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Medical Marijuana Rules and Statutes




Oregon Administrative Rules (OAR)

NOTE: Senate Bill 1057, passed in the 2017 legislative session, transferred cannabis labeling authority from OHA to OLCC. OLCC has adopted new packaging and labeling rules effective June 1, 2018. 

Temporary Administrative Rules

Temporary rules have been adopted to assist those that have been affected by the Oregon Wildfires. Temporary rules are in effect from October 22, 2020 through Apriil 19, 2021. 


Oregon Revised Statutes

  • ORS 475B Cannabis Regulation
    • The Oregon Medical Marijuana Act begins at 475B.785
    • Debilitating Medical Conditions, see ORS 475B.791
    • Database and Confidentiality of Information, see ORS 475B.879 - 475B.888
    • Protections from Civil and Criminal Liability, see ORS 475B.907 - 475B.910

Rulemaking

The Oregon Medical Marijuana Program (OMMP) is responsible for Cannabis testing rules that apply to both the medical and retail market. Any marijuana item intended to be sold at a dispensary or retail shop must be sampled and tested according to the testing rules.

A rules advisory committee (RAC) will be meeting to discuss cannabis testing rules found in Division 7 and 64, along with the sampling protocols. Specifically, recommendations from the January 2019 Secretary of State’s Audit for adding heavy metal and microbiological contaminants testing to marijuana items will be discussed. In addition, adding testing requirements for inhalable cannabinoid products for full compliance testing will also be reviewed. Other housekeeping items as they relate to Division 7 and 64 will also be covered.

Due to the outbreak of COVID-19, there will be no in-person meetings. All rules advisory committee meetings will be held virtually.

RAC schedule:

August 10, 2020

August 31, 2020
Call in Information: 1-669-254-5252 | Meeting ID: 160 153 9169
Agenda (pdf) | Draft Division 7 labeling rules (pdf)Draft Division 7 testing rules (pdf) | Draft Division 64 rules (pdf) | Statement of Need and Fiscal Impact Statement (pdf)

The public may listen to the RAC meetings but is not able to participate in them. Once the public comment period opens, the public may submit written comments or attend a virtual public hearing to comment on the proposed rule changes. Information regarding the public comment period will be announced soon.

Workgroup

The cannabis testing workgroup was formed out of the cannabis testing RAC to further discuss recommendations from the January 2019 Secretary of State’s Audit for adding heavy metal and microbiological contaminants testing to marijuana items and adding full compliance testing for inhalable cannabinoid products. 

Due to the outbreak of COVID-19, there will be no in-person meetings. All meetings will be held virtually. Meeting schedule is subject to change as needed. 

Workgroup Schedule: 

November 17, 2020 | 1:00 PM to 4:00 PM

December 8, 2020 | 1:00 PM to 4:00 PM

January 5, 2021 | 1:00 PM to 4:00 PM

January 19, 2021 | 1:00 PM to 4:00 PM


Oregon Legislation Related to Medical Marijuana

House Bill 3200
2019 session, effective September 29, 2019, operative January 1, 2020
Requires any new or renewal application submitted to the OMMP on and after January 1, 2020 that is designating a grower and grow site will need to provide signed informed consent from the owner of the property where the grow site will be located if the patient or designated grower is not the owner of the property.

Senate Bill 1012
2019 session, effective June 4, 2019
Clarifies that a registered grower applying for an OLCC producer license is not required to submit a land use compatibility statement if the applicant was registered with OMMP before January 1, 2015 and is registered with OMMP on the date on which the applicant submitted the application to OLCC. Continuous registration with OMMP is not required.

Senate Bill 29
2019 session, effective June 20, 2019
Removes outdated language that contradicted other sections of the statute. Language removed stated any person that processes marijuana into medical cannabinoid concentrates and cannabinoid products for the purposes of transferring to a medical marijuana dispensary is subject to tracking. Per statute, only a medical processor may process marijuana into cannabinoid concentrates or products and transfer them to medical dispensaries.

Senate Bill 1544
2018 session, effective April 10, 2018
Makes several changes to the laws governing medical marijuana such as changes to plant limits and clarifications on who is required to use the Cannabis Tracking System for registered medical grow sites.

Senate Bill 1057
2017 session, effective May 30, 2017
Makes several changes to the laws governing medical marijuana including requiring the use of the Cannabis Tracking System for certain medical registrants.

Senate Bill 56
2017 session, effective June 23, 2017
Requires OMMP to maintain a telephone hotline to verify addresses of grow sites, processing sites, and dispensaries for persons designated by a city or county, Water Resources Department, or by a watermaster of any water district.

House Bill 2198
2017 Session, effective August 2, 2017
Makes several changes to the laws governing medical marijuana including establishing a Oregon Cannabis Commission within OHA and changes to plant limits.

Senate Bill 1511
2016 session, effective March 29, 2016
Makes several changes to the laws governing medical marijuana.

House Bill 4014
2016 session, effective March 3, 2016
Makes several changes to the laws governing medical marijuana.

Senate Bill 1598
2016 session, effective March 3, 2016
Makes several changes to the laws governing medical marijuana.

Senate Bill 844
2015 session, effective August 12, 2015
Establishes task force on researching the medical and public health properties of cannabis.

Senate Bill 460
2015 session, effective July 27, 2015
Allows medical marijuana dispensaries, beginning October 1, 2015, to sell limited marijuana retail product to adults 21 and older in accordance with certain conditions.

House Bill 3400
2015 session, effective June 30, 2015
Makes several changes to the laws governing medical marijuana.

Senate Bill 1531
2014 session, effective March 19, 2014
Specifies that governing bodies of a city or county may adopt ordinances that impose reasonable regulations on operation of medical marijuana facilities.

House Bill 3460
2013 session, effective August 14, 2013
Directs OHA to establish a registration system for medical marijuana facilities.


Federal Legal Information

The guidance from the U.S. Department of Justice (USDOJ) does not make the use of medical marijuana legal under federal law, and does not create a defense to a federal prosecution for a drug related offense.

On August 29, 2013, the USDOJ announced an update to its federal marijuana enforcement policy in light of recent state ballot initiatives that legalize, under state law, the possession of small amounts of marijuana and provide for the regulation of marijuana production, processing and sale.

The guidance makes clear that marijuana remains an illegal drug under the Controlled Substances Act and that federal prosecutors will continue to aggressively enforce this statute. To this end, the Department identifies eight enforcement areas that federal prosecutors should prioritize.


Housing and Labor Concerns

Visit the Fair Housing Council of Oregon website to find housing and labor information relating to the use of medical marijuana.



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