1. (1) Registrants may only transfer marijuana:

   1. (a) As permitted under this rule or in ORS 475C.770 to 475C.919.
   2. (b) That was produced or processed for a patient as permitted under these rules.

2. (2) A patient may transfer for no financial consideration:

   1. (a) Usable marijuana to a registered medical processor for processing into a cannabinoid product, cannabinoid concentrate or cannabinoid extract that will be returned to the patient, the patient’s designated primary caregiver, or organization or facility caregiver; or
   2. (b) Usable marijuana, marijuana seeds, or immature plants to another registered patient.

3. (3) A designated primary caregiver or organization or facility caregiver may transfer:

   1. (a) Mature plants or marijuana items to their designated patient for no consideration;
   2. (b) As permitted by a valid authorization from their patient, usable marijuana for no consideration to a registered processing site for processing into a cannabinoid product, cannabinoid concentrate or cannabinoid extract that will be returned to the patient or designated primary caregiver;
   3. (c) As permitted by a valid authorization from their patient, usable marijuana, marijuana seeds, or immature plants to a registered medical dispensary; or
   4. (d) As permitted by a valid authorization from their patient, usable marijuana to a registered processing site for processing into a cannabinoid product, cannabinoid concentrate or cannabinoid extract that will not be returned to the patient or designated primary caregiver.

4. (4) A PRMG may transfer:

   1. (a) Usable marijuana, marijuana seeds, immature plants, or mature plants to their designated patient or the patient’s caregiver;
   2. (b) As permitted by a valid personal agreement under OAR 333-008-0585, or as authorized by the patient, usable marijuana to a registered processing site; or
   3. (c) As permitted by a valid personal agreement under OAR 333-008-0585, or as authorized by the patient, usable marijuana, marijuana seeds, or immature plants to a registered medical dispensary.
   4. (d) As permitted by a valid personal agreement under OAR 333-008-0585, usable marijuana to a Commission licensed wholesaler or processor in accordance with ORS 475C.800 and OAR chapter 845, division 25.
5. (5) Any transfers under this rule are subject to the possession limits in ORS 475C.305, ORS 475C.809, OAR 333-008-0080, 333-008-0560 and 333-008-0580 including during transportation.
6. (6) All transfers under this rule must be reported pursuant to OAR 333-008-0630 or tracked pursuant to OAR 333-008-0635 as applicable to the PRMG.
7. (7) Failure to comply with this rule is a violation and may result in enforcement action including denial of future applications or designations.

Statutory/Other Authority

ORS 475C.919, ORS 475C.305, ORS 475C.809 & ORS 475C.792

Statutes/Other Implemented

ORS 475C.305, ORS 475C.809 & ORS 475C.792

History

PH 82-2022, minor correction filed 05/25/2022, effective 05/25/2022
PH 22-2019, adopt filed 11/15/2019, effective 01/01/2020