Or. Admin. Code § 845-025-2100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 845-025-2100 - Transfer of Medical Marijuana Grower Inventory

(1) An individual applicant listed on an application for a producer license under ORS 475C.065 that is also a PRMG may submit a transfer request to the Commission, on a form prescribed by the Commission, to transition a medical marijuana grow site from being registered with the Authority to being licensed by the Commission. The request must include, at a minimum, the following information:

(a) The names, contact information, and Authority issued registry identification number for each PRMG currently registered at the grow site address that is the proposed premises to be licensed;

(b) Copies of all personal agreements entered into under ORS 475C.798 that specify whether a patient has authorized the transfer of marijuana plants or usable marijuana to the Commission license and if so, how much may be transferred; and

(c) An authorization that permits the Authority to disclose to the Commission the PRMG's registration information.

(2) Upon receipt of a request under section (1) of this rule the Commission must verify with the Authority:

(a) The registration status of each PRMG identified in the transfer request;

(b) The number of PRMGs registered at the grow site address that is the proposed premises to be licensed; and

(c) The number of patients each PRMG is producing marijuana for at that grow site address.

(3) The Commission will deny a transfer request if an applicant has not complied with this rule or if a license is denied under OAR 845-025-1115.

(4) If the information in the transfer request is verified by the Authority and the Commission approves a license application under ORS 475C.065, the Commission must notify the applicant of the number of seeds, marijuana plants and usable marijuana permitted to be transferred in accordance with ORS 475C.806 and ORS 475C.809 or as allowed by 2016 Oregon Laws Chapter 83, Section 23. Information regarding the seeds, marijuana plants and usable marijuana transferred must be recorded in CTS within ten calendar days of licensure.

(a) The number of mature marijuana plants, immature marijuana plants and amount of usable marijuana that is permitted to be transferred will be based on the number of patients whose registration status has been verified by the Authority in accordance with section (2) of this rule and who have authorized the transfer of marijuana items to the Commission license.

(b) There is no limit on seeds that may be transferred to the Commission license, subject to subsection (a) of this section.

(c) No more than six mature plants and 12 immature plants per patient may be transferred to the Commission license, subject to subsection (a) of this section.

(d) For a medical marijuana grow site located outdoors no more than 12 pounds of usable marijuana per mature plant may be transferred to the Commission license, subject to subsection (a) of this section.

(e) For a medical marijuana grow site located indoors no more than 6 pounds of usable marijuana per mature plant may be transferred to the Commission license, subject to subsection (a) of this section.

(f) Any seeds, marijuana plants or usable marijuana that exceed the amount permitted by the Commission to be transferred must be removed from the premises by the applicant prior to the initial date of licensure and lawfully transferred or disposed of.

(5) The licensee must notify the Commission once the marijuana plants and usable marijuana are entered into CTS and the Commission may inspect the premises to verify the information the licensee entered into CTS.

(6) Once the transfer of inventory under this section is complete the Commission must notify the Authority that the grow site address is now a licensed premises and that the licensed premises may not be registered as a grow site address under ORS 475C.792.

(7) The Commission may deny a transfer request if it cannot verify the information in the request or if the applicant submits incomplete information to the Commission.

(8) Any usable marijuana transferred from a medical marijuana grow site to the licensed premises under this rule must be tested, labeled and packaged, in accordance with OAR 845-025-7000 to 845-025-7060 and 845-025-5700 as applicable, before transferring the usable marijuana to another licensee.

(9) All transfers must follow the limits as set forth in ORS 475C.806 and 475C.809.

Or. Admin. Code § 845-025-2100

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 78-2022, minor correction filed 03/24/2022, effective 3/24/2022

Statutory/Other Authority: ORS 475C.017, 475C.065 & 475C.794

Statutes/Other Implemented: ORS 475C.806