Rules and Regulations
Updated rules for the Medical Marijuana Dispensary Program
Effective 7/11/14, the Oregon Administrative Rules and appendix based on HB 3460 have been filed as permanent.
Please note: this document, uploaded 7/31/14, combines the final 3460 rules with the proposed 1531 rules. The proposed 1531 language is underlined and in red.
Proposed SB 1531 rulemaking hearing
The Oregon Health Authority is proposing to
permanently adopt rules in chapter 333, division 8 to govern the Medical
Marijuana Dispensary Program, as required by Senate Bill 1531. A public
hearing will be held on August 18th in Salem. For details please
consult the Notice of Proposed Rulemaking Hearing.
Please note that this hearing only addresses new rules regarding edibles, packaging, and local government that were written to comply with Senate Bill 1531.
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Rules implementing Senate Bill 1531
On March 19, 2014, Governor Kitzhaber signed Read Senate Bill 1531 into law. The law makes changes to Oregon's medical marijuana dispensary law, including changes that
- Give local governments the ability to regulate and restrict the operations of dispensaries in their jurisdictions, including the ability to impose a moratorium for a period of time up until May 1, 2015
- At the applicant's request, authorize the Oregon Health Authority to refund the dispensary application fee to applicants whose facilities are located in areas that fall under a moratorium
- Restrict the sale of edible medical marijuana products
- Require dispensaries to use child-resistant packaging and prohibit packaging that is attractive to minors
On April 1, the Oregon Health Authority filed rules to implement the law.
On May 12, the Oregon Health Authority convened a rules advisory committee to discuss the proposed rules to implement Senate Bill 1531. The
committee includes lawmakers, local government
officials, marijuana edibles manufacturers, dispensary owners, and
private citizens. There was no public comment period at the meeting, but
comments are accepted by email at firstname.lastname@example.org.
Rules implementing HB 3460, Oregon's medical marijuana dispensary law
The rules implementing Oregon's medical marijuana dispensary law are intended to ensure safe access to medical marijuana for patients registered through the Oregon Medical Marijuana Program, while keeping our communities safe. The initial rules were developed through a public process that included more than 17 hours of public meetings and testimony before a rules advisory committee that included members representing law enforcement, medical marijuana advocacy and legislators. There will be additional opportunities to comment on the final draft of the temporary rules before they are made permanent. Check this page or sign up for e-mail updates for more information.
Key provisions in the rules
- No person convicted of the manufacture or delivery of a Schedule I or II substance in the past five years will be allowed to register a dispensary. Persons with more than one conviction are permanently banned from operating dispensaries
- No dispensary may open or operate within 1,000 feet of a primary or secondary school
- No dispensary may open or operate within 1,000 feet of another dispensary. Applications for competing locations will be processed on a first-come, first-served basis
- Dispensaries must be located only in areas zoned commercial, industrial or agriculture. See note below regarding other restrictions from local government entities
- All medical marijuana distributed through dispensaries must be tested for pesticides, mold and mildew, and may not be distributed if contaminants are found
- There must be a strong security system in place
- All product brought into and dispensed from the facility must be accounted for
- The Oregon Health Authority will visit and inspect each dispensary and audit its financial records at least once a year
HB 3460 rules advisory committee
In the fall of 2013, the Oregon Health Authority appointed a rules advisory committee to advise the agency as the rules for medical marijuana dispensaries were drafted. The committee represented a broad engagement of stakeholders and was chosen based on recommendations submitted by the Oregon Medical Marijuana Program’s advisory committee, Oregon law enforcement agencies, advocates representing patients and dispensaries, legislators and others.
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