1. (1) In addition to the privileges in OAR 845-025-2020, Micro Tier I and Micro Tier II producer licensee may process marijuana concentrates, as long as:

   1. (a) The process involves separating cannabinoids from marijuana by:

      1. (A) A mechanical process; or
      2. (B) An extraction process using water as the solvent.
   2. (b) The producer applies for a concentrate endorsement.
   3. (c) The producer only sells or transports marijuana concentrates to the licensed premises of a processor, wholesaler, retailer, or research certificate holder.
   4. (d) Follows all the provisions relating to the processing of concentrates set forth within OAR 845-025-3210, 845-025-3220, 845-025-3230, 845-025-3240, 845-025-3250, 845-025-3290, and 845-025-7575.
   5. (e) If using water or ice in processing, the producer uses only potable water and ice made from potable water.
   6. (f) If using dry ice, the producer uses or stores the dry ice in a well-ventilated room to prevent against the accumulation of dangerous levels of carbon dioxide.
   7. (g) If making a concentrate intended to be used in a cannabinoid edible, the producer follows all provisions set forth within OAR 845-025-3250.

2. (2) In addition to the prohibitions in OAR 845-025-2020, a micro producer may not:

   1. (a) Make cannabinoid extracts; or
   2. (b) Make a concentrate using steam.

3. (3) Concentrate Endorsement.

   1. (a) In order to apply for an endorsement, a micro producer applicant or micro producer licensee must submit a form prescribed by the Commission that includes:

      1. (A) A description of the process the micro producer intends to implement to process marijuana into a concentrate; and
      2. (B) A description of equipment to be used.
   2. (b) In order to be eligible for a concentrate endorsement, a micro producer applicant or micro producer licensee must submit a land use compatibility statement showing that processing concentrates is not a prohibited use.
   3. (c) The Commission may deny a producer’s request for an endorsement under this rule if the producer does not meet the applicable requirements for the concentrate endorsement. If the Commission denies approval the producer has a right to a hearing under the procedures of ORS chapter 183.
4. (4) A producer who processes cannabinoid concentrates under this rule is not a marijuana processor for the purposes of OAR 845-025-3215.
5. (5) Violations. A violation of this rule is a Category I violation.

Statutory/Other Authority

ORS 475C.065 & ORS 475C.089

Statutes/Other Implemented

ORS 475C.089 & 475C.017

History

OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024
OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023
OLCC 69-2022, minor correction filed 03/24/2022, effective 03/24/2022
OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020
OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018
OLCC 15-2017, adopt filed 12/22/2017, effective 12/28/2017