OAR 845-025-1450: Video Recording Requirements for Licensed Facilities

(1) A licensee must have cameras that continuously record, 24 hours a day: (a) In all areas where mature marijuana plants, immature marijuana plants, usable marijuana, cannabinoid concentrates, extracts, products or waste may be present on the licensed premises; and (b) All points of ingress and egress to and from areas where mature marijuana plants, immature marijuana plants, usable marijuana, cannabinoid concentrates, extracts, products or waste may be present. (2) A licensee must: (a) In all areas where camera coverage is required, use cameras that record at a minimum resolution of 1280 x 720 px and record at 10 fps (frames per second); (b) Use cameras that are capable of recording in all lighting conditions; (c) Have and keep surveillance recordings for a minimum of 90 calendar days; (d) Have and keep off-site backup recordings described in subsection (2)(k) of this rule for a minimum of 30 days; (e) Maintain surveillance recordings in a format approved by the Commission that can be easily accessed for viewing and easily reproduced; (f) Upon request of the Commission, keep surveillance recordings for periods exceeding the retention period specified in subsection (2)(c) of this rule; (g) Have the date and time embedded on all surveillance recordings without significantly obscuring the picture; (h) Archive video recordings in a format that ensures authentication of the recording as a legitimately-captured video and guarantees that no alterations of the recorded image has taken place; (i) Make video surveillance records and recordings available immediately upon request to the Commission in a format specified by the Commission for the purpose of ensuring compliance with ORS chapter 475C and these rules; (j) Within 48 hours notify the Commission of any equipment failure or system outage lasting 30 minutes or more; and (k) Back up the video surveillance recordings off-site and in real time for the surveillance room or surveillance area. (3) Notwithstanding the requirements in section (1) of this rule a licensee or laboratory licensee may stop recording in areas where marijuana items are not present due to seasonal closures or prolonged periods of inactivity. (a) At least 24 hours before stopping recording, a licensee or laboratory licensee must submit notice to the Commission and the notice must include: (A) A copy of the licensee’s plot plan or diagram as described in OAR 845-025-1030 showing which cameras will be deactivated, the total number of cameras that will be deactivated, and a description or list of areas or applicable labels of the deactivated cameras. (B) The date and time recording will stop. (C) An explanation for why recording will be stopped. (D) The date and time recording will resume. (b) A licensee or laboratory licensee: (A) May not stop the recording or continuous real time back up of the recording for a surveillance area unless all other cameras on the licensed premises are shut down under this rule. (B) Must resume all required recording no later than the date and time specified in the notice submitted under subsection (a) of this section. (C) May not engage in any licensed privileges in any areas where recording was stopped under this section. (4) A licensee may satisfy the requirements of section (1) of this rule by use of cameras that continuously record and store all recordings or by use of a motion detection camera system. (a) Characteristics of a motion detection camera system. To satisfy the requirements of section (1) of this rule, the system must be capable of: (A) Using video analytics for monitoring purposes; (B) Storing video recorded through the system; and (C) Allowing searching and auditing of the system’s log, including for changes to the motion detection sensitivity settings and camera activity. (b) Use of a motion detection camera system. To satisfy the requirements of section (1) of this rule, the licensee must: (A) Record and store all intervals of video where motion is detected, including all times that a person is present within an area described in OAR 845-025-1440, for the period of time described in subsection (2)(c) and (2)(d) of this rule. (B) Keep the sensitivity and triggering threshold at a level that will record continuously without interruption any time a person is in view of the camera within the licensed premises. (C) Ensure that all areas specified in OAR 845-025-1440 are within the zones of detection where the camera system is capable of recognizing motion. (5) Failure to comply with subsections (1)(a), (b) or (2)(e), (f), (g), (h), or (i) or section (4) of this rule is a Category II violation. (6) Failure to comply with subsection (2)(a), (b), (d), (j), or (k) is a Category III violation. (7) Failure to comply with subsection (2)(c) of this rule is: (a) A Category II violation if the licensee maintained surveillance recordings for 30 days or less. (b) A Category III violation if the licensee maintained surveillance recordings for more than 30 days but less than 90 days. (c) A Category I violation when the Commission has reasonable grounds to believe that licensee is engaging in diversion or inversion of marijuana and the licensee has not maintained surveillance recordings for all or part of the suspected time period. (8) A licensee may not engage in any privileges of the license in an area that does not have camera coverage as described in OAR 845-025-1440 and 845-025-1450 or in an area where camera coverage has been stopped pursuant to section (3) of this rule, including but not limited to possessing, storing, cultivating, transporting, transferring, or receiving marijuana items.