Or. Admin. Code § 845-025-8540

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

Section 845-025-8540 - Dishonest Conduct

(1) False Statements. A licensee, laboratory licensee, or permittee may not:

(a) Make a false statement or representation to the Commission or law enforcement in order to induce or prevent action or investigation by the Commission or law enforcement. Violation of this subsection is a Category II violation.

(b) If the Commission finds that the false statement or representation was intentional, the Commission may charge the violation as a Category I violation and could result in license or permit revocation.

(2) Marijuana Item Misrepresentations.

(a) A licensee, laboratory licensee, or permittee may not misrepresent any marijuana item to a consumer, licensee, laboratory licensee, or the public, including:

(A) Misrepresenting the contents of a marijuana item;

(B) Misrepresenting the testing results of a marijuana item;

(C) Misrepresenting the potency of a marijuana item; or

(D) Making representations or claims that the marijuana item has curative or therapeutic effects.

(b) A licensee may not treat or otherwise adulterate usable marijuana with any chemical, biologically active drug, plant, substance, including nicotine, or other compound that has the effect or intent of altering the usable marijuana's color, appearance, weight, or smell or that has the effect or intent of increasing potency, toxicity, or addictiveness.

(c) A knowing or intentional violation of this section is a Category I violation and could result in license or permit revocation.

(d) Violation of this section in any manner other than knowing or intentional is a Category II violation.

(3) Supply of Adulterated Marijuana Items.

(a) A licensee or permittee may not supply adulterated marijuana items.

(b) Violation of this section is a Category I violation and could result in license revocation.

(4) Evidence. A licensee, laboratory licensee, or permittee may not:

(a) Intentionally destroy, damage, alter, remove, or conceal potential evidence, or attempt to do so, or ask or encourage another person to do so. Violation of this subsection is a Category I violation and could result in license revocation.

(b) Destroy, damage, alter, remove or conceal potential evidence, or attempt to do so, or ask or encourage another person to do so, in any manner other than intentional. Violation of this subsection is a Category II violation.

(c) Refuse to give, or fail to promptly give, a Commission regulatory specialist or law enforcement officer evidence when lawfully requested to do so. Violation of this subsection is a Category II violation.

Or. Admin. Code § 845-025-8540

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 179-2022, minor correction filed 03/25/2022, effective 3/25/2022; 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.085, 475C.093 & 475C.097

Statutes/Other Implemented: ORS 475C.245