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Frequently Asked Questions

Frequently Asked Questions

An individual or entity should not rely on these FAQs to determine compliance with Oregon Medical Marijuana Program rules. The questions and answers presented here do not constitute legal advice.

 

Early Recreational Marijuana Sales

 

Q. Why are medical marijuana dispensaries selling recreational marijuana?

A.  Senate Bill 460 directed Oregon Health Authority to allow registered medical marijuana dispensaries the option of selling limited recreational marijuana products (dried leaves and flowers, immature marijuana plants and seeds) to adults age 21 and older who prove their age with government-issued identification until December 31st, 2016.

Q. Do medical marijuana dispensaries have to inform the Medical Marijuana Dispensary Program they are planning to sell recreational marijuana?

A. Yes. In order to conduct early retail sales, medical marijuana dispensaries must notify the Medical Marijuana Dispensary Program five days before starting retail sales. They must complete and sign the Early Retail Sales Notification form (pdf) that indicates they have reviewed the new rules and understand that failure to comply may result in action being taken against them.

Q. Who can purchase recreational marijuana products?

A. Adults age 21 and older who prove their age with government-issued photo identification, verified by a dispensary employee, can purchase recreational marijuana products from a dispensary.

Q. Can any registered dispensary in Oregon sell recreational marijuana?

A. Yes, provided the dispensary is not located in a city or county that has adopted an ordinance prohibiting retail sale or early retail sale of marijuana. In that case, the dispensary is not eligible to participate in early sales of limited recreational marijuana products. For a more information and a list of cities and counties that have opted out, visit the Local Government Option page.

Q. How much marijuana can retail customers purchase from a dispensary?

A. Retail customers can purchase one quarter ounce of dried leaves and flowers in one day. A medical marijuana dispensary may only sell four immature marijuana plants to the same individual until December 31, 2016.

Q. Can retail customers purchase other marijuana products from dispensaries?

A. No. At this time, concentrates, extracts, edibles, topicals, tinctures, capsules, suppositories, transdermal patches and other marijuana products may only be sold to OMMP patients and caregivers.

Q. Are dispensaries required to record the names of those purchasing recreational marijuana?

A. No. A dispensary is not required to document the names of retail customers who purchases recreational marijuana products. However, the transaction must be captured in the Point of Sale system and the dispensary must have a system in place that is outlined in the policies and procedures for ensuring than an individual is not sold more than one-quarter ounce of dried leaves and flower a day.

The dispensary must document the following:

  • ​The type of marijuana product sold;
  • The amount of marijuana product sold in metric units, as applicable;
  • The amount of seeds or immature plants, as applicable;
  • The birth date of the individual who bought the product;
  • The sale price; and
  • The date of the sale.

Q. May a dispensary provide free samples or give away marijuana products such as concentrates, extracts, edibles, topicals, tinctures, capsules, suppositories or transdermal patches to retail customers?

A. No. Dispensaries cannot give away, provide free samples or otherwise give or share any marijuana products to retail customers, inside or outside of the dispensary.

Q. Is there a tax on recreational marijuana sold by dispensaries?

A. Yes. As of January 4, 2016, a dispensary must collect a tax of 25% on all limited recreational marijuana product sales per rules adopted by the Department of Revenue. OMMP cardholders and their primary caregivers do not pay tax on medical marijuana sold by dispensaries. Individuals requesting medical marijuana must present their OMMP cards and picture identification.

Q. How much marijuana can be transferred from a dispensary to a Patient or designated primary caregiver?

A. As of March 1, 2016, a dispensary may not transfer more than 24 ounces of useable marijuana, 16 ounces of a medical cannabinoid product in solid form, 72 ounces of a medical cannabinoid product in liquid form, 16 ounces of a cannabinoid concentrate in solid form or in a contained inhalant system, five grams of a cannabinoid extract in solid form or in a contained inhalant system, four immature marijuana plants and 50 seeds to the same patient or designated primary caretaker in the same day.

Q. Are dispensaries still required to collect information about medical marijuana cardholders?

A. Yes. Dispensaries must record:

  • ​A copy of the patient’s or caregiver’s OMMP identification card;
  • A copy of the person’s government photo identification;
  • The amount of usable marijuana transferred in metric units, if applicable;
  • The number of seeds or immature plants, if applicable;
  • The amount of medical cannabinoid product concentrate, or extract, if applicable;
  • The brand name of the marijuana item and a description of what was transferred, if applicable;
  • The date of the transfer; and
  • The amount of money paid by a patient or a designated primary caregiver.

Q. Are there any reporting requirements for selling limited marijuana retail products?

A. Yes. A dispensary must report information on early retail sales quarterly. Visit the Early Retail Sales Reporting page for details.

Q. What is the Oregon Health Authority doing to ensure there is enough medical marijuana available for OMMP cardholders now that recreational sales have begun?

A. OHA does not have the authority to ensure there is an ample supply of medical marijuana being provided by dispensaries.

Q. Are dispensaries allowed to advertise, market or promote the prices of their products?

A. Rules regarding advertising can be found in OAR 333-008-2070. There is nothing in the rules that relates to pricing. However, marijuana retailers must comply with Oregon’s Unlawful Trade Practices Act, which prohibits deceptive marketing and promotion of consumer products.

Dispensaries must not promote products in a manner of shape or design that is likely to appeal to children and adolescents such as products modeled after an animal, vehicle, person or character.

Q. What signage must dispensaries display?

All required signage and information on posting requirements is available on the Forms and Signage page.

Q. What are the penalties for dispensaries found to be violating rules for early retail sales?

A. If OHA determines that there is a violation of rules, they may impose a civil penalty up to $500 per day, in addition to any other liability or penalty by law. For more information on enforcement see OAR 333-008-2190 and for Civil Penalties see OAR 333-008-2200.

Q. Where can I find more information on legal use of recreational marijuana in Oregon?

A. Visit WhatsLegalOregon.com to learn what's legal and what's not.

Q. How will recreational marijuana sales be regulated after December 31st, 2016?

A.  The Oregon Liquor Control Commission (OLCC) has been appointed the regulatory authority for the licensing of recreational marijuana retail outlets, growers, wholesalers and processors. OLCC began taking applications on January 4, 2016 and currently plans to have these in operation by the end of 2016. For more information on the status of OLCC licensed retail outlets and processors please visit their website.

 

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Measure 91 and Legalized Recreational Marijuana

Q. How much marijuana can I possess under Measure 91?

A. ​As of July 1, 2015, if you are 21 or older, your household can have up to:

  • ​4 marijuana plants
  • 8 ounces of usable marijuana
  • 16 ounces of homemade marijuana products in solid form
  • 72 ounces of homemade marijuana products in liquid form

Q. When did Measure 91 go into effect?

A. The home grow and personal possession provisions of the measure started on July 1, 2015.

Q. How much marijuana can a person possess if they are an OMMP cardholder?

A. An OMMP patient, caregiver, or grower may possess up to 24 ounces of usable marijuana and six mature marijuana plants.

Q. Can medical dispensaries provide, sell, or dispense marijuana at an off-site event or to an off-site event?

A. No. All transfers of marijuana must be done on-site at the dispensary in accordance with dispensary rules.

Q. What is the definition of a public place?

A. Measure 91 defines a public place as "a place to which the general public has access and includes, but is not limited to, hallways, lobbies, and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation."

Q. Where can I apply for a license to grow, process, or sell marijuana for recreational use?

A. Measure 91 requires the Oregon Liquor Control Commission to begin accepting license applications for the production and sale of recreational marijuana by January 4, 2016. Learn more at http://www.oregon.gov/olcc

For more information regarding Measure 91 please go to www.whatslegaloregon.com

 

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General Facts about Medical Marijuana Dispensaries

Q. What is a medical marijuana dispensary?

A. A medical marijuana dispensary is a facility, registered by the Oregon Health Authority, that is allowed to receive marijuana or immature marijuana plants and transfer that marijuana to a patient or a patient’s caregiver, if the patient or caregiver has an Oregon Medical Marijuana Program card.

Q. Who can purchase or receive marijuana from a medical marijuana dispensary?

A. OMMP patients and caregivers who present a current and valid Oregon Medical Marijuana Program card and photo identification may purchase marijuana and marijuana products (including concentrates, extracts, edibles and topicals) from a medical marijuana dispensary. 

As of October 1, 2015, registered medical marijuana dispensaries may sell limited amounts of recreational marijuana to adults 21 and older (dried leaves and flowers, immature marijuana plants and seeds). Retail customers may not purchase concentrates, extracts, edibles or topicals. 

Q. Where may dispensaries be located?

A. Dispensaries in Oregon may not be located in an area zoned residential.. A dispensary may not be located within 1,000 feet of a school or another registered dispensary, and may not be at an address registered with the Oregon Medical Marijuana Program as a grow site. Local government agencies may have additional restrictions, and applicants should communicate with those local agencies when deciding where to locate a dispensary.

Q. What zoning documentation is acceptable?

A.  Written documentation from the jurisdiction that the proposed dispensary is not located in an area that is zoned for residential use. 

Q. May local governments ban dispensaries?

A. Yes. With the passage of HB 3400 and SB 460, local governments in Oregon may adopt ordnances that prohibit medical marijuana dispensaries or medical marijuana processing sites within its jurisdiction. For more information, please visit our Local Government Option page.

Q. What kinds of schools do dispensaries need to be 1,000 feet away from?

A. Private or public schools, primary or secondary schools.

  • Primary – institutions containing any combination of grades kindergarten through 8th or age level equivalent
  • Secondary – institutions containing any combination of grades 9th through 12th or age level equivalent, including junior high schools which include 9th grade
  • Please refer to OAR 333-008-1040(3)(c)(A) for details

Q. How will I know if the location I have chosen for my dispensary is more than 1,000 feet from a school or 1,000 feet from a registered dispensary?

A. The Medical Marijuana Dispensary Program offers an online School Locator Map that applicants can use to see if a site is too close to a school. However, as some school locations are confidential, results from the mapping tool should not be considered official or binding. The final decision on whether a proposed location complies with Medical Marijuana Dispensary Program rules will be made by program staff. Please be aware that a facility’s premises must not be anywhere within 1,000 feet of a school's property boundary. Applicants are also expected to canvas the area surrounding their proposed location and sign an affirmation​ that they have done so when applying.

Q. Where can I find a list of registered dispensaries?

A. A list of dispensaries may be found on the program's online directory. View the directory.

Q. Do I need to register my dispensary with the Board of Pharmacy?

A. No. The Oregon Health Authority and the Board of Pharmacy have agreed that there are no requirements for any individual applying for registration to operate a Medical Marijuana Dispensary to register with the Board of Pharmacy.

Q. Can I apply in person?

A. No. Applications and payment must be submitted online. All supplemental documentation may be uploaded to the application online by five p.m. within five calendar days of application submission, or mailed and postmarked within five calendar days. At no time will MMD staff receive applications in person. Please be aware that there is no drop-box available.

Q. What are the security requirements for a dispensary?

A. Please see the medical marijuana facility security requirements documentation.​​​​​​ In addition, OAR 333-008-2130 allows prospective dispensaries to request to waive one or more security requirements if they can show how and why the alternative method accomplishes specific goals of security rules.

 

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Applying for a Medical Marijuana Dispensary Registration

Q. How do I apply to register my dispensary?

A. Please refer to our How To Apply page.

Q. What is an MMD number?

A. When you have successfully submitted your online application, you will be issued a randomly generated 5-digit number called an MMD number or MMD#. Dispensary program staff will use your MMD# to match your mailed application documents to your online application, so you must be sure to include that number in all correspondence with the program. Items mailed to the program without an MMD# may be discarded.

Q. What is the process for approval? How long should it take?

A. After your online application, fee payment, and all required application documents have been received, dispensary program staff will review your application to determine whether all program rules have been satisfied. Your application will be processed in the order it is received, based on the timestamp of the approved payment.

The timeline for approving your application will depend on several factors, including the volume of applications received.

Q. Once my application is approved, when may I begin to operate my dispensary?

A. You may open for business as soon as you receive your physical registration certificate.

Q. Is there a limit on the number of dispensaries that will be registered by the Oregon Health Authority?

A. There is no limit on the number of dispensaries that may register with the dispensary program. However, dispensaries cannot be within 1,000 feet of each other or a school.

Q. How many dispensaries may an individual own or be responsible for?

A. There is no limit on the number of dispensaries an individual may be responsible for. However, any person who wishes to register more than one location must submit a separate application and all required documentation found on the “How to Apply” page, for each location.

Q. What is a PRD?

A. A PRD is a “Person Responsible for a Dispensary”. For more information or for information on how to change a PRD, please visit our website.

Q. Can I have more than one PRD?

A. Yes. Multiple PRDs may be named on an application. Anyone named as a PRD must pass a background check and must be involved in the day to day operations of the dispensary. One PRD must be named as the primary PRD.

Q. What is a Primary PRD?

A. A Primary PRD is an individual who:

  • is designated as the primary point of contact for dispensary;
  • is authorized to receive any and all communications and legal notices from the Oregon Health Authority;
  • meets the qualifications in OAR 333-008-1073 through 333-008–1075; and
  • is involved in the day-to-day operations of the dispensary.

Only one person may act as a Primary PRD, and a dispensary must have a registered Primary PRD in order to operate.

Q. May I operate a mobile dispensary, or a medicine delivery service?

A. No. Mobile services, including but not limited to farmer markets, drive-thrus, and mobile dispensaries are not allowed. Any transfer of marijuana to or from a dispensary must take place at the registered address of the dispensary.

Q. Can a dispensary be located at the same address as a grow site?

A. No. Also, if you have any knowledge that a patient has designated your dispensary as a grow site, please ask the person to change the grow site address with the Oregon Medical Marijuana Program. Otherwise, this could delay the approval of your application.

Q. Are dispensaries allowed to pay growers for medical marijuana?

A. A dispensary is permitted to reimburse a grower for the normal and customary costs of doing business, including costs related to transferring, handling, securing, insuring, testing, packaging, and processing usable marijuana and immature marijuana plants, and the cost of supplies, utilities, and rent or mortgage.

Q. How much may a dispensary charge for medical marijuana?

A. A dispensary is permitted to seek reimbursement for immature plants and medical marijuana products based on its normal and customary costs of doing business. A dispensary is required to document its costs of doing business and provide that information to the dispensary program on request. Please refer to Oregon Administrative Rule (OAR) 333-008-1200 for specifics.

Q. Will onsite consumption of marijuana be allowed?

A. No. Onsite consumption of marijuana is prohibited by the Medical Marijuana Dispensary Program rules. The only exception is for an employee who is a current and valid Oregon Medical Marijuana Program patient who must medicate during working hours. However, it is important to note that as of March 1st, 2016, an employee may not smoke or use a system that includes combusting, inhaling, vaporizing, or aerosolizing.  Otherwise, consumption is only permitted if the employee is not visible to any individual while medicating and alone in a closed room where no dispensary marijuana items are present, . Please refer to Oregon Administrative Rule (OAR) 333-008-1110for more information.

Q. Will the Medical Marijuana Dispensary Program make onsite visits to dispensaries?

A. Yes. The program is required to inspect dispensaries annually to ensure compliance with the law. Program staff may also visit dispensaries at any time and assess compliance. Inspections are always unannounced.

Q. How are transfers of usable marijuana or immature plants made to a dispensary?

A. Transfers of usable marijuana or immature plants may only be authorized by a registered OMMP patient using the Medical Marijuana Transfer Authorization form PDF. The patient may authorize their caregiver or their grower to transfer usable marijuana or immature plants to the dispensary. Also, a personal agreement may be used which includes at least:

  • The patient’s name, OMMP card number and expiration date and contact information;
  • The name and contact information of the PRMG to whom the patient’s property rights have been assigned and the producer’s OMMP card number and expiration date, and the grow site address;
  • The portion of the patient’s rights to possess seeds, immature plants and usable marijuana that is being assigned to the producer.

Q. Who gets the original Transfer Authority form and who should keep a copy?

A. The original form should be sent to the registered dispensary and the dispensary must keep that original. The patient should keep a copy of the Transfer Authorization form for their records and if the caregiver or grower is authorized to transfer, the caregiver or grower should keep a copy.

Q. Does the Transfer Authorization form ever expire?

A. Yes. The Transfer Authorization form automatically expires on the date the patient’s OMMP card expires, unless the patient has specified an earlier expiration date. Once the authorization expires, the patient may renew it by submitting a new transfer form to the registered dispensary. It should be noted that once usable marijuana or immature plants are transferred to a registered dispensary they are no longer the property of the patient unless the usable marijuana or immature plants are returned by the registered dispensary for any reason.

Q. What must a PRD do when accepting usable marijuana or immature plants?

A. A PRD must ensure he or she has a valid Authorization To Transfer form on file that authorizes the transferor of usable marijuana or immature plants to make the transfer, and must verify the identity of the transferor by viewing and copying the transferor's OMMP card and photo identification.

 

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Background Check Process

Q. Why do you need fingerprints?

A. State law requires a criminal background check on a PRD. A person cannot be a PRD if they have been convicted for the manufacture or delivery of a Schedule I or Schedule II controlled substance in any state.

Q. Where can I get my fingerprints processed?

A. Instructions for having your fingerprints taken can be found on the Background Check information page.

 

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Payment of Fees

Q. What is the fee to apply for a license to operate a dispensary?

A. The registration fee is $3,500 and the application fee, which is non-refundable, is $500. In other words, a total of $4,000 must be paid at the time of application. Payment can only be made with a credit card, debit card, or pre-paid debit card.

In addition, there is a $35 background check  fee, payable by check or money order, for each person listed on the application, including all owners and PRDs.

Q. I don’t have a credit card. How can I pay the fee?

A. If you do not have or are unable to acquire a credit card, prepaid credit cards can be purchased at many stores. The fee must be paid online at the time of application

Q. Do dispensary employees need background checks, or just the PRD?

A. As of March 1, 2016, dispensary rules require every individual that must be listed on the application complete a background check.

 

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For OMMP Patients

Q. What will I need in order to obtain medical marijuana from a dispensary?

A. You will need to present your current and valid Oregon Medical Marijuana Program card and photo identification.

Q. Are children allowed inside dispensaries?

A. No. Minors under 18 are not allowed inside any part of a dispensary where marijuana is present, even if they are patients or employees.​​

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