outdoor production of marijuana, or a combination of the two;

(c) Produce kief as that term is defined in ORS 475C.089 and possess kief produced by the producer.

(A) A producer who produces kief is not a marijuana processor for the purposes of OAR 845-025-3215.

(B) Kief produced under this rule may not be used in a cannabinoid edible unless the producer complies with all provisions set forth in OAR 845-025-3250.

(d) Sell, transfer, transport, and deliver:

(A) Usable marijuana to the licensed premises of a producer under common ownership, a processor, wholesaler, retailer, laboratory, non-profit dispensary, or research certificate holder;

(B) Whole, non-living marijuana plants that have been entirely removed from any growing medium to the licensed premises of a producer under common ownership, a processor, wholesaler, non-profit dispensary, or research certificate holder;

(C) Immature marijuana plants and seeds to the licensed premises of a marijuana producer, wholesaler, retailer, or research certificate holder;

(D) Mature marijuana plants or kief to the licensed premises of a producer under common ownership;

(E) Kief, as that term is defined in ORS 475C.089, manufactured by the producer, to the licensed premises of a marijuana processor, producer under common ownership, wholesaler, retailer, laboratory, or research certificate holder;

(F) Cannabinoid concentrates manufactured by the producer to the licensed premises of a marijuana processor, wholesaler, retailer, laboratory, or research certificate holder if the producer holds a concentrate endorsement under OAR 845-025-2025;

(G) Cannabinoid products, cannabinoid extracts, and cannabinoid concentrates that were made using only marijuana produced by the producer to the licensed premises of a processor, wholesaler, or retailer;

(H) Marijuana waste to a producer, processor, wholesaler, or research certificate holder;

(I) Trade samples to a producer, processor, wholesaler, or retailer licensee, only as allowed under OAR 845-025-1330; and

(J) Quality control samples to a license representative of the producer licensee, only as allowed under OAR 845-025-1360.

(e) Purchase and receive:

(A) Immature marijuana plants and seeds from a producer, wholesaler, retailer, or research certificate holder;

(B) Marijuana waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder;

(C) Usable marijuana produced by the licensee that has been stored by a wholesaler on the producer's behalf;

(D) Marijuana, mature marijuana plants, and kief from a producer under common ownership;

(E) Marijuana produced by the licensee that was not processed by a processor;

(F) Cannabinoid products, cannabinoid extracts, and cannabinoid concentrates from a marijuana processor that were made using only marijuana produced by the receiving producer;

(G) Up to 200 marijuana seeds in total per month from any sources within the State of Oregon other than a licensee, laboratory licensee, or research certificate holder; and

(H) Trade samples from a producer or processor licensee, as allowed under these rules.

(f) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR chapter 333, division 7.

(g) Accept or make returns, as long as the producer:

(A) Accepts or returns usable marijuana, kief, immature marijuana plants, seeds and whole non-living marijuana plants;

(B) Accepts or returns cannabinoid concentrates, if the producer holds a concentrate endorsement under OAR 845-025-2025;

(C) Only accepts or returns eligible items listed in paragraph (A) or (B) of this subsection from the original licensee who received or purchased the item; and

(D) Accurately records the transaction in the CTS.

(2) A producer may not:

(a) Possess, plant, cultivate, grow, harvest, dry, sell, deliver, transfer, transport, purchase, or receive any marijuana item other than as provided in:

(A) Section (1) of this rule;

(B) OAR 845-025-2025, if the producer has an approved concentrate endorsement; or

(C) OAR 845-025-2550, if the producer has been properly registered by the Commission.

(b) Process marijuana items other than as provided in:

(A) Section (1) of this rule; or

(B) OAR 845-025-2025, if the producer has an approved concentrate endorsement.

(c) Transfer, sell, transport, purchase, possess, accept, return, or receive any marijuana item or hemp item containing artificially derived cannabinoids except as allowed under OAR 845-025-1310 and in accordance with section (1) of this rule.

(3) Violations.

(a) A violation of paragraph (1)(c)(B), (1)(d)(I), (1)(d)(J), (1)(e)(G), or (1)(e)(H), subsection (1)(f), or (1)(g), or section (2) of this rule is a Category III violation.

(b) All other violations of this rule are Category I violations.

Or. Admin. R. 845-025-2020

OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16; OLCC 6-2016, f. 6-28-16, cert. ef. 6/29/2016; OLCC 9-2016(Temp), f. 6-28-16, cert. ef. 6-30-16 thru 12-26-16; OLCC 22-2016, f. 12-22-16, cert. ef. 12/27/2016; OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017; OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018; OLCC 3-2020, amend filed 01/28/2020, effective 2/1/2020; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 68-2022, minor correction filed 03/23/2022, effective 3/23/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023; OLCC 7-2023, amend filed 11/17/2023, effective 1/2/2024

Statutory/Other Authority: ORS 475C.017, 475C.065, 475C.077 & 475C.089

Statutes/Other Implemented: ORS 475C.017, 475C.065, 475C.077, 475C.089, ORS 475C.117 & 475C.489