1. (1) In order to sell marijuana items for medical purposes, a marijuana retailer licensed under ORS 475C.097 must:

   1. (a) Register in a form and manner specified by the Commission; and
   2. (b) Follow all requirements established by OAR 845-025-2800.

2. (2) A marijuana retailer licensed under ORS 475C.097 who has registered with the Commission to sell marijuana items for medical purposes, may:

   1. (a) Sell medical grade cannabinoid product, cannabinoid concentrate, or extract to registry identification cardholders and designated primary caregivers.
   2. (b) Sell or provide usable marijuana and medical grade cannabinoid products, concentrates, and extracts to registry identification cardholders and designated primary caregivers free of charge or at a discounted price.
   3. (c) Notwithstanding the requirements of OAR 845-025-1230, 845-025-2800, 845-025-2820, and 845-025-8520, permit registry identification cardholders 18 years of age and older to be present on the licensed premises and purchase marijuana items.

3. (3) A marijuana retailer who is registered with the Commission to sell marijuana items for medical purposes must:

   1. (a) Store and display medical grade cannabinoid products, concentrates, and extracts in a manner that separates medical grade items from other marijuana items.
   2. (b) Comply with the requirements of OAR 845-025-7000 to 845-025-7190 for labeling medical grade products.
   3. (c) Prior to the sale or transfer of a marijuana item as described in section (2) of this rule, verify that the individual who is purchasing a marijuana item for medical purposes is currently registered with the Authority by viewing the individual’s government issued photo identification and Authority issued registry identification card or designated primary care giver card, or a receipt issued by the Authority under OAR 333-008-0023 or 333-008-0040 and making sure the identities match and that the card is current or the receipt has not expired.
   4. (d) Use CTS to record the receipt or card number of every registry identification cardholder and designated primary care giver who receives marijuana items as described in section (2) of this rule together with the date of the sale or transfer and amount sold or transferred.
4. (4) A marijuana retailer who is registered with the Commission to sell marijuana items for medical purposes may not sell or transfer a medical grade product to a registry identification cardholder or designated primary caregiver that exceeds the concentration limits in OAR 845-026-0220.

5. (5) Violations.

   1. (a) A violation of section (4) of this rule is assessed as described in OAR 845-025-8590(3)(b)(B).
   2. (b) Violations of any other provision of this rule are Category III violations.

Statutory/Other Authority

ORS 475C.017

Statutes/Other Implemented

ORS 475C.097

History

OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023
OLCC 101-2022, minor correction filed 03/25/2022, effective 03/25/2022
OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022
OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020
OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017
OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16
OLCC 9-2016(Temp), f. 6-28-16, cert. ef. 6-30-16 thru 12-26-16