Or. Admin. R. 845-025-3305

Current through Register Vol. 63, No. 9, September 1, 2024

Section 845-025-3305 - Processing for Cardholders

(1) Eligibility. Notwithstanding OAR 845-025-3215(3), a processor licensed under ORS 475C.085 who has registered in the form and manner prescribed by the commission may receive usable marijuana from a patient or the patient's designated primary caregiver and, for a fee, process that usable marijuana into cannabinoid products, concentrates and extracts for transfer to the patient or the patient's designated primary caregiver subject to the following conditions:

(a) The processor cannot receive more than 24 ounces of usable marijuana from a patient or the patient's designated primary caregiver in a single transaction;

(b) The processor cannot receive more than three pounds from a patient or the patient's designated primary caregiver in any 12-month period; and

(c) The processor may not transfer more than the following amounts of marijuana items to a patient or the patient's designated primary caregiver in a single transaction:

(A) One ounce of cannabinoid extracts;

(B) 16 ounces of cannabinoid concentrates;

(C) 16 ounces of cannabinoid products in solid form;

(D) 72 ounces of cannabinoid products in liquid form; or

(E) Five grams of cannabinoid products intended for inhalation.

(d) In total the processor may not transfer more than the following amounts of marijuana items to a patient or the patient's designated primary caregiver in any 12 month period:

(A) Two ounces of cannabinoid extracts;

(B) 32 ounces of cannabinoid concentrates;

(C) 32 ounces of cannabinoid products in solid form; or

(D) 144 ounces of cannabinoid products in liquid form.

(e) The processor must:

(A) Record all activity under this rule in CTS; and

(B) Have the proper endorsements listed within 845-025-3210.

(2) Transfer requirements. Prior to transferring any cannabinoid products, concentrates or extracts processed under this rule to a patient or the patient's designated primary caregiver the processor must:

(a) Securely affix a label that contains the following information in a legible font to all containers holding a marijuana item:

(A) A statement that reads: "NOT FOR SALE" in bold, capital letters attached to the marijuana item;

(B) The universal symbol;

(C) The UID number;

(D) The business name and license number of the processor; and

(E) The net weight or volume of the marijuana or marijuana item.

(b) Comply with the:

(A) Testing requirements applicable to licensed processors in ORS 475C.540 to ORS 475C.586 and OAR 333-007-0300 to 333-007-0500;

(B) The concentration limit requirements in ORS 475C.620 and any rules adopted thereunder; and

(C) Generate a manifest in CTS and carry a physical copy of the manifest during transportation, if delivering to a patient or designated primary caregiver. If the cardholder or designated primary caregiver is picking up the cannabinoid products, extracts or concentrates from the processor, a physical manifest is not required to be printed but must be generated in CTS.

(3) Record Keeping. In addition to the requirements of (1)(e) the processor must record all patient or designated primary caregiver's OMMP number from whom they receive usable marijuana and the OMMP number of the patient or designated primary caregiver to whom they transfer cannabinoid products, concentrates and extracts.

(4) Processing Requirements. The processor may only combine usable marijuana received from patients or designated primary caregivers when processing cannabinoid products, concentrates and extracts for a patients or the patients' designated primary caregiver. A processor may not add or contribute any other usable marijuana, industrial hemp, or hemp items to the processing.

(a) When distributing a cannabinoid product derived from usable marijuana received from multiple patients in (4) of this rule, the processor must distribute in proportional shares.

(b) The processor must segregate all usable marijuana received under this rule and all cannabinoid products, concentrates and extracts processed under this rule from its other inventory.

(5) Violations. Failure to comply with this rule is a Category III violation.

Or. Admin. R. 845-025-3305

OLCC 15-2017, adopt 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 3-2021, amend filed 04/13/2021, effective 4/16/2021; OLCC 119-2022, minor correction filed 03/25/2022, effective 3/25/2022

Statutory/Other Authority: ORS 475C.017, ORS 475C.085 & ORS 475C.141

Statutes/Other Implemented: ORS 475C.085 & ORS 475C.141