Public Health Division Oregon Medical Marijuana Program
Public Health DivisionOregon Medical Marijuana ProgramKate Brown, GovernorOMMP Grow Site Potential Violations - Updated April 25, 2019The following list is not inclusive of all state laws or administrative rules that govern theoperation of medical marijuana grow sites or for which a PRMG or a GSA is accountable.Applicable law and rule text are available by following this link:www.healthoregon.org/ommpUnless the Authority has received a request for a grandfathered grow site addressunder OAR 333-008-0500, and except as provided in section (4) of this rule the growsite plant limits are as follows: (a) For a grow site location within city limits andzoned residential, a maximum of:(A) Twelve mature marijuana plants;(B) Twenty-four immature marijuana plants that are 24 inches or more in height;and(C) Effective October 1, 2018, 72 immature marijuana plants that are less than 24inches in height.Unless the Authority has received a request for a grandfathered grow site addressunder OAR 333-008-0500, and except as provided in section (4) of this rule the growsite plant limits are as follows: (b) For a grow site location within city limits but notzoned residential or outside city limits, a maximum of:(A) Forty-eight mature marijuana plants;(B) Ninety-six immature marijuana plants that are 24 inches or more in height; and(C) Effective October 1, 2018, 288 immature marijuana plants that are less than 24inches in height.A grow site located at a patient’s residence where the patient or the patient’sdesignated primary caregiver produces marijuana may not have more than 12mature marijuana plants and 24 immature marijuana plants and cannot be agrandfathered grow site. The marijuana plant numbers include any plants permittedunder ORS 475B.301.A PRMG, except for a patient growing only for themself at the patient’s residencewho is not transferring usable marijuana, seeds or immature plants to a registeredprocessing site or dispensary, must create an online account with the Authoritythrough which the individual must at a minimum submit the information required inOAR 333-008-0630.A PRMG is responsible for knowing how many immature and mature marijuanaplants are legally permitted at the grow site address.The Authority may deny a designation of a PRMG if the Authority determines thatthe applicant or the PRMG violated a provision of ORS 475B.785 to 475B.949,475B.580, 475B.650, OAR chapter 333, division 7, these rules, or an ordinanceadopted pursuant to ORS 475B.928.A grow site located at a patient’s residence where the patient or the patient’sdesignated primary caregiver produces marijuana may no longer be a grandfatheredgrow site, may not be approved as a grandfathered grow site, and the grow site maynot be used to produce more than 12 mature marijuana plants and 24 immaturemarijuana plants. The marijuana plant numbers include any plants permitted underORS 475B.301.OMMP Grow Site Potential ViolationsPage 1 of 520(4)3v090519
0(3)4333-008-0550(1)1A PRMG must display a marijuana grow site registration card at the marijuana growsite at all times for each patient for whom marijuana is being produced.333-008-0550(2)3All seeds, immature marijuana plants, mature marijuana plants and usablemarijuana associated with the production of marijuana for a patient by a PRMG arethe property of the patient and must be provided to the patient upon request,unless the patient has assigned a portion of the right to possess the seeds,immature plants and usable marijuana to the PRMG in accordance with ORS475B.822.All marijuana produced for a patient must be provided to the patient or designatedprimary caregiver when the PRMG ceases producing marijuana for the patient,unless the patient has assigned a portion of the right to possess the seeds,immature plants and usable marijuana to the PRMG in accordance with ORS475B.822.All usable marijuana associated with the production of marijuana for a patient mustbe transferred to a marijuana processing site upon the patient’s 50(5)2All seeds, immature marijuana plants and usable marijuana associated with theproduction of marijuana for a patient must be transferred to a medical marijuanadispensary upon the patient’s request.333-008-0550(6)2OMMP Grow Site Potential Violations - Updated April 25, 2019A grandfathered grow site may only have the number of plants authorized by theAuthority, based on the number of patients designating the address as a grow siteon December 31, 2014. A PRMG producing marijuana at a grandfathered grow sitemay replace an existing patient with a new patient unless the person’s designationhas been terminated under ORS 475B.831(6).If the Authority suspends or revokes the registration of a PRMG that is producingmarijuana at a grandfathered grow site the PRMG may not continue to grow at thataddress or any other grow site address that has: (a) For a grow site location withincity limits that is zoned residential, a maximum of:(A) Twelve mature marijuana plants;(B) Twenty-four immature marijuana plants that are 24 inches or more in height;and(C) Effective October 1, 2018, 72 immature marijuana plants that are less than 24inches in height.If the Authority suspends or revokes the registration of a PRMG that is producingmarijuana at a grandfathered grow site the PRMG may not continue to grow at thataddress or any other grow site address that has: (b) For a grow site location withincity limits but not zoned residential or outside city limits, a maximum of:(A) Forty-eight mature marijuana plants;(B) Ninety-six immature marijuana plants that are 24 inches or more in height; and(C) Effective October 1, 2018, 288 immature marijuana plants that are less than 24inches in height.If a patient terminates the designation of a PRMG that person may not bedesignated to produce marijuana by another patient at the grandfathered grow siteaddress and may not produce marijuana at any other grow site address that isauthorized to have more than:(a) Forty-eight mature marijuana plants;(b) Ninety-six immature marijuana plants that are 24 inches or more in height; and(C) Effective October 1, 2018, 288 immature marijuana plants that are less than 24inches in height.A PRMG may not grow marijuana for more than eight patients at any one time.Oregon Medical Marijuana Program, PO Box 14450, Portland, OR 97293. Phone: 971-673-1946OMMP Grow Site Potential ViolationsPage 2 of 10v090519
333-008-0550(11)1PRMGs at a grow site may collectively use one weighing device licensed by ODA. Ifthere is no weighing device licensed by ODA at a grow site all PRMGs registered atthe grow site will be in violation of this rule.333-008-0550(12)1A PRMG may only use pesticides in accordance with ORS chapter 634 and OARchapter 603, division 57.333-008-0550(13)2A PRMG must comply with laws pertaining to water use as administered by theOregon Water Resources Department and shall maintain records as necessary todemonstrate compliance. The PRMG shall provide evidence of a legal source ofwater to the Oregon Water Resources Department and Oregon Health Authorityupon request.A PRMG must comply with applicable land use and zoning requirements related tothe production of marijuana.333-008-0550(16)2333-008-0550(17)2OMMP Grow Site Potential Violations - Updated April 25, 2019If a patient terminates the designation of a PRMG that PRMG may not be designatedto produce marijuana by another patient unless the grow site address is authorizedto have no more than:(a) Forty-eight mature marijuana plants;(b) Ninety-six immature marijuana plants that are 24 inches or more in height; and(c) Effective October 1, 2018, 288 immature marijuana plants that are less than 24inches in height.A PRMG must return the grow site registration card to the Authority when theperson’s designation has been terminated by a patient or the person ceasesproducing marijuana for themself or another patient.Except for a patient growing only for themself at the patient’s residence and nottransferring usable marijuana, seeds or immature plants to a registered processingsite or dispensary, or a PRMG that produces marijuana at a grow site that is subjectto CTS tracking, a PRMG must create an online account with the Authority throughwhich the individual must at a minimum submit the information required in OAR333-008-0630.A PRMG must comply with the advertising restrictions in OAR 333-008-2070 andmust remove any sign, display or advertisement if the Authority determines thePRMG has violated OAR 333-008-2070.A PRMG who transfers or sells usable marijuana to a registered processing site orsells or transfers seeds, immature plants or usable marijuana to a registereddispensary must maintain and use a weighing device that is licensed by the OregonDepartment of Agriculture (ODA). Licensed weighing devices must be used by aPRMG whenever marijuana items are:(a) Transferred from the PRMG to a registered processing site or dispensary and thetransfer is by weight;(b) Packaged for transfer by weight to a registered processing site or dispensary;(c) Weighed for purposes of documenting information required in OAR 333-0080630 for transfers to registered processing sites or dispensaries; or(d) Weighed for purposes of reporting information required in OAR 333-008-0630 orfor the purposes of reporting information into CTS under OAR 333-008-0635.Oregon Medical Marijuana Program, PO Box 14450, Portland, OR 97293. Phone: 971-673-1946OMMP Grow Site Potential ViolationsPage 3 of 10v090519
OMMP Grow Site Potential Violations - Updated April 25, 2019A PRMG must obtain an assignment of rights from their patient before transferringusable marijuana, seeds, or immature marijuana plants to a registered dispensary,processing site, or an OLCC licensed processor or wholesaler, as follows:(a) For any usable marijuana, seeds, or immature marijuana plants that will betransferred to a registered dispensary or registered processing site, the PRMG mustobtain an Authorization to Transfer form as prescribed by the Authority or apersonal agreement as described in ORS 475B.822.(b) For usable marijuana that will be transferred under ORS 475B.825 to a licensedprocessor or licensed wholesaler the PRMG must obtain a personal agreement asdescribed in ORS 475B.822.(c) The authorization to transfer form or personal agreement must be madeavailable to the Authority or Commission upon request.(d) A model personal agreement form is available on the Authority’s website, athealthoregon.org/ommp.(e) A PRMG may only possess and transfer usable marijuana, seeds or immatureplants transferred from a patient in accordance with ORS 475B.785 to 475B.949.A PRMG may not produce more than the following per patient, subject to theoverall grow site plant limits:(a) Six mature marijuana plants;(b) Twelve immature marijuana plants that are 24 inches or more in height; and(c) Effective October 1, 2018, 36 immature marijuana plants that are less than 24inches in height.Unless a petition has been granted under OAR 333-008-0520 a grow site addressmay not have more than: (a) For a grow site location within city limits that is zonedresidential:(A) Twelve mature marijuana plants;(B) Twenty-four immature marijuana plants that are 24 inches or more in height;and(C) Effective October 1, 2018, 72 immature marijuana plants that are less than 24inches in height.Unless a petition has been granted under OAR 333-008-0520 a grow site addressmay not have more than: (b) For a grow site location within city limits but not zonedresidential or outside city limits:(A) Forty-eight mature marijuana plants;(B) Ninety-six immature marijuana plants that are 24 inches or more in height; and(C) Effective October 1, 2018, 288 immature marijuana plants that are less than 24inches in height.A PRMG producing marijuana at a grow site where multiple PRMGs are registeredmust:(a) Physically identify the marijuana plants at a grow site address that are beinggrown by that PRMG by either:(A) Tagging each marijuana plant with the PRMG’s name, identification card numberand patient identification number; or(B) Fencing or cordoning off the PRMG’s marijuana plants and posting all grow siteregistration cards at the location where the plants are located; or(b) Post a plot plan or graphic matrix depicting the plant layout configuration withinthe grow site and the PRMG and patient associated with each plant. For purposes ofsuch grow site mapping, a keyed or alphanumeric legend must be included thatincludes means to confirm the assigned PRMG name and identification number andthe patient name and identification number for each -0560(2)(b)1333-008-0570(1)1Oregon Medical Marijuana Program, PO Box 14450, Portland, OR 97293. Phone: 971-673-1946OMMP Grow Site Potential ViolationsPage 4 of 10v090519
info333-008-0570(3)info333-008-0570(4)infoA person designated to produce marijuana by a patient may not possess usablemarijuana in excess of: (a) For a marijuana grow site located outdoors, 12 pounds ofusable marijuana per mature marijuana plant; or333-008-0580(2)(a)1A person designated to produce marijuana by a patient may not possess usablemarijuana in excess of: (b) For a marijuana grow site located indoors, six pounds ofusable marijuana per mature marijuana plant.333-008-0580(2)(b)1Unless a PRMG falls within the definition of a person designated to producemarijuana by a patient the PRMG may only possess the amount of usable marijuanathat is permitted under ORS 475B.301.A PRMG producing marijuana at a grow site where there are multiple PRMGsregistered must physically segregate the usable marijuana at the grow site addressthat is the property of the PRMG or the PRMG’s patients by placing the usablemarijuana in a receptacle or multiple receptacles and attaching a label to thereceptacle that includes the PRMG’s name, identification card number and patientidentification number.If during an investigation the Authority determines that usable marijuana has notbeen segregated in accordance with section (4) of this rule or that usable marijuanaat the grow site is identified as belonging to an individual who is not registered atthe grow site, the Authority may suspend or revoke the registration of the grow siteaddress for all PRMGs producing at that grow site and the PRMG’s (5)infoA PRMG who transfers usable marijuana to a registered processing site ordispensary must comply with the labeling and packaging requirements adopted bythe Commission in OAR chapter 845, division 25 and the testing requirements inOAR 333-007-0300 to 333-007-0500, including but not limited to assigning anddocumenting a unique batch number for each batch of usable marijuana, andproviding that batch number to registered processing sites and dispensaries at thetime of transfer or sale.In accordance with rules adopted by the Commission in OAR chapter 845, division25 a PRMG must: (a) Comply with the Commission’s packaging and labeling preapproval process under OAR chapter 845, division 25; and (b) Keep all recordsrelated to the label pre-approval process for two years from the date of approvaland provide those records at the request of the Authority.333-008-0600(1)2333-008-0600(2)2OMMP Grow Site Potential Violations - Updated April 25, 2019If during an investigation the Authority determines that marijuana plants have notbeen designated by a PRMG in accordance with section (1) of this rule or there aremarijuana plants at the grow site designated by an individual who is not authorizedto produce marijuana at that grow site the Authority may suspend or revoke theregistration of the grow site address for all PRMGs at that grow site and all thePRMG’s identification cards.If during an investigation the Authority determines that a PRMG is producingmarijuana plants in excess of the number of plants allowed in ORS 475B.831 theAuthority may suspend or revoke the registration of the PRMG for each patient whohas designated the PRMG.Each PRMG registered at a grow site is jointly and severally responsible for ensuringcompliance with ORS 475B.831.Oregon Medical Marijuana Program, PO Box 14450, Portland, OR 97293. Phone: 971-673-1946OMMP Grow Site Potential ViolationsPage 5 of 10v090519
OMMP Grow Site Potential Violations - Updated April 25, 2019No later than the 10th day of each month, a PRMG, who is not a person designatedto produce marijuana by a patient, as that is defined in OAR 333-008-0010, mustsubmit the following information to the Authority: (a) The number of immature andmature marijuana plants and amount of usable marijuana transferred to eachpatient for whom the PRMG is producing marijuana;No later than the 10th day of each month, a PRMG, who is not a person designatedto produce marijuana by a patient, as that is defined in OAR 333-008-0010, mustsubmit the following information to the Authority: (b) The amount of usablemarijuana transferred to each registered marijuana processing site through anagreement with the patient;No later than the 10th day of each month, a PRMG, who is not a person designatedto produce marijuana by a patient, as that is defined in OAR 333-008-0010, mustsubmit the following information to the Authority: (c) The number of seeds orimmature plants and the amount of usable marijuana transferred to each registereddispensary through an agreement with the patient.No later than the 10th day of each month, a person designated to producemarijuana by a patient as that term is defined in OAR 333-008-0010, must submitthe following information to the Authority: (a) The number of mature marijuanaplants and immature marijuana plants, the amount of marijuana leaves and flowersbeing dried, and the amount of usable marijuana, in the person’s possession;No later than the 10th day of each month, a person designated to producemarijuana by a patient as that term is defined in OAR 333-008-0010, must submitthe following information to the Authority: (b) The number of mature marijuanaplants and immature marijuana plants, and the amount of usable marijuanatransferred to each patient for whom the person produces marijuana, or thatpatient’s designated primary caregiver during the previous month;No later than the 10th day of each month, a person designated to producemarijuana by a patient as that term is defined in OAR 333-008-0010, must submitthe following information to the Authority: (c) The amount of usable marijuanatransferred to each marijuana processing site during the previous month;No later than the 10th day of each month, a person designated to producemarijuana by a patient as that term is defined in OAR 333-008-0010, must submitthe following information to the Authority: (d) The number of immature marijuanaplants, and the amount of usable marijuana transferred to each medical marijuanadispensary during the previous month.The information required to be submitted under this rule must be submittedelectronically in a manner prescribed by the Authority.In addition to submitting the information as required in section (3) of this rule aperson designated to produce marijuana by a patient must keep a record of theinformation described in section (3) of this rule for two years after the date onwhich the person submits the information to the Authority.A person designated to produce marijuana by a patient, as that term is defined inOAR 333-008-0010, may delegate his or her duty to report information undersection (3) of this rule to another person designated to produce marijuana by apatient
A grow site located at a patient’s residence where the patient or the patient’s designated primary caregiver produces marijuana may not have more than 12 mature marijuana plants and 24 immature marijuana plants and cannot be a grandfathered grow site. The marijuana plant numbers include any plants permitted under ORS 475B.301.
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