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.
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