Or. Admin. Code § 333-008-0520

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-008-0520 - Approval of Petition for Grandfathered Grow Site

(1) The Authority will grant a petition for a grandfathered grow site if, based on the information in the petition and the Authority's review of the petition:

(a) The grow site address is currently registered with the Authority;

(b) The petition includes all PRMGs currently growing at the grow site;

(c) With the exception of any PRMG whose designation was revoked under OAR 333-008-0510(2), the PRMGs listed in the petition are qualified to be a PRMG;

(d) All qualified PRMGs listed in the petition were registered at the grow site on December 31, 2014, and were all continuously registered there at the time the petition was submitted; and

(e) The number of patients registered at the grow site would not result in the grow site address exceeding:

(A) For a grow site location within city limits and zoned residential:

(i) Twenty-four mature marijuana plants;

(ii) Forty-eight immature marijuana plants that are 24 inches or more in height; and

(iii) One hundred and forty-four immature marijuana plants that are less than 24 inches in height.

(B) For a grow site location within city limits but not zoned residential or outside city limits:

(i) Ninety-six mature marijuana plants;

(ii) One hundred and ninety-two immature marijuana plants that are 24 inches or more in height; and

(iii) Five hundred and seventy-six immature marijuana plants that are less than 24 inches in height.

(2) The actual grow site address plant limit is based on the number of patients registered at the grow site address on December 31, 2014, assuming there were six mature plants per patient. Based on the number of mature plants permitted, the grow site may have:

(a) Twice as many immature marijuana plants 24 inches or more in height as there are mature plants; and

(b) Six times as many immature marijuana plants less than 24 inches in height as there are mature plants.

(3) If a grow site is approved under this rule the Authority may not register any additional PRMG at that address unless the grandfathered grow site approval has been terminated.

(4) A grow site located at a patient's residence where the patient or the patient's designated primary caregiver produces marijuana may no longer be a grandfathered grow site, may not be approved as a grandfathered grow site, and the grow site may not be used to produce more than 12 mature marijuana plants and 24 immature marijuana plants. The marijuana plant numbers include any plants permitted under ORS 475C.305.

Or. Admin. Code § 333-008-0520

PH 33-2015(Temp), f. 12-29-15, cert. ef. 1-1-16 thru 2-29-16; PH 9-2016, f. 2-26-16, cert. ef. 3/1/2016; PH 29-2017, amend filed 12/22/2017, effective 1/1/2018; PH 127-2018, minor correction filed 04/27/2018, effective 4/27/2018; PH 248-2018, amend filed 08/17/2018, effective 8/17/2018; PH 22-2019, amend filed 11/15/2019, effective 1/1/2020; PH 73-2022, minor correction filed 05/11/2022, effective 5/11/2022

Statutory/Other Authority: ORS 475C.806 & ORS 475C.919

Statutes/Other Implemented: ORS 475C.806