OAR 845-025-3310: Transfer of Medical Marijuana Processing Site Inventory

(1) For purposes of this rule: (a) “Marijuana processing site” means a marijuana processing site registered under ORS 475C.815. (b) “Person responsible for the marijuana processing site” or “PRP” has the meaning given that term in OAR 333-008-0160. (c) “Primary PRP” has the meaning given that term in OAR 333-008-0160. (2) An applicant for a processor license under ORS 475C.085 that is also an owner of a registered marijuana processing site or a business that applied to register as a marijuana processing site prior to December 31, 2016 under ORS 475C.815, may submit a transfer request to the Commission, on a form prescribed by the Commission, to transfer inventory produced or obtained under Authority approval or registration. (3) Requests made under this rule must include, at a minimum, the following information: (a) The name of the marijuana processing site, address, and Authority issued registration number for the marijuana processing site. (b) The name and contact information of the owner of the marijuana processing site. (c) The names and contact information for each PRP. (d) Identification of the primary PRP. (e) The endorsements of the marijuana processing site. (f) An authorization that permits the Authority to disclose to the Commission any information necessary to verify the information submitted in the request; and (g) The amount and types of marijuana items proposed to be transferred. (4) Upon receiving a request under section (2) of this rule the Commission must verify with the Authority: (a) The registration status of the marijuana processing site; and (b) The ownership of the processing site and the identification of each PRP and the primary PRP. (5) 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. (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. (a) The Commission may not permit the transfer of a marijuana cannabinoid product, concentrate, or extract packaged for ultimate sale to the consumer that exceeds the concentration limits established for retail adult use under OAR 845-026-0210 unless the licensee has been registered to process medical grade cannabinoid concentrates, extracts, or products. (b) For transfer requests that are received after January 31, 2017, the Commission may not permit the transfer of a marijuana item that was produced or acquired before December 31, 2016, unless the applicant is registered with the Authority as a processing site under ORS 475C.815 and the item was processed or acquired on or after the date the processing site was registered. (c) Prior to licensure the marijuana processing site must return any marijuana item that is the lawful property of a patient. (d) Any marijuana items that have not been approved by the Commission for transfer or returned to a patient as described in subsection (5)(b) of this rule must be removed from the premises by the applicant prior to the initial date of licensure and lawfully transferred or disposed of. (7) Information regarding the usable marijuana, cannabinoid concentrates, extracts, or products transferred must be recorded in CTS within 10 calendar days of licensure. (8) The licensee must notify the Commission once the usable marijuana, cannabinoid concentrates, extracts, or products are entered into CTS and the Commission may inspect the premises to verify the information the licensee entered into CTS. (9) Once the transfer of inventory under this section is complete the Commission must notify the Authority that the marijuana processing site is now a licensed premises and that the licensed premises may not be registered as a marijuana processing site address under ORS 475C.815. (10) The Commission may deny a transfer request if: (a) It cannot verify the information in the request or the applicant submitted incomplete information to the Commission; or (b) The processor has not been granted an endorsement for the type of marijuana item requested for transfer. (11) Any usable marijuana, cannabinoid concentrates, extracts, or products transferred from a medical marijuana processing site to the licensed premises under this rule must be: (a) Tested in accordance with OAR 845-025-5700 before being used or transferred; and (b) Labeled and packaged in accordance with OAR 845-025-7000 to 845-025-7060 before being transferred to another licensee. (12) Violations. A violation of this rule is a Category III violation.