OAR 333-008-2190
General Requirements for Medical Marijuana Processing Sites and Dispensaries Enforcement


(1)

Intentionally left blank —Ed.

(a)

Informal Enforcement. If, during an inspection the Authority documents violations of ORS 475B.840 (Marijuana processing site registration system) to 475B.852 (Prohibition against transferring medical cannabinoid products, concentrates and extracts to certain persons), 475B.858 (Medical marijuana dispensary registration system) to 475B.867 (Duty to submit dispensing data to Oregon Health Authority), 475B.555 (Testing standards and processes), 475B.605 (Labeling requirements), 475B.615 (Packaging requirements), any of these rules or OAR chapter 333, division 7, the Authority may issue a written Notice of Violation to a registrant that cites the laws alleged to have been violated and the facts supporting the allegations.

(b)

A registrant must submit to the Authority a signed plan of correction within 10 business days from the date the Notice of Violation was mailed by the Authority. A signed plan of correction will not be used by the Authority as an admission of the violations alleged in the Notice.

(c)

The Authority must determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Authority it must notify the registrant in writing and request that the plan of correction be modified and resubmitted no later than 10 business days from the date the letter of non-acceptance was mailed.

(d)

If the written plan of correction is acceptable, the Authority must notify the registrant in writing and specify a date by which the registrant must come into compliance.

(e)

If the registrant does not come into compliance by the date specified by the Authority the Authority may propose to suspend or revoke the registrant’s registration or impose civil penalties.

(f)

The Authority may conduct an inspection at any time to determine whether a registrant has corrected the deficiencies in a Notice of Violation.

(2)

Formal Enforcement. If, during an inspection or based on other information the Authority determines that a registrant is in violation of ORS 475B.840 (Marijuana processing site registration system) to 475B.852 (Prohibition against transferring medical cannabinoid products, concentrates and extracts to certain persons), 475B.858 (Medical marijuana dispensary registration system) to 475B.867 (Duty to submit dispensing data to Oregon Health Authority), 475B.555 (Testing standards and processes), 475B.605 (Labeling requirements), 475B.615 (Packaging requirements), any of these rules or OAR chapter 333, division 7 the Authority may issue:

(a)

A Notice of Proposed Suspension or Revocation in accordance with ORS 183.411 (Delegation of final order authority) through 183.470 (Orders in contested cases).

(b)

A Notice of Imposition of Civil Penalties in accordance with OAR 333-008-2200 (General Requirements for Medical Marijuana Processing Sites and Dispensaries: Civil Penalties).

(c)

An Order of Emergency Suspension pursuant to ORS 183.430 (Hearing on refusal to renew license).

(3)

The Authority must determine whether to use the informal or formal enforcement process based on the nature of the alleged violations, whether there are mitigating or aggravating factors, and whether the registrant has a history of violations.

(4)

The Authority must issue a Notice of Proposed Revocation if the registrant no longer meets the criteria in ORS 475B.858 (Medical marijuana dispensary registration system)(3)(a) to (d) or ORS 475B.840 (Marijuana processing site registration system)(3)(a) or (b).

(5)

The Authority may issue civil penalties or maintain a civil action against an establishment providing the services of a processing site or dispensary but is not registered in accordance with ORS 475B.858 (Medical marijuana dispensary registration system), ORS 475B.840 (Marijuana processing site registration system) and these rules.

(6)

The Authority may revoke the registration of a registrant for failure to comply with an ordinance adopted by a city or county pursuant to ORS 475B.928 (Local time, place and manner regulations), if the city or county:

(a)

Has provided the registrant with due process substantially similar to the due process provided to a registration holder under the Administrative Procedures Act, ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases); and

(b)

Provides the Authority with a final order that is substantially similar to the requirements for a final order under ORS 183.470 (Orders in contested cases) that establishes the registrant is in violation of the local ordinance.

(7)

The Authority must post a final order revoking the registration of a registrant on the Authority’s website.

(8)

To the extent permitted by law, if the Authority discovers violations that may constitute criminal conduct or conduct that is in violation of laws within the jurisdiction of other state or local governmental entities, the Authority may refer the matter to the applicable agency.

(9)

If the registration of a registrant is revoked the owner or an authorized representative of the owner must:

(a)

Make arrangements to return the marijuana items still possessed at the location to the person who transferred the marijuana item, document the return, and provide this information in writing within one business day of the transfer, to the Authority; or

(b)

Dispose of the marijuana items in a manner specified by the Authority.

(10)

The Authority is not required to accept the surrender of a registration and may proceed with an enforcement action even if a registrant has surrendered the registration.

(11)

Notwithstanding OAR 333-008-3000 (Medical Marijuana Records: Medical Marijuana Confidentiality) if the Authority suspends or revokes a registration or otherwise takes disciplinary action against the registrant the Authority must provide that information to a law enforcement agency.

(12)

The Authority may possess, seize or dispose of marijuana, usable marijuana, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts as is necessary for the Authority to ensure compliance with and enforce the provisions of ORS 475B.840 (Marijuana processing site registration system) to 475B.852 (Prohibition against transferring medical cannabinoid products, concentrates and extracts to certain persons), 475B.858 (Medical marijuana dispensary registration system) to 475B.867 (Duty to submit dispensing data to Oregon Health Authority), 475B.555 (Testing standards and processes), 475B.605 (Labeling requirements), 475B.615 (Packaging requirements), any of these rules or OAR chapter 333, division 7.

Source: Rule 333-008-2190 — General Requirements for Medical Marijuana Processing Sites and Dispensaries Enforcement, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-008-2190.

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 333-008-2190’s source at or​.us