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Medical Marijuana Rules and Statutes




Oregon Administrative Rules (OAR)


No temporary administrative rules are in place at this time. 


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

To implement bills that passed in the 2021 Legislative session OMMP will hold the following rules advisory committee (RAC) meetings. These meetings will be held via Zoom. See Informational Bulletin 2021-05 for information regarding passed legislation. 

Division 8 RAC 

These rules effect patients, caregivers, growers, medical dispensaries and processing sites. 

August 3, 2021- Agenda (pdf) | Draft Division 8 (pdf) | Meeting Audio (mp3)

September 20, 2021- Agenda (pdf) | Draft Division 8 (pdf) | Additional Draft Division 8 (pdf) | Meeting Audio (mp3)

Public Comment Period


Public hearing is scheduled for October 19, 2021 at 1:30 PM via video/phone conference using Microsoft Teams. 

To provide oral testimony during this hearing, please contact publichealth.rules@dhsoha.state.or.us to sign-up and receive the link for the Microsoft Teams video conference. Alternatively, you may dial 971-277- 2343, Phone conference ID 925 826 514# for audio only.

Written comments must be submitted before 5:00 p.m. on October 21, 2021, by submitting them to the Public Health Division Rules Coordinator at the following address:

     OHA, Public Health Division
     Brittany Hall, Administrative Rules Coordinator
     800 NE Oregon Street, Suite 930

E-mail comments to: publichealth.rules@state.or.us
You may also send comments by fax to (971) 673-1299

Final rules will be filed after consideration of all comments.

_________________________________________________________________________________________________________

Division 7 and 64 RAC - Legislative rule updates

Rulemaking related to legislative changes from the 2021 session that effect cannabis testing for recreational marijuana, medical marijuana and hemp. 
August 18, 2021 

Agenda (pdf) | Draft Division 7 (pdf) | Draft OAR 333-007-0360 Exhibit B | Meeting Audio (mp3)

September 9, 2021 | 1:00 PM - 5:00 PM

Agenda (pdf) | Draft Division 64 (pdf)

September 27, 2021 

Agenda (pdf) | Updated Draft Division 7 (pdf) | Updated Draft OAR 333-007-0360 Exhibit B (pdf) | Draft Sampling Protocols for Concentrations and Extracts (pdf) | Meeting Audio (mp3)


Division 7 and 64 RAC - Additional testing requirements 

These proposed changes are due to the Secretary of State Audit and OHA’s response to the audit. These concepts were originally discussed in a RAC held in the Fall of 2020 and later moved to a Workgroup. 

October 20, 2021 | 1:00 PM - 5:00 PM
Call in: 1-669-254-5252 | Meeting ID: 161 444 5790
Agenda (pdf) | Draft Division 7 (pdf) | Summary of Division 7 changes (pdf)

November 10, 2021 | 1:00 PM - 5:00 PM

November 22, 2021 | 1:00 PM - 5:00 PM


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 

Agenda (pdf) | Summary of Testing Changes (pdf)Proposed Testing Requirements (pdf) | Meeting Audio (mp3)

December 8, 2020

Agenda (pdf) | Meeting Audio (mp3)

January 5, 2021

Agenda (pdf) | Meeting Audio (mp3)

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

Call in Information: 1-669-254-5252 | Meeting ID: 161 644 7671
Agenda (pdf) | Draft Summary of Workgroup (pdf) | Columbia Laboratories Recommendations (pdf) | Meeting Audio (mp3)

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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