Or. Admin. Code § 333-008-2030

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

Section 333-008-2030 - General Requirements for Medical Marijuana Processing Sites and Dispensaries: Notification of Changes

(1) A registrant must notify the Authority within 10 calendar days of any of the following:

(a) The conviction for the manufacture or delivery of a controlled substance in Schedule I or Schedule II of any individual named in the application;

(b) A change in any contact information for anyone listed in an application or subsequently identified as an owner, an individual with a financial interest, a PRD or a PRP;

(c) A decision to remove a PRD, PRP, primary PRD or primary PRP;

(d) A decision to permanently close the dispensary or processing site at that location;

(e) For a dispensary, the location of a public or private elementary or secondary school within 1,000 feet of the dispensary; and

(f) The suspected theft of marijuana items.

(2) The notification required in section (1) of this rule must include a description of what has changed or the event and any documentation necessary for the Authority to determine whether the dispensary or processing site or dispensary or processing site registrant is still in compliance with ORS 475C.815, 475C.833 and these rules including but not limited to, as applicable:

(a) A copy of the criminal judgment or order;

(b) The location of the school that has been identified as being within 1,000 feet of the dispensary; or

(c) A copy of the police report documenting that the suspected theft of marijuana items was reported to law enforcement, if it was reported.

(3) Closure. If the dispensary or processing site is closing, the notification required under subsection (1)(d) of this rule must include a detailed description of what the dispensary or processing site intends to do with the marijuana items on the premises and the date on which the dispensary or processing site intends to relinquish their registration. The dispensary or processing site may transfer or sell marijuana items as permitted by these rules or destroy the marijuana items. Any transfer, sale or destruction must be in accordance with the notification required under subsection (1)(d) of this rule.

(4) Changes in Ownership, Financial Interest or Business Structure. A registrant that proposes to change its corporate structure, ownership structure or change who has a financial interest in the business must submit a form prescribed by the Authority, any information identified in the form to be submitted, and criminal background check fees, if applicable, to the Authority, prior to making such a change.

(a) The Authority must review the form and other information submitted and will approve the change if the change would not result in an initial or renewal application denial under OAR 333-008-1060 or 333-008-1670, or serve as the basis of a registration suspension or revocation.

(b) If the Authority denies the change but the registrant proceeds with the change the registrant must surrender the registration or the Authority will propose to suspend or revoke the registration.

(5) Failure of a registrant to notify the Authority in accordance with this rule may result in the imposition of civil penalties, the suspension or revocation of a dispensary or processing site's registration, or denial of a future application.

Or. Admin. Code § 333-008-2030

PH 9-2016, f. 2-26-16, cert. ef. 3/1/2016; PH 21-2016, f. 6-24-16, cert. ef. 6/28/2016; PH 188-2018, minor correction filed 04/30/2018, effective 4/30/2018; PH 22-2019, amend filed 11/15/2019, effective 1/1/2020; PH 141-2022, minor correction filed 06/10/2022, effective 6/10/2022

Statutory/Other Authority: ORS 475C.815, 475C.833 & 475C.919

Statutes/Other Implemented: ORS 475C.815 & 475C.833