OAR 333-008-1110
Medical Marijuana Dispensaries: Locations of Medical Marijuana Dispensaries; Dispensary Premises Restrictions and Requirements

(1) A dispensary may not be located:
(a) In an area that is zoned for residential use.
(b) At the same address as a registered marijuana grow site;
(c) Within 1,000 feet of the real property comprising a public or private elementary or secondary school, except as provided in ORS 475B.864 (Medical marijuana dispensary located within 1,000 feet of school); or
(d) Within 1,000 feet of another medical marijuana dispensary.
(2) For purposes of implementing ORS 475B.858 (Medical marijuana dispensary registration system)(3)(d), the Authority will consider a location to be a school if it has at least the following characteristics:
(a) Is a public or private elementary or secondary school as those terms are defined OAR 333-008-0010 (Definitions);
(b) There is a building or physical space where students gather together for education purposes on a regular basis;
(c) A curriculum is provided;
(d) Attendance is compulsory under ORS 339.020 (Duty to send children to school) or children are being taught as described in ORS 339.030 (Exemptions from compulsory school attendance)(1)(a); and
(e) Individuals are present to teach or guide student education.
(3) For purposes of determining the distance between a dispensary and a school “within 1,000 feet” means a straight line measurement in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising an existing public or private elementary or secondary school to the closest point of the premises of a dispensary. If any portion of the premises of a proposed or registered dispensary is within 1,000 feet of a public or private elementary or secondary school it may not be registered.
(4) For purposes of determining the distance between a dispensary and another registered dispensary “within 1,000 feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of a registered dispensary to the closest point anywhere on the premises of a proposed dispensary. If any portion of the premises of a proposed dispensary is within 1,000 feet of a registered dispensary it may not be registered.
(5) In order to be registered a dispensary must operate at a particular location as specified in the application and may not be mobile.
(6) Minors on Premises. A dispensary registrant may not permit a minor to be present in any limited access or point of sale area of a registered dispensary.
(7) On Premises Consumption.
(a) A dispensary registrant may not permit the ingestion, inhalation or topical application of a marijuana item anywhere on the premises of the registered dispensary, except as described in subsection (b) of this section.
(b) An employee of a registered dispensary who is a patient may consume a marijuana item during his or her work shift on the premises of the registered dispensary as necessary for his or her medical condition, if the employee is:
(A) Alone and in a closed room where no dispensary marijuana items are present;
(B) Not visible to patients or caregivers on the premises of the registered dispensary to receive a transfer of a marijuana item; and
(C) Not visible to the public outside the dispensary.
(c) For purposes of this section consume does not include smoking, combusting, inhaling, vaporizing, or aerosolizing a marijuana item.
(8) General Public and Visitor Access. The general public is not permitted on the premises of a registered dispensary, except as permitted by OAR 333-008-1500 and in accordance with this rule.
(a) In addition to registrant representatives, the following visitors are permitted on the premises of a dispensary, including limited access areas, subject to the requirements in section (9) of this rule:
(A) Laboratory personnel, if the laboratory is accredited by the Authority;
(B) A contractor authorized by a registrant representative to be on the premises; or
(C) Individuals authorized to transfer marijuana items to a registered dispensary.
(b) A registered dispensary may permit up to seven invited guests 21 years of age and older, per week, on the premises of a registered dispensary, including limited access areas, subject to the requirements in section (9) of this rule.
(9) Visitor Escort, Log and Badges.
(a) Prior to entering the premises of a registered dispensary all visitors permitted by section (8) of this rule must be documented and issued a visitor identification badge from a registrant representative that must remain visible while on the premises. All visitors described in section (8) of this rule must be accompanied by a registrant representative at all times.
(b) A dispensary registrant must maintain a log of all visitor activity and the log must contain the first and last name and date of birth of every visitor, and the date they visited.
(10) Government Access. Nothing in this rule is intended to prevent or prohibit Authority employees or contractors, or other state or local government officials that have jurisdiction over some aspect of the premises or a dispensary registrant to be on the premises.
(a) A visitor badge is not required for government officials.
(b) A dispensary must log every government official that enters the premises but the dispensary may not request that the government official provide a date of birth for the log.
(11) Limited Access Areas.
(a) All limited access areas must be physically separated from any area where the general public is permitted, by a floor to ceiling wall that prevents physical access between the limited access area and an area that is open to the general public except through a door that is kept locked by a dispensary when the door is not immediately in use.
(b) An applicant or registered dispensary may request, in writing, an exception from the Authority from the requirement to have a floor to ceiling wall. The request must include the reason the exception is being sought, pictures of the area in question, and a description of an alternative barrier that accomplishes the goal of providing a significant physical barrier between the general public and any marijuana items on the premises of the dispensary.
(12) A dispensary must have:
(a) A designated limited access area or areas where transfers of marijuana items are received and such an area may not be accessible to patients or designated primary caregivers on the premises to receive the transfer of a marijuana item or the general public; and
(b) A designated area within the premises where patients and designated primary caregivers and other visitors enter the dispensary and are checked in.
(13) The areas described in section (12) of this rule must be clearly marked on the scaled floor plan required in OAR 333-008-1020 (Medical Marijuana Dispensaries: Application for Medical Marijuana Dispensary Registration).
(14) Point of Sale Areas.
(a) All point of sale areas must be physically separated from any area where the general public is permitted by a floor to ceiling wall that prevents physical access between a point of sale area and an area that is open to the general public except through a door that is kept locked by a dispensary when the door is not immediately in use.
(b) An applicant or registrant may request, in writing, an exception from the Authority from the requirement under subsection (a) of this section to have a floor to ceiling wall. The request must include the reason the exception is being sought, pictures of the area in question, and a description of an alternative barrier that accomplishes the goal of providing a significant physical barrier between the general public and any marijuana items on the premises of the dispensary.
(c) All areas where marijuana items are available for transfer to a patient or designated primary caregiver must be supervised by a dispensary representative at all times when a patient or designated primary caregiver is present.
(d) A dispensary may not transfer a marijuana item to a patient or designated primary caregiver through a drive-through window.
(15) A dispensary may not sublet or share with any other business any portion of the dispensary premises, except a registered processing site under common ownership.
(16) If a dispensary premises is located in a building or structure that includes residential, industrial, agricultural or other commercial uses, occupancies or tenant space, the dispensary premises and any other use, occupancy or tenant space must be completely separate with no communication of space or means of ingress or egress between the dispensary premises and any other use, occupancy or tenant space, except as follows:
(a) A dispensary may share a premises with a registered marijuana processing site that is under common ownership, in accordance with section (17) of this rule and OAR 333-008-2080 (General Requirements for Medical Marijuana Processing Sites and Dispensaries: Security Requirements).
(b) A dispensary is permitted to have a door from the dispensary premises that opens into a common space shared by other commercial uses, occupants, tenants or the public, but that is not exclusively under the control or possession of a single other commercial use, occupancy or tenancy, in accordance with section (17) of this rule.
(17) If a dispensary premises is located in a building or structure that includes residential, industrial, agricultural or other commercial uses, occupancies or tenant space and under section (16) of this rule ingress or egress is permitted, every means of ingress and egress must be:
(a) Through a door that is locked at all times, when not in immediate use, by a commercial grade lock, and that does not permit access by the public.
(b) Posted with signage in accordance with OAR 333-008-1205 (Registered Dispensary Signage), as applicable.
(c) Equipped with security and surveillance system coverage in accordance with OAR 333-008-2080 (General Requirements for Medical Marijuana Processing Sites and Dispensaries: Security Requirements) and 333-008-2100 (General Requirements for Medical Marijuana Processing Sites and Dispensaries: Required Camera Coverage and Camera Placement).
(18) Residential occupancy of a dispensary premises is prohibited.

Source: Rule 333-008-1110 — Medical Marijuana Dispensaries: Locations of Medical Marijuana Dispensaries; Dispensary Premises Restrictions and Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-008-1110.

333‑008‑0010
Definitions 333‑008‑0020
New Registry Identification Card Application Process 333‑008‑0021
Patient and PRMG New and Renewal Fees 333‑008‑0022
Proof of Residency 333‑008‑0023
Patient Application Review Process 333‑008‑0025
Person Responsible for a Marijuana Grow Site Criteria 333‑008‑0030
Approval of New and Renewal Patient Applications 333‑008‑0033
Approval of New or Renewal PRMG and Grow Site Application 333‑008‑0035
Denial of Patient Application 333‑008‑0037
Denial of Designation of Caregiver or Person Responsible for a Marijuana Grow Site 333‑008‑0040
Annual Renewal 333‑008‑0045
Notification of Changes 333‑008‑0047
Interim Addition or Change of Person Responsible for a Marijuana Grow Site or Grow Site Address 333‑008‑0049
Timely Submission to the Oregon Health Authority 333‑008‑0080
Permissible Amounts of Medical Marijuana for Patients and Caregivers 333‑008‑0085
Designated Primary Caregivers and Organization or Facility Caregivers 333‑008‑0090
Addition of Qualifying Diseases or Medical Conditions 333‑008‑0110
Oregon Cannabis Commission 333‑008‑0500
Request for Grandfathered Grow Site 333‑008‑0510
Review of Petition For Grandfathered Grow Site 333‑008‑0520
Approval of Petition for Grandfathered Grow Site 333‑008‑0530
Denial of Petition for Grandfathered Grow Site 333‑008‑0540
Requirements for Grandfathered Grow Sites 333‑008‑0550
General Person Responsible for a Marijuana Grow Site Requirements 333‑008‑0560
Grow Site Plant Limits 333‑008‑0570
Designation of Plants at Grow Site Address 333‑008‑0580
Usable Marijuana Possession Limits for a Person Designated to Produce Marijuana by a Patient 333‑008‑0585
Personal Agreement 333‑008‑0590
Permissible Transfers of Marijuana 333‑008‑0595
Transfers from Commission Licensees 333‑008‑0600
PRMG Labeling, Packaging and Testing Requirements 333‑008‑0630
PRMG Documentation Requirements 333‑008‑0635
Grow Site CTS Tracking 333‑008‑0638
Grow Site Administrators for CTS Tracking 333‑008‑0700
OMMP Monitoring, Investigation, and Enforcement: Monitoring and Investigations 333‑008‑0710
OMMP Monitoring, Investigation, and Enforcement: Grow Site Inspections 333‑008‑0720
OMMP Monitoring, Investigation, and Enforcement: Violations 333‑008‑0730
OMMP Monitoring, Investigation, and Enforcement: Suspension and Revocation 333‑008‑0740
OMMP Monitoring, Investigation, and Enforcement: Civil Penalties 333‑008‑0750
OMMP Monitoring, Investigation, and Enforcement: General Powers 333‑008‑1000
Medical Marijuana Dispensaries: Applicability 333‑008‑1010
Medical Marijuana Dispensaries: Definitions 333‑008‑1020
Medical Marijuana Dispensaries: Application for Medical Marijuana Dispensary Registration 333‑008‑1030
Dispensary Fees 333‑008‑1040
Medical Marijuana Dispensaries: Dispensary Application Review 333‑008‑1050
Medical Marijuana Dispensaries: Dispensary Pre-Approval Inspection 333‑008‑1060
Medical Marijuana Dispensaries: Denial of Dispensary Application 333‑008‑1063
Medical Marijuana Dispensaries: Withdrawal of Dispensary Application 333‑008‑1070
Expiration and Renewal of Dispensary Registration 333‑008‑1075
Medical Marijuana Dispensaries: PRD Criteria and Responsibilities 333‑008‑1078
Medical Marijuana Dispensaries: Removal, Addition, Change, Designation or Assignment of PRD 333‑008‑1110
Medical Marijuana Dispensaries: Locations of Medical Marijuana Dispensaries 333‑008‑1200
Medical Marijuana Dispensaries: Operation of Registered Dispensaries 333‑008‑1205
Registered Dispensary Signage 333‑008‑1230
Medical Marijuana Dispensaries: Transfers to a Registered Dispensary 333‑008‑1245
Transfers From a Registered Dispensary to a Patient or Designated Primary Caregiver 333‑008‑1247
Medical Marijuana Dispensaries: Registered Dispensary Record Keeping 333‑008‑1252
Dispensary CTS Tracking 333‑008‑1255
Medical Marijuana Dispensaries: Non-Profit Dispensaries 333‑008‑1600
Medical Marijuana Processors: Applicability 333‑008‑1610
Medical Marijuana Processors: Definitions 333‑008‑1620
Medical Marijuana Processors: Application for Medical Marijuana Processing Site Registration 333‑008‑1630
Medical Marijuana Processors: Processing Site Fees 333‑008‑1650
Medical Marijuana Processors: Processing Site Application Review 333‑008‑1660
Medical Marijuana Processors: Processing Site Pre-Approval Inspection 333‑008‑1670
Medical Marijuana Processors: Denial of Processing Site Application 333‑008‑1680
Medical Marijuana Processors: Withdrawal of Processing Site Application 333‑008‑1690
Medical Marijuana Processors: Expiration and Renewal of Registration for Processing Site 333‑008‑1700
Medical Marijuana Processors: Processing Site Endorsements 333‑008‑1710
Medical Marijuana Processors: PRP Criteria and Responsibilities 333‑008‑1720
Medical Marijuana Processors: Removal, Addition, Change, Designation or Assignment of PRP 333‑008‑1730
Medical Marijuana Processors: Registered Processing Site Premises Restrictions and Requirements 333‑008‑1740
Medical Marijuana Processors: Operation of Registered Processing Site 333‑008‑1750
Medical Marijuana Processors: Processor Training Requirements 333‑008‑1760
Medical Marijuana Processors: Transfers to a Registered Processing Site 333‑008‑1770
Medical Marijuana Processors: Transfers from a Registered Processing Site 333‑008‑1780
Medical Marijuana Processors: General Processing Site Health and Safety Requirements 333‑008‑1790
Medical Marijuana Processors: Cannabinoid Edible Processor Requirements 333‑008‑1800
Medical Marijuana Processors: Cannabinoid Concentrate and Extract Processor Requirements 333‑008‑1810
Medical Marijuana Processors: Cannabinoid Topical, Tincture, Capsule, Suppository or Transdermal Patch Processor 333‑008‑1820
Medical Marijuana Processors: Registered Processing Site Recordkeeping 333‑008‑1835
Medical Marijuana Processors: Processing Site CTS Tracking 333‑008‑2000
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Definitions 333‑008‑2010
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Communication with the Oregon Health Authority 333‑008‑2020
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Criminal Background Checks 333‑008‑2030
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Notification of Changes 333‑008‑2040
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Changing, Altering, or Modifying Licensed Premises 333‑008‑2050
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Change in Location 333‑008‑2060
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Secretary of State Registration Required 333‑008‑2070
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Advertising Restrictions 333‑008‑2080
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Security Requirements 333‑008‑2090
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Video Surveillance Equipment 333‑008‑2100
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Required Camera Coverage and Camera Placement 333‑008‑2110
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Video Recording Requirements 333‑008‑2120
General Requirements for Medical Marijuana Processing Sites and Dispensaries Location and Maintenance of Surveillance Equipment 333‑008‑2140
General Requirements for Medical Marijuana Processing Sites and Dispensaries: State and Local Safety Inspections 333‑008‑2150
General Requirements for Medical Marijuana Processing Sites and Dispensaries: General Sanitary Requirements 333‑008‑2160
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Foreclosure 333‑008‑2170
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Inspections 333‑008‑2180
Violations 333‑008‑2190
General Requirements for Medical Marijuana Processing Sites and Dispensaries Enforcement 333‑008‑2200
General Requirements for Medical Marijuana Processing Sites and Dispensaries: Civil Penalties 333‑008‑2210
Penalty Matrix 333‑008‑3000
Medical Marijuana Records: Medical Marijuana Confidentiality 333‑008‑3010
Medical Marijuana Records: System to Allow Verification of Data at All Times By State and Local Law Enforcement 333‑008‑9905
OMMP Operations During Declared Emergency
Last Updated

Jun. 8, 2021

Rule 333-008-1110’s source at or​.us