OAR 845-025-2040
Production Size Limitations

(1) Definitions. For the purposes of this rule:
(a) “Mixed production” means a producer who has the privilege to grow marijuana both indoors and outdoors at the same licensed premises.
(b) “Producer type” means indoor production, outdoor production, or mixed production.
(c) “Production method” means indoor mature canopy, outdoor mature canopy, or immature canopy.
(d) “Production tier” means micro tier I, micro tier II, tier I, or tier II as described in section (3) of this rule.
(2) General Requirements.
(a) A producer must maintain documentation clearly identifying the size, production method, measurements, and shapes for each mature and immature canopy area in the licensed premises. The documentation may be kept in either paper or electronic form and must be made available for inspection if requested by an employee of the Commission.
(b) A mature marijuana plant, as defined in these rules, may only be located in an area designated as a mature canopy area.
(c) A producer must have written approval from the Commission prior to changing the location of a designated canopy area, the shape of a canopy area, producer type, production method, or production tier.
(d) A producer engaging in mixed production may only request to increase its designated mature canopy of one production method by decreasing the designated mature canopy of another production method once per license year.
(3) Mature Canopy Size Limits.
(a) Indoor Production. Unless otherwise provided by these rules, the maximum mature canopy size limits for indoor production are:
(A) Micro tier I: Up to 625 square feet.
(B) Micro tier II: 626 to 1,250 square feet.
(C) Tier I: 1,251 to 5,000 square feet.
(D) Tier II: 5,001 to 10,000 square feet.
(b) Outdoor Production. Unless otherwise provided by these rules, the maximum mature canopy size limits for outdoor production are:
(A) Micro tier I: Up to 2,500 square feet.
(B) Micro tier II: 2,501 to 5000 square feet.
(C) Tier I: 5,001 to 20,000 square feet.
(D) Tier II: 20,001 to 40,000 square feet.
(c) Mixed Production. For a producer engaging in mixed production, the Commission will use a 4:1 ratio, for outdoor and indoor respectively, to allocate canopy size limits under this section, not to exceed the sum canopy size limits set forth in section (3) of this rule. For example, if a Tier II producer in the first year of licensure has 1,000 square feet of indoor mature canopy area, then the producer may have up to 36,000 square feet of mature outdoor canopy area at the same time.
(4) Immature Canopy Size Limits. Unless otherwise provided by these rules, the maximum canopy size limits for immature canopy area for licenses issued or renewed after April 1, 2018 shall be:
(a) 625 square feet for Micro tier I producers.
(b) 1,250 square feet for Micro tier II producers.
(c) 5,000 square feet for Tier I producers.
(d) 10,000 square feet for Tier II producers.
(5) Canopy Area Measurements and Shapes.
(a) Square footage of a canopy area is measured horizontally starting from the outermost point of the furthest plant in a designated canopy area and continuing around the outside of all plants located within the designated canopy area. If immature plants are grown on racks or shelving within the immature canopy area, only the footprint of the area containing the immature plants will be used to calculate the immature canopy area. The total canopy area of mature plants grown on racks or shelving is measured to include each layer of plants as a separate canopy area.
(b) Maximum canopy areas allowed. A producer must either:
(A) Designate no more than 20 quadrilateral canopy areas including both immature and mature canopy areas at a licensed premises and clearly demarcate each canopy area with a physical boundary, wall, or marker at the outermost edge or each corner of each designated canopy space; or by at least eight feet of open space.
(B) Designate no more than 20 canopy areas of any shape including both immature and mature canopy areas at a licensed premises and provide the Commission with a survey of the canopy space conducted by a Professional Land Surveyor licensed by Oregon State Board of Examiners for Engineering and Land Surveying that shows the total square footage each of mature and immature canopies are within the applicable canopy size limits described in this rule.
(6) Production Tier Changes.
(a) A producer licensed under ORS 475B.070 (Production license) for at least one year may request to increase its approved production tier at any time after the first license year, up to the maximum production tier allowed under this rule. A producer must make a request for an increase in writing, in a form and manner prescribed by the Commission.
(b) The Commission may approve a request for a production tier increase if the Commission believes that granting the request does not present an increased risk of noncompliance with the provisions of ORS Chapter 475B (Cannabis Regulation) and these rules and if the producer:
(A) Has not already been approved for a production tier increase during the current license year;
(B) Has submitted an approved Land Use Compatibility Statement showing the increased production tier is not prohibited; and
(C) Has not been sanctioned by the Commission for violating a provision of ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or a rule adopted under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) during the past year.
(c) A producer may not increase its production tier without prior written approval from the Commission.
(d) If the Commission determines a producer meets the requirements to increase its production tier at a time other than renewal, the producer must submit payment to the Commission for the difference in the fee paid by the producer at the prior renewal and the fee described in OAR 845-025-1160 (Notification of Changes) for the increased tier size before the Commission will provide the producer with written approval.
(e) The Commission may deny a producer’s request to increase its production tier if the producer does not meet the requirements of this or any other pertinent rule. If the Commission denies the request, the producer has a right to a hearing under the procedures of ORS chapter 183.
(7) Producer Type Changes.
(a) A producer licensed under ORS 475B.070 (Production license) for at least one year may request to change its approved producer type at any time after the first license year. A producer must make a request for the change of producer type in writing, in a form and manner prescribed by the Commission.
(b) The Commission may approve a request for a change of producer type if the Commission believes that granting the request does not present an increased risk of noncompliance with the provisions of ORS Chapter 475B (Cannabis Regulation) and these rules and if the producer:
(A) Has not already been approved for a change of producer type during the current license year; and
(B) Has submitted an approved Land Use Compatibility Statement showing the proposed producer type is not prohibited.
(c) A producer may not change its producer type without prior written approval from the Commission.
(d) The Commission may deny a producer’s request to change its producer type if the producer does not meet the requirements of this or any other pertinent rule. If the Commission denies the request, the producer has a right to a hearing under the procedures of ORS chapter 183.
(8) Violations. An intentional violation of this rule is a Category I violation and may result in license revocation. All other violations are Category III violations.
(9) On an annual basis, the Commission shall evaluate market demand for marijuana items, the number of persons applying for producer licenses or licensed as producers and whether the availability of marijuana items in this state is commensurate with the market demand. Following this evaluation, the Commission may amend this rule as needed.

Source: Rule 845-025-2040 — Production Size Limitations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-025-2040.

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 845-025-2040’s source at or​.us