OAR 845-025-8520
Prohibited Conduct

(1)

Sale to a Minor. A licensee or permittee may not sell, deliver, transfer or make available any marijuana item or hemp item to a person under 21 years of age unless the individual holds a valid OMMP patient or designated primary caregiver card.

(a)

Violation of this section for an intentional sale to a minor by licensee or permittee or licensee representative is a Category II violation.

(b)

Violation of this section for other than intentional sales is a Category II(b) violation.

(2)

Identification. A licensee or licensee representative must require a person to produce identification as required by ORS 475B.216 (Identification requirement) before selling or providing a marijuana item or hemp item to that person. Violation of this section is a Category IV violation.

(3)

Access to Premises.

(a)

A licensee, laboratory licensee, or permittee may not:

(A)

During regular business hours for the licensed premises, refuse to admit or fail to promptly admit a Commission regulatory specialist who identifies him or herself and who enters or wants to enter a licensed premises to conduct an inspection to ensure compliance with ORS 475B affecting the licensed privileges; or these rules;

(B)

Outside of regular business hours or when the premises appear closed, refuse to admit or fail to promptly admit a Commission regulatory specialist who identifies him or herself and requests entry on the basis that there is a reason to believe a violation of ORS 475B affecting the licensed privileges; or these rules is occurring; or

(C)

Once a regulatory specialist is on the licensed premises, ask the regulatory specialist to leave until the specialist has had an opportunity to conduct an inspection to ensure compliance with ORS 475B affecting the licensed privileges; or these rules.

(b)

Violation of this section is a Category II violation.

(c)

A licensee or laboratory licensee must at all times retain control of, or the right of access to, all or any part of the licensed premises. Except as provided in OAR 845-025-1160 (Notification of Changes)(5), failure to retain such control or right of access is a Category I violation and may be grounds for immediate suspension or cancellation of the license.

(4)

Use or Consumption of Intoxicants on Duty and Under the Influence on Duty.

(a)

No licensee, licensee representative, laboratory licensee, laboratory licensee representative, or permittee may consume any intoxicating substances while on duty, except for employees as permitted under OAR 845-025-1230 (Licensed Premises Restrictions and Requirements)(6)(b). Violation of this subsection is a Category III violation.

(b)

No licensee, licensee representative, laboratory licensee, laboratory licensee representative, or permittee may be under the influence of intoxicating substances while on duty. Violation of this subsection is a Category II violation.

(c)

Whether a person is paid or scheduled for a work shift is not determinative of whether the person is considered “on duty.”

(d)

As used in this section:

(A)

“On duty” means:
(i)
From the beginning to the end of a work shift for the licensed business, including any and all coffee, rest or meal breaks; or
(ii)
Performing any acts on behalf of the licensee or the licensed business outside of a work shift if the individual has the authority to put himself or herself on duty.

(B)

“Intoxicants” means any substance that is known to have or does have intoxicating effects, and includes alcohol, marijuana, or any other controlled substances.

(5)

Permitting Use of Marijuana at Licensed Premises. A licensee, laboratory licensee, or permittee may not permit the use or consumption of marijuana, hemp items, or any other intoxicating substance, anywhere in or on the licensed premises, or in surrounding areas under the control of the licensee, except for employees as permitted under OAR 845-025-1230 (Licensed Premises Restrictions and Requirements)(6)(b). Violation of this section is a Category III violation.

(6)

Import and Export. A licensee, laboratory licensee, or permittee may not import marijuana items into this state or export marijuana items out of this state. Violation of this section is a Category I violation and could result in license or permit revocation.

(7)

Permitting, Disorderly or Unlawful Conduct. A licensee, laboratory licensee, or permittee may not permit disorderly activity or activity that is unlawful under Oregon state law on the licensed premises or in areas adjacent to or outside the licensed premises under the control of the licensee.

(a)

If the prohibited activity under this section results in death or serious physical injury, or involves unlawful use or attempted use of a deadly weapon against another person, or results in a sexual offense which is a Class A felony such as first degree rape, sodomy, or unlawful sexual penetration, the violation is a Category I violation and could result in license or permit revocation.

(b)

If the prohibited activity under this section involves use of a dangerous weapon against another person with intent to cause death or serious physical injury, it is a Category II violation.

(c)

As used in this section:

(A)

“Disorderly activities” means activities that harass, threaten or physically harm oneself or another person.

(B)

“Unlawful activity” means activities that violate the laws of this state, including but not limited to any activity that violates a state criminal statute.

(d)

The Commission does not require a conviction to establish a violation of this section except as required in ORS 475B.045 (Grounds for refusing to issue license or issuing restricted license).

(8)

Marijuana as a Prize, Premium or Consideration. No licensee or permittee may give or permit the giving of any marijuana item as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind on the licensed premises.

(9)

Visibly Intoxicated Persons. No licensee or permittee may sell, give, or otherwise make available any marijuana item to any person who is visibly intoxicated. Violation of this section is a Category III violation.

(10)

Prohibited inhalable cannabinoid products.

(a)

For purposes of this rule, a “prohibited inhalable cannabinoid product” is an inhalable cannabinoid product that does not meet the requirements of OAR 845-025-3265 (Inhalable Cannabinoid Product Processor Requirements).

(b)

No licensee or permittee may:

(A)

Process or manufacture a prohibited inhalable cannabinoid product on or after April 1, 2021;

(B)

Possess, sell, deliver, transfer, transport, purchase, or receive the prohibited inhalable cannabinoid product on or after July 1, 2021, if the prohibited inhalable cannabinoid product was processed or manufactured prior to April 1, 2021; or

(C)

Possess, sell, deliver, transfer, transport, purchase, or receive a prohibited inhalable cannabinoid product that was processed or manufactured on or after April 1, 2021.

(c)

An intentional violation of this section is a Category II violation.

(d)

An unintentional violation of this section is a Category III violation.

(11)

Additional Prohibitions. A licensee or permittee may not:

(a)

Sell or deliver any marijuana item or hemp item through a drive-up or walk-up window.

(b)

Use any device or machine that both verifies the age of the consumer and delivers marijuana or hemp items to the consumer.

(c)

Deliver marijuana or hemp items to a consumer off the licensed premises, except that retail licensees may provide delivery as set forth in OAR 845-025-2880 (Delivery of Marijuana Items by Retailer).

(d)

Violation of this subsection is a Category III violation.

(e)

Permit industrial hemp or a hemp item to be present on the licensed premises, except as allowed by these rules. Violation of this subsection is a Category III violation. An intentional violation is a Category I violation.

Source: Rule 845-025-8520 — Prohibited Conduct, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-025-8520.

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 845-025-8520’s source at or​.us