OAR 333-008-0720: Oregon Medical Marijuana Program (OMMP) Monitoring, Investigation, and Enforcement: Violations

In addition to failure to comply with any applicable provision of ORS 475C.770 to 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules, it is a violation: (1) For a person responsible for a marijuana grow site (PRMG): (a) To transfer seeds, immature plants or usable marijuana to a registered processing site or dispensary without a valid patient authorization or personal agreement. (b) To transfer usable marijuana to an Oregon Liquor and Cannabis Commission (Commission) licensed processor site or licensed wholesaler without a valid assignment of rights from a patient through a personal agreement under ORS 475C.798. (c) To produce marijuana at a grow site area that has been artificially subdivided into separate grow sites. (d) To produce marijuana if the PRMG or the grow site do not meet the qualifications for registration under ORS 475C.792 or 475C.794 or rule adopted thereunder. (2) To fail to cooperate with the Oregon Health Authority (Authority) during an inspection or investigation. Failure to cooperate includes but is not limited to: (a) Failure to provide directions to a grow site. (b) Refusal to grant access to any and all portions of the registered grow site that the Authority has reason to believe are used in the production, harvesting, curing, storing, or packaging of marijuana. (c) Failure to meet Authority staff within a reasonable period of time at the registered grow site after being notified of an on-site inspection. (d) Failure to provide confirmation, upon request by the Authority, of the presence or absence of hazards or dangerous conditions at a grow site. (e) Failure to provide to the Authority, upon request, information concerning compliance with these rules. (3) To fail to pay a civil penalty. (4) To submit false or misleading information to the Authority or the Commission. (5) To provide marijuana to a patient, designated primary caregiver, organization or facility caregiver, employee, or other person to have the marijuana tested for pesticides on behalf of the PRMG without disclosing to the laboratory the PRMG’s OMMP number. (6) For a patient, caregiver or PRMG to misrepresent any marijuana item to a patient, caregiver, PRMG, dispensary, processing site, Commission licensed processor or wholesaler, or laboratory licensee, including: (a) To misrepresent the contents of a marijuana item. (b) To misrepresent the testing results of a marijuana item. (c) To misrepresent the potency of a marijuana item. (d) To treat or otherwise adulterate usable marijuana with any chemical, biologically active drug, plant, substance, including nicotine, or other compound that has the effect or intent of altering the usable marijuana’s color, appearance, weight, or smell or that has the effect or intent of increasing potency, toxicity, or addictiveness. (e) To supply adulterated marijuana items.