1. (1) A grandfathered grow site may only have the number of plants authorized by the Authority, based on the number of patients designating the address as a grow site on December 31, 2014. A PRMG producing marijuana at a grandfathered grow site may replace an existing patient with a new patient unless the person’s designation has been terminated under ORS 475C.806(6).

2. (2) If the Authority suspends or revokes the registration of a PRMG that is producing marijuana at a grandfathered grow site the PRMG may not continue to grow at that grow site or any other grow site that has:

   1. (a) For a grow site located within city limits that is zoned residential, a maximum of:

      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 located within city limits but not zoned residential or outside city limits, a maximum of:

      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.

3. (3) If a patient terminates the designation of a PRMG that person may not be designated to produce marijuana by another patient at the grandfathered grow site and may not produce marijuana at any other grow site that is authorized to have more than:

   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.

4. (4) Approval of a grandfathered grow site is terminated once the number of mature marijuana plants, based on number of PRMGs who have been authorized to produce medical marijuana at the grow site address and the number of patients each person is producing for is less than:

   1. (a) For a grow site located within city limits that is 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; or

   2. (b) For a grow site located within city limits but not zoned residential or outside 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 76-2022, 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 129-2018, minor correction filed 04/27/2018, effective 04/27/2018
PH 29-2017, amend filed 12/22/2017, effective 01/01/2018
PH 21-2016, f. 6-24-16, cert. ef. 6-28-16
PH 9-2016, f. 2-26-16, cert. ef. 3-1-16