1. (1) A person subject to a detainment, seizure, embargo, or disposal notice or order based on a determination that the cannabis is presumptive marijuana must ensure that the cannabis subject to the action are not removed from the location identified in the notice of the action or subject to any harvesting, processing, or manufacturing processes without written permission from the Department.
   (a) A person subject to a detainment, seizure, embargo or disposal notice or order shall take all reasonable steps to prevent theft or removal of the cannabis from the location identified in the notice of the action.
   (b) A person subject to a detainment, seizure, embargo, or disposal notice or order is strictly liable for any violation of the notice or order, including removal of the cannabis from the location identified in the notice without permission or direction from the person subject to the action.
   (c) A person subject to a detainment, seizure, embargo, or disposal notice or order may submit a written request to harvest, move, or take other action to preserve the cannabis pending a legal proceeding challenging the proprietary of the order. The person may only take such action upon written permission from the Department and subject to any requirements or restrictions imposed by the Department.
   (2) The Department shall revoke a person's hemp grower license or deny the person's hemp grower application for a license if the person fails to comply with section (1) of this rule, including but not limited to if the cannabis subject to detainment, seizure, embargo, or disposal notice or order is removed from the location identified in the notice or order without prior written permission from the Department.

Statutory/Other Authority

ORS 561.190, 561.605-561.620, 571.260-571.348 & OL 2024, Chap. 16

Statutes/Other Implemented

OL 2024, Chap. 16 & ORS 571.263

History

DOA 28-2024, adopt filed 12/30/2024, effective 12/31/2024
DOA 16-2024, temporary adopt filed 07/19/2024, effective 07/19/2024 through 01/14/2025