OAR 845-025-2550: Requirements for Producing and Providing Marijuana for Patients

(1) A licensed producer who has been registered by the Commission to produce marijuana for patients must: (a) Comply with all seed-to-sale tracking requirements required in these rules; (b) Comply with testing rules in OAR chapter 333, division 7 applicable to licensee testing of usable marijuana prior to transferring usable marijuana to a patient or the patient’s designated primary caregiver and upon request by a patient, provide a patient with a copy of all testing results; (c) Comply with all applicable testing, labeling, and packaging rules when transferring or selling usable marijuana to any licensee of the Commission; (d) In addition to subsection (a) of this section, use CTS to document the amount of usable marijuana transferred to each patient or designated primary caregiver, the date of the transfer, and the patient’s or designated primary caregiver’s OMMP number; (e) Provide at least 75 percent of the annual yield of usable marijuana to patients or their designated primary caregivers; and (f) Generate a manifest in CTS and carry a physical copy of the manifest when delivering marijuana to a patient or designated primary caregiver. If a patient or designated primary caregiver is picking up the usable marijuana, the producer must generate a manifest in CTS but a physical copy is not required. In addition to the information required on a transport manifest under OAR 845-025-7700, a manifest must include: (A) The registry identification card number of the registry identification cardholder to whom the items are being transferred; (B) The OMMP identification card number of the designated primary caregiver if transferring to a designated primary caregiver; or (C) The marijuana grow site registration card number of the PRMG if transferring to a PRMG. (2) A producer registered to produce marijuana for patients may: (a) Transfer immature marijuana plants, seeds, and tissue cultures from the producer’s recreational plant stock to the area used for the production of marijuana for patients; (b) Provide a patient or a designated primary caregiver: (A) No more than 24 ounces of usable marijuana per patient in any one transfer or in any 24 hour period; (B) An aggregate amount of no more than three pounds of usable marijuana per patient in a calendar year; (C) No more than 12 immature marijuana plants over 24 inches in height in any 24 hour period; and (D) No more than 36 immature marijuana plants under 24 inches in height in any 24 hour period. (c) Provide to a patient’s PRMG: (A) No more than 12 immature marijuana plants over 24 inches in height per patient that the PRMG is growing for in any 24 hour period; and (B) No more than 36 immature marijuana plants under 24 inches in height per patient that the PRMG is growing for in any 24 hour period. (d) Terminate their registration with prior notice to the Commission; and (e) Upon termination, the producer must: (A) Cease production in the medically designated canopy area; and (B) Transfer any remaining usable marijuana yielded from the medically designated canopy to either a registry identification cardholder or designated primary caregiver, as allowed by these rules. (3) May not: (a) Be compensated for producing or providing usable marijuana to a patient or the patient’s designated primary caregiver; (b) Transfer more than 25 percent of the total annual yield of usable marijuana from the producer’s medically designated canopy to licensees of the Commission; or (c) Transfer marijuana to a patient or designated primary caregiver other than as described in sections (1) and (2) of this rule. (4) Violations. A violation of section (2) of this rule is a Category II violation. All other violations of this rule are Category III violations.