OAR 845-025-2910: Transfer of Medical Marijuana Dispensary Inventory

(1) For purposes of this rule: (a) “Medical marijuana dispensary” means a medical marijuana dispensary registered under ORS 475C.833. (b) “Person responsible for the medical marijuana dispensary” or “PRD” has the meaning given that term in OAR 333-008-1010. (c) “Primary PRD” has the meaning given that term in OAR 333-008-1010. (2) An applicant for a retail license under ORS 475C.097 that is also an owner of a medical marijuana dispensary may submit a transfer request to the Commission, on a form prescribed by the Commission, to transition from being registered with the Authority to being licensed by the Commission. The request must include, at a minimum, the following information: (a) The name of the marijuana dispensary, dispensary address, and Authority issued registration number for the medical marijuana dispensary; (b) The name and contact information of the owner of the medical marijuana dispensary; (c) The names and contact information for each PRD; (d) Identification of the primary PRD; (e) An authorization that permits the Authority to disclose to the Commission any information necessary to verify the information submitted in the request; and (f) The amount and type of marijuana items proposed to be transferred. (3) Upon receiving a request under section (2) of this rule the Commission must verify with the Authority: (a) The registration status of the medical marijuana dispensary; and (b) The ownership of the dispensary and the identification of each PRD and the primary PRD. (4) A transfer request will be denied if an applicant has not complied with this rule or if a license is denied under OAR 845-025-1115. (5) The Commission may inspect the marijuana items proposed for transfer to determine if they: (a) Have been packaged, labeled, and tested in accordance with OAR 845-025-7000 to 845-025-7060 and 845-025-5700; and (b) Meet the applicable concentration limits in OAR 845-026-0210 or 845-026-0220. (6) If the information in the transfer request is verified by the Authority and the Commission approves a license application under ORS 475C.085, the Commission must notify the applicant of the amount and type of marijuana items permitted to be transferred. (7) The Commission will deny the request to transfer any marijuana item that: (a) Was not identified in the request to transfer; or (b) Was not in the dispensary’s inventory at the time of the request to transfer. (8) The Commission will deny the request to transfer any marijuana that does not comply with the applicable packaging and testing rules in OAR 845-025-7000 to 845-025-7060 and 845-025-5700, except as provided in section (9) of this rule. (9) The Commission will allow the transfer of marijuana items received by the dispensary prior to October 1, 2016 if: (a) The marijuana item was tested in accordance with OAR 333-008-1190 in effect at the time, if the item contains a label placed on the package where it can easily be seen by a consumer, patient, or designated primary caregiver that reads “DOES NOT MEET NEW TESTING REQUIREMENTS” in 12 point font and in bold, capital letters; and (b) The marijuana item is packaged in a child resistant container as required by 845-025-7020(2). (10) The Commission may deny a transfer request if it cannot verify the information in the request or the applicant submitted incomplete information to the Commission. (11) Marijuana items transferred under section (9) of this rule may be retained in the retail licensee’s inventory until March 1, 2017. Violation of this section is a Category III violation. (12) Transferred inventory must be recorded in CTS as required by these rules.