Or. Admin. Code § 333-008-0730

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

Section 333-008-0730 - OMMP Monitoring, Investigation, and Enforcement: Suspension and Revocation

(1) Patient Suspension or Revocation.

(a) The Authority may suspend or revoke a patient's card if the Authority determines that the patient:

(A) Provided false information;

(B) Violated a provision of ORS 475C.770 to 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules; or

(C) No longer meets the qualifications for registration.

(b) If a patient's card is revoked, any caregiver card issued under ORS 475C.783(5)(b) or 475C.791 or PRMG identification card or grow site registration card issued under ORS 475C.792 shall also be revoked.

(c) An individual whose registry identification card is revoked under this rule may not reapply for a registry identification card for six months from the date of the revocation unless otherwise authorized by the Authority.

(2) Designated Primary Caregiver and Organization or Facility Caregiver Suspension or Revocation.

(a) The Authority may suspend or revoke a caregiver's identification card issued under ORS 475C.783(5)(b) or ORS 475C.791 if the Authority determines that the caregiver violated a provision of ORS 475C.770 to 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules.

(b) An individual whose caregiver identification card has been revoked under this rule may not be designated as a caregiver under ORS 475C.789 or ORS 475C.791 for six months from the date of the revocation unless otherwise authorized by the Authority.

(3) Person Responsible for a Marijuana Grow Site Suspension or Revocation.

(a) The Authority may suspend or revoke the registration of a PRMG at a registered grow site if:

(A) The Authority determines that a PRMG violated a provision of ORS 475C.770 to 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7, these rules or an ordinance adopted pursuant to ORS 475C.897;

(B) The grow site or PRMG no longer meets the qualifications in ORS 475C.792 or OAR 333-008-0033 for registration; or

(C) The owner of the premises or the property owner's legal representative where the grow site is located notifies the Authority in writing that they have withdrawn consent for the PRMG to produce marijuana at the grow site location.

(b) If the Authority suspends or revokes the registration of a PRMG the person's registration is suspended or revoked for all patients the person is producing marijuana for at the identified grow site and the person must:

(A) Return all marijuana that is the property of the person's patients, to the patients; or

(B) If the patient agrees, transfer usable marijuana to a marijuana registered processing site or transfer seeds, immature plants or usable marijuana to a registered dispensary; and

(C) Return all suspended or revoked PRMG registration and grow site registration cards to the Authority.

(c) A PRMG must document the information, including how much was transferred, the date of transfer, and to whom the transfer was made, and provide that documentation to the Authority upon request.

(d) Failure to comply with the return, transfer, or documentation requirements is a violation and may result in further enforcement action or denial of future applications.

Or. Admin. Code § 333-008-0730

PH 9-2016, f. 2-26-16, cert. ef. 3/1/2016; PH 138-2018, minor correction filed 04/30/2018, effective 4/30/2018; 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 92-2022, minor correction filed 06/07/2022, effective 6/7/2022; PH 170-2022, minor correction filed 08/02/2022, effective 8/2/2022

Statutory/Other Authority: ORS 475C.783, 475C.792, 475C.919 & 475C.574

Statutes/Other Implemented: ORS 475C.783, 475C.792 & 475C.574