1. (1) The Authority must deny a petition for a grandfathered grow site if based on the information in the petition and the Authority’s review of the petition:

   1. (a) The grow site address is not currently registered with the Authority;
   2. (b) The petition does not include all PRMGs currently producing marijuana at the grow site;
   3. (c) None of the PRMGs listed in the petition are qualified or the number of PRMGs eligible to produce marijuana at the grow site address would result in the grow site address exceeding the maximum plant limits, depending on the location of the grow site;
   4. (d) Not all of the qualified PRMGs listed in the petition were registered at the grow site on December 31, 2014, or were not all continuously registered there at the time the petition was submitted; or
   5. (e) The number of patients registered at the grow site address exceed the plant limits in ORS 475C.806(3)(b) or 475C.806(4)(b).
2. (2) An individual or group of individuals whose petition is denied may resubmit a petition at any time.

3. (3) If a petition is denied the maximum plant limits at the grow site for which the petition was filed are:

   1. (a) For a grow site location within city limits and zoned residential:

      1. (A) Twelve mature marijuana plants;
      2. (B) Twenty-four immature marijuana plants that are 24 inches or more in height; and
      3. (C) Seventy-two immature marijuana plants that are less than 24 inches in height.

   2. (b) For a grow site location within city limits but not zoned residential or not within city limits:

      1. (A) Forty-eight mature marijuana plants;
      2. (B) Ninety-six immature marijuana plants that are 24 inches or more in height; and
      3. (C) Two hundred and eighty-eight immature marijuana plants that are less than 24 inches in height.

Statutory/Other Authority

ORS 475C.919

Statutes/Other Implemented

ORS 475C.806

History

PH 75-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, amend filed 11/15/2019, effective 01/01/2020
PH 248-2018, amend filed 08/17/2018, effective 08/17/2018
PH 128-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16
PH 33-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 2-29-16