OAR 845-025-1230
Licensed Premises Restrictions and Requirements


(1) A licensed premises may not be located:
(a) On federal property; or
(b) At the same physical location or address as a:
(A) Medical marijuana grow site registered under ORS 475B.810 (Marijuana grow site registration system);
(B) Medical marijuana processing site registered under ORS 475B.840 (Marijuana processing site registration system);
(C) Medical marijuana dispensary registered under ORS 475B.858 (Medical marijuana dispensary registration system); or
(D) Liquor license licensed under ORS Chapter 471 (Alcoholic Liquors Generally) or as a retail liquor agent appointed by the Commission.
(2) The licensed premises of a producer applicant may not be on:
(a) Public land; or
(b) The same tax lot as another producer licensee under common ownership.
(3) The licensed premises of a retailer may not be located:
(a) Except as provided in ORS 475B.109 (Proximity of marijuana retailer to school), within 1,000 feet of:
(A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020 (Duty to send children to school); or
(B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (Exemptions from compulsory school attendance).
(b) In an area that is zoned exclusively for residential use.
(4) The licensed premises of a processor who has an endorsement to process extracts may not be located in an area that is zoned exclusively for residential use.
(5) The licensed premises of a processor, wholesaler, laboratory and retailer must be enclosed on all sides by permanent walls and doors. A processor or wholesaler licensee may be exempt from this requirement if the processor or wholesaler licensee can show in its security plan how the licensee will maintain security within an unenclosed area, and the Commission determines it does not present a risk to public health and safety.
(6) A licensee may not permit:
(a) Any minor to work or be on a licensed premises except as described in this rule; or
(b) On-site consumption of a marijuana item, alcohol, or other intoxicant by any individual, except that a licensee representative who has a current registry identification card issued under ORS 475B.797 (Registry identification cardholders) may consume marijuana during his or her work shift on the licensed premises as necessary for his or her medical condition, if the employee is alone, in a closed room and not visible to others outside the room. A licensee representative who consumes a marijuana item as permitted under this section may not be intoxicated while on duty. For purposes of this section allowable on-site consumption in an enclosed area, as that as defined in OAR 333-015-0030 (Oregon Indoor Clean Air Act: Definitions) does not include smoking, combusting, inhaling, vaporizing, or aerosolizing a marijuana item.
(7) A licensee may permit a minor to be on the licensed premises, if the minor:
(a) Has a legitimate business purpose for being on the licensed premises. For example, a minor plumber may be on the premises in order to make a repair;
(b) Passes through the licensed area of an outdoor producer in order to reach an unlicensed area, so long as the minor is not present in areas that contain marijuana items;
(c) Resides on the tax lot where a marijuana producer is licensed, so long as the minor is not present in areas of a producer’s licensed premises that contain usable marijuana or cut and drying marijuana plants; or
(d) Is a current Oregon Medical Marijuana Program cardholder or designated primary caregiver and is over eighteen years of age.
(8) A licensee must clearly identify all limited access areas in accordance with OAR 845-025-1245 (Signage).
(9) Log. A licensee must keep a daily log of all employees and permitted visitors who perform work on the licensed premises, except for Commission employees and other state or local government officials acting in an official capacity who have jurisdiction over some aspect of the licensed premises or operation.
(a) In CTS, a licensee must record the following information for each current employee and licensee representative:
(A) For an employee or licensee representative required to have a marijuana worker permit, the permit number and name of the individual as they appear on the marijuana worker permit.
(B) For an employee or licensee representative not required to have a marijuana worker permit, the name and date of birth of the individual as this information is displayed on valid government-issued ID.
(b) All employees and permitted visitors, present on the licensed premises must wear clothing or a badge issued by the licensee that easily identifies the individual as an employee or permitted visitors. A visitor badge is not required for government officials.
(c) All permitted visitors must be accompanied by a licensee representative at all times.
(d) On the daily log, a licensee must record the name and date of birth as this information is displayed on valid government-issued ID for every contractor who performs work on the licensed premises. If the contractor is licensed by the State of Oregon, the licensee must also record the contractor’s license number.
(e) A licensee must maintain a copy of the daily log required by this rule for a period of at least 90 days.
(10) Permitted Visitors. The general public is not permitted in limited access areas on a licensed premises, except for the consumer sales area of a retailer. In addition to licensee representatives, the following visitors are permitted to be present in limited access areas on a licensed premises, subject to the requirements of this rule and other pertinent rules:
(a) Laboratory personnel, if the laboratory is licensed by the Commission;
(b) A contractor, vendor or service provider authorized by a licensee representative to be on the licensed premises;
(c) Another licensee or that licensee’s representative;
(d) Invited guests as defined in OAR 845-025-1015 (Definitions) subject to requirements of this rule; or
(e) Tour groups as permitted by this rule.
(11) Producer Tours. A marijuana producer or research certificate holder may offer tours of the licensed premises, including limited access areas, to the general public if the licensee submits a control plan in writing and the plan is approved by the Commission.
(a) The plan must describe how conduct of the individuals on the tour will be monitored, how access to usable marijuana will be limited, and what steps the licensee will take to ensure that no minors are permitted on the licensed premises.
(b) The Commission may withdraw approval of the control plan if the Commission finds there is poor compliance with the plan. Poor compliance may be indicated by, for example, individuals on the tour not being adequately supervised, an individual on the tour obtaining a marijuana item while on the tour, a minor being part of a tour, or the tours creating a public nuisance.
(12) Nothing in this rule is intended to prevent or prohibit Commission employees or contractors, or other state or local government officials that have jurisdiction over some aspect of the licensed premises or licensee from being on the licensed premises. When Commission employees identify themselves, these employees shall present Commission-issued identification while performing their job duties, but are not required to provide a date of birth or any form of identification listed ORS 475B.216 (Identification requirement).
(13) A licensee may not sublet any portion of a licensed premises.
(14) A licensed premises may receive marijuana items only from a marijuana producer, marijuana processor, or marijuana wholesaler for whom a premises has been licensed by the Commission or as otherwise provided by these rules.
(15) A licensed wholesaler or retailer who sells or handles food, as that term is defined in ORS 616.695 (Definitions for ORS 616.695 to 616.755), or cannabinoid edibles must also be licensed by the Oregon Department of Agriculture under ORS 616.706 (Licenses).

Source: Rule 845-025-1230 — Licensed Premises Restrictions and Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-025-1230.

845‑025‑1000
Applicability
845‑025‑1015
Definitions
845‑025‑1030
Application Process
845‑025‑1045
True Name on Application
845‑025‑1060
Fees
845‑025‑1070
Late Renewal Fees
845‑025‑1080
Criminal Background Checks
845‑025‑1090
Application Review
845‑025‑1100
Approval of Application and Issuance of License
845‑025‑1115
Denial of Application
845‑025‑1130
Withdrawal of Application
845‑025‑1131
Producer Application Submission Deadlines
845‑025‑1132
Prohibited Changes to License Applications
845‑025‑1135
Application Processing Deadlines
845‑025‑1145
Communication With Commission
845‑025‑1160
Notification of Changes
845‑025‑1175
Changing, Altering, or Modifying Licensed Premises
845‑025‑1190
License Renewal
845‑025‑1200
Financial and Business Records
845‑025‑1215
Standardized Scales
845‑025‑1230
Licensed Premises Restrictions and Requirements
845‑025‑1245
Signage
845‑025‑1260
Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party
845‑025‑1275
Closure of Business
845‑025‑1290
Licensee Responsibility
845‑025‑1295
Local Ordinances
845‑025‑1300
Licensee Prohibitions
845‑025‑1330
Trade Samples
845‑025‑1335
Marijuana Promotional Events
845‑025‑1360
Quality Control Samples
845‑025‑1400
Security Plans
845‑025‑1405
Security Waivers
845‑025‑1410
Security Requirements
845‑025‑1420
Alarm System
845‑025‑1430
Video Surveillance Equipment
845‑025‑1440
Required Camera Coverage and Camera Placement
845‑025‑1450
Video Recording Requirements for Licensed Facilities
845‑025‑1460
Location and Maintenance of Surveillance Equipment
845‑025‑1470
Producer Security Requirements
845‑025‑1600
State and Local Safety Inspections
845‑025‑1620
General Sanitary Requirements
845‑025‑2000
Canopy Definitions
845‑025‑2020
Producer Privileges
845‑025‑2025
Micro Tier Processing. Privileges
845‑025‑2030
Licensed Premises of Producer
845‑025‑2040
Production Size Limitations
845‑025‑2045
Propagation Endorsement
845‑025‑2050
Recreational Marijuana Producers — Operating Procedures
845‑025‑2060
Recreational Marijuana Producers — Start-up Inventory
845‑025‑2070
Pesticides, Fertilizers and Agricultural Chemicals
845‑025‑2080
Harvest Lot Segregation
845‑025‑2090
Harvest Notification
845‑025‑2100
Transfer of Medical Marijuana Grower Inventory
845‑025‑2110
Medical Marijuana Registrant CTS Registration
845‑025‑2120
Medical Registrant CTS Requirements
845‑025‑2130
Grow site Transfers to Processor or Wholesaler Licensees
845‑025‑2140
Registrant to Patient Transfers
845‑025‑2150
Medical Marijuana Inspections and Compliance
845‑025‑2500
Registration to Produce Usable Marijuana for Patients
845‑025‑2550
Requirements for Producing and Providing Marijuana for Patients
845‑025‑2560
Cancellation of Registration
845‑025‑2700
Industrial Hemp Grower Certificate Application
845‑025‑2705
Industrial Hemp Handler Certificate Application
845‑025‑2750
Industrial Hemp Grower Certificate Privileges
845‑025‑2755
Industrial Hemp Handler Certificate Privileges
845‑025‑2760
THC Concentration Limits for Industrial Hemp and Hemp Items
845‑025‑2775
CTS Requirements for Industrial Hemp and Hemp Items
845‑025‑2785
Licensee Industrial Hemp Privileges
845‑025‑2800
Retailer Privileges
845‑025‑2820
Retailer Operational Requirements
845‑025‑2840
Retailer Premises
845‑025‑2860
Marijuana Retailers — Consumer Health and Safety Information
845‑025‑2880
Delivery of Marijuana Items by Retailer
845‑025‑2885
On-Site Delivery of Marijuana by Retailer
845‑025‑2890
Marijuana Retailers — Collection of Taxes
845‑025‑2900
Retail Sale of Marijuana for Medical Purposes
845‑025‑2910
Transfer of Medical Marijuana Dispensary Inventory
845‑025‑3200
Marijuana Processors — Definitions
845‑025‑3210
Marijuana Processors — Endorsements
845‑025‑3215
Processor Privileges
845‑025‑3220
General Processor Requirements
845‑025‑3230
Processor Policies and Procedures
845‑025‑3240
Processor Training Requirements
845‑025‑3250
Cannabinoid Edible Processor Requirements
845‑025‑3255
Alternating Proprietors
845‑025‑3260
Cannabinoid Concentrate and Extract Processor Requirements
845‑025‑3265
Inhalable Cannabinoid Product Processor Requirements
845‑025‑3270
CTS Requirements for Inhalable Cannabinoid Products with Non-Cannabis Additives
845‑025‑3280
Cannabinoid Topical Processor
845‑025‑3290
Processors Recordkeeping
845‑025‑3300
Processing Marijuana for Medical Purposes
845‑025‑3305
Processing for Cardholders
845‑025‑3310
Transfer of Medical Marijuana Processing Site Inventory
845‑025‑3500
Wholesale License Privileges
845‑025‑3505
Wholesaler For-Hire Trimming Privilege
845‑025‑3510
Micro-Wholesaler License Privileges
845‑025‑3600
Wholesaling Marijuana for Medical Purposes
845‑025‑5000
Laboratory License Privileges
845‑025‑5030
Laboratory Licensing Requirements
845‑025‑5045
Laboratory Tracking and Reporting
845‑025‑5060
Laboratory Transportation and Waste Disposal
845‑025‑5075
Laboratory Licensee Prohibited Conduct
845‑025‑5300
Application for Marijuana Research Certificate
845‑025‑5350
Marijuana Research Certificate Privileges
845‑025‑5500
Marijuana Worker Permit
845‑025‑5520
Marijuana Worker Permit Applications
845‑025‑5540
Marijuana Worker Permit Denial Criteria
845‑025‑5560
Marijuana Worker Examination Requirements
845‑025‑5580
Marijuana Worker Renewal Requirements
845‑025‑5590
Suspension or Revocation
845‑025‑5700
Licensee Testing Requirements
845‑025‑5720
Labeling, Storage, and Security of Pre-Tested Marijuana Items
845‑025‑5730
Wholesaler Coordination of Sampling and Testing
845‑025‑5740
Failed Test Samples
845‑025‑5760
Audit, Compliance, and Random Testing
845‑025‑5790
Marijuana Item Recalls
845‑025‑7000
Packaging and Labeling — Definitions
845‑025‑7010
Purpose, Scope and Effective Date
845‑025‑7020
Packaging for Sale to Consumer
845‑025‑7030
Labeling for Sale to Consumer
845‑025‑7045
Marijuana Plant Labeling Requirements
845‑025‑7050
Marijuana Seed Labeling Requirements
845‑025‑7070
Usable Marijuana Labeling Requirements
845‑025‑7080
Cannabinoid Topical Labeling Requirements
845‑025‑7090
Cannabinoid Edible Labeling Requirements
845‑025‑7100
Cannabinoid Concentrate and Extract Labeling Requirements
845‑025‑7110
Cannabinoid Tincture and Capsule Labeling Requirements
845‑025‑7120
Cannabinoid Products Other than Cannabinoid Edibles, Topicals, Tinctures or Capsules.
845‑025‑7130
Labeling Requirements for Medical Registrants Registered with the Oregon Health Authority
845‑025‑7140
Labeling Requirements for Industrial Hemp Commodities or Products Intended for Human Consumption or Use
845‑025‑7150
Wholesaler and Retailer Packaging and Labeling Compliance Requirements
845‑025‑7160
Packaging and Labeling Pre-approval Process
845‑025‑7170
Packaging and Labeling Prohibited Conduct
845‑025‑7180
Approval Withdrawal
845‑025‑7190
Effective Date
845‑025‑7500
Seed-To-Sale Tracking — CTS Requirements
845‑025‑7520
Unique Identification (UID) Tags
845‑025‑7540
Seed-To-Sale Tracking — CTS User Requirements
845‑025‑7560
Seed-To-Sale Tracking — System Notifications
845‑025‑7570
Seed-To-Sale Tracking — Cultivation Batches
845‑025‑7580
Reconciliation with Inventory
845‑025‑7590
Seed-To-Sale Tracking — Inventory Audits
845‑025‑7700
Transportation and Delivery of Marijuana Items
845‑025‑7750
Waste Management
845‑025‑8000
Advertising — Purpose and Application of Rules
845‑025‑8020
Advertising — Definitions
845‑025‑8040
Advertising Restrictions
845‑025‑8060
Advertising Media, Coupons, and Promotions
845‑025‑8080
Removal of Objectionable and Non-Conforming Advertising
845‑025‑8500
Responsibility of Licensee, Responsibility for Conduct of Others
845‑025‑8520
Prohibited Conduct
845‑025‑8540
Dishonest Conduct
845‑025‑8560
Inspections
845‑025‑8570
Uniform Standards for Minor Decoy Operations
845‑025‑8575
Restricting License Privileges and Conduct of Operations
845‑025‑8580
Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension
845‑025‑8590
Suspension, Cancellation, Civil Penalties, Sanction Schedule
845‑025‑8700
Prohibited Interests in the Marijuana Industry
845‑025‑8750
License Surrender
Last Updated

Jun. 8, 2021

Rule 845-025-1230’s source at or​.us