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GENERAL FAQS


PROGRAM RULES AND LEGAL ADVICE

How can I find the rules that apply to me?

Please visit our Rules page and use the guide below as a reference:

  • Most of the definitions are in OAR 333-008-0010.
  • Rules that apply to patients and caregivers can be found mainly in OAR 333-008-0020 to 333-008-0080.
  • Rules that apply to growers and grow sites can be found mainly in OAR 333-008-0033, 333-008-0037, ​333-008-0047, 333-008-0500 to 333-008-0640.
  • Rules that apply to dispensaries are OAR 333-008-1000 to 333-008-1248 and 333-008-2000 to 333-008-2200.
  • Rules that apply to processors are OAR 333-008-1600 to 333-008-2200.
  • Labeling rules can be found in OAR 333-007-0010 to 333-007-0100.
  • Concentration and serving size limits can be found in OAR 333-007-0200 to 333-007-0220.
  • Cannabis testing requirements can be found in OAR 333-007-0300 to 333-007-0490.
  • Accreditation of laboratories can be found in OAR 333-007-0100 to 333-007-0110.
How do I find out about rulemaking, rule changes and other updates regarding the medical marijuana program?

Individuals can subscribe to receive email updates related to medical marijuana.

Can the OMMP give me legal advice?
No. If you have questions about compliance with the Oregon Medical Marijuana Act you should consult a private attorney.

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CONTACTING THE OMMP

How do I contact OMMP?
If you have a question that isn't answered here, you may call us by phone at 971-673-1234. We offer telephone support only. We cannot verify or send confidential information by email. We do not provide any on-site services.
 
Are there any days the OMMP office is closed?
Yes, we are closed on some ho​lidays. View state office holiday closure dates.

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TRACKING AND DATA REPORTING

Is OHA implementing seed-to-sale tracking like the Oregon Liquor Control Commission is developing for the adult-use market?
No. Consistent with the requirements in House Bill 3400, OHA's rules require growers, processors and dispensaries to report the total amount of marijuana transferred to each patient, processor and dispensary on a monthly basis. OHA will only be collecting data on total monthly transfers and WILL NOT be tracking individual products as they are transferred through the supply chain.
By rule, OHA has excluded patients growing only for themselves at their own residence from any tracking or reporting requirements.
 
If I am a medical marijuana grower, do I have to track my marijuana plants at harvest and send information to OHA?
House Bill 3400, passed in the 2015 Legislative session, requires OHA to register grow sites in order to track and regulate the production of marijuana, and requires growers to submit monthly reports to OHA. These reports must include: the amounts of usable marijuana, mature plants, and immature plants transferred to patients, caregivers, processors and dispensaries for the previous month. Some growers will be required to report the number of mature plants and usable marijuana at the grow site at the time of reporting.
By rule, OHA has excluded patients growing only for themselves at their own residence from any tracking or reporting requirements.
The reporting requirements for all growers can be found in OAR 333-008-0630.  
 
What are OHA’s new tracking requirements for registered processors and dispensaries?
A registered processor or dispensary is required to have an inventory tracking system that can document transfers to and from the facility, per OAR 333-008-1200 and 333-008-1740.
 
OHA’s rules require that a processor or dispensary report, on a monthly basis, the amount of marijuana items, by type, transferred into and out of the facility. See the Reporting Requirements page for details.
 
In addition, dispensaries are required to report quarterly on their early retail sales. See the Early Retail Sales Reporting page for details.  
 
Do I need special software for OHA’s data reporting system?
No, special software is not required to be purchased or downloaded to report information to OHA. Registered individuals create an online account where they can input the information that is required to be submitted to OHA on a monthly basis.
When am I required to start reporting?
Tracking of marijuana and marijuana products will begin in June 2016. The tracking of transfers made in June 2016, is required to be submitted by July 30, 2016. After July, each month’s report of transfers must be made by the 10th of the following month.
Where can I find more information regarding monthly reporting?
Please visit the Reporting Requirements page for more information.

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LABELING

Which labeling rules do I follow?
Currently, there are two sets of rules that may be followed. Labeling rules found in OAR 333-008-1220 may be used until your labels have been approved through the OLCC pre-approval process.
 
By October 1, 2016, any marijuana item transferred to a dispensary or by a dispensary must meet the new labeling requirements outlined in OAR 333-007-0010 through 333-007-0220.
 
What if I have products that do not meet the new labeling requirements on October 1, 2016?
A dispensary that has marijuana products that do not meet the labeling requirements must return the products to the person who transferred the item to the dispensary. Dispensaries must document to whom the item was returned, what was returned and the date of return.
 
I only plan on providing medical marijuana products. Do my labels need to go through the OLCC pre-approval process?
Yes. Per OAR 333-007-0100 all products, including medical marijuana products, must go through the OLCC pre-approval process. Visit OLCC's Packaging and Labeling Pre-Approval web page for more information. 
 
Where can I find the marijuana universal symbol?
 
What size does the universal symbol need to be?
The universal symbol must measure at least 0.48 inches wide by 0.35 inches high.
 
Can I change the colors used in the universal symbol?
No. The universal symbol must be used as is. The universal symbol is a Registered Trademark of OHA and can only be used by licensees or registrants on marijuana product labels.
Is there a font type and size requirement for labeling?
Yes. The font size can be no smaller than 8 point Times New Roman, Helvetica or Arial font. Variations of these fonts, such as narrow, bold, etc, are not permitted.
What is a principle display panel?
The portion of the package that is most likely to be seen by the consumer at the point of purchase. The following information must be included:  
 
If only a single panel is used for labeling, the principle display panel must also include place of address and ingredient list, if applicable.
 
When putting “place of address” on my label, can it be a mailing address?
Yes. The mailing address of the business may be used.
Can I include additional information on my labels other than what is required by rules?
Yes. Other information may be included on labels as long as it is not attractive to minors and information does not contain any untruthful or misleading statements, including but not limited to a health claim that is not supported by the totality of publicly available scientific evidence, and for which there is significant scientific agreement, among experts qualified by scientific training and experience to evaluate such claims.

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PACKAGING

What are the packaging requirements and which packaging rules do I follow?
Packaging used for marijuana products must be child resistant.
 
Currently, there are two sets of rules that may be followed. Packaging rules found in OAR 333-008-1225 may be used until you have your packaging approved by the OLCC pre-approval process.
 
By October 1, 2016, all packaging used must comply with OLCC packaging rules.
 

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LABORATORY TESTING

Which labs can currently perform testing on marijuana?
Please visit our Laboratories page for a list of labs that may be used.
Are there any testing standards in place for laboratories to follow before they obtain accreditation?
Yes. Marijuana testing requirements, outlined in OAR 333-008-1190​, state that marijuana items transferred to a dispensary on or after March​ 1, 2016, may only be accepted from a laboratory that is listed with OHA. Starting October 1, 2016, only laboratories that have been accredited by ORELAP may be used for testing.
When does marijuana have to be tested by an accredited lab?
On and after October 1, 2016, all marijuana and marijuana products must be tested by a laboratory accredited by OHA and licensed by OLCC. After October 1, 2016, a dispensary may sell a marijuana item to a patient or caregiver that does not meet the testing standards if it contains a label that states “DOES NOT MEET NEW TESTING REQUIREMENTS.”
Where can I find more information about accreditation? 

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BACKGROUND CHECK PROCESS

Who is required to have a background check?
Any person listed on the application for a proposed medical marijuana dispensary or processing site must go through a background check. This includes all owners and PRDs or PRPs who are named in the application.
Why do you need fingerprints?
State law requires a criminal background check. A person cannot be a listed on an application if they have been convicted for the manufacture or delivery of a Schedule I or Schedule II controlled substance in any state.
 
Where can I get my fingerprints processed?
Instructions for having your fingerprints taken can be found on the Background Check page.
 
Is there a fee associated with having a background done?
Yes. The background check fee is $35 for each individual named in an initial application. Also, the fee must be paid if an owner is added or if a change of PRD/PRP or primary PRD/PRP is requested. Payment may be made by check or money order, payable to the Oregon Health Authority. Payment must be sent by mail and received by the OMMP within 30 calendar days of the date the OMMP mailed a notice to the applicant that the initial application was received or be included with a request to add an owner or a PRD/PRP or change the primary PRD/PRP.
 
Mail payment to:
OMMP – Dispensary and Processor Unit
P.O. Box 14116
Portland, OR 97293-0116
 
Please visit the Background Check page for more information.

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PATIENT FAQS

 

PATIENT APPLICATION PROCESS

Who can get a medical marijuana card?

Individuals with a qualifying medical condition and a recommendation for medical marijuana from an attending physician may apply for a medical marijuana card.

 
How do I apply for a card?

Visit our New Patients page to learn how to apply for a medical marijuana card.

How long does it take to get a card?
If, upon an initial review, it appears that a complete application has been received, the patient will be issued a receipt letter. This receipt has the same legal effect as a registry identification card for 30 days following the date printed on the letter. Once your application is finished being processed, a card will be mailed to you.
 
If your application is NOT complete, OMMP staff will send you an "Incomplete Letter" to let you know what needs to be submitted to complete your application. You will have 14 days from the date of the letter to get the missing application materials to OMMP. If the missing application materials are not submitted within the 14 days, your application may be rejected.
 
Please do not call to check your status prior to 30 days from the date we receive your application. The processing of applications takes time, and the same staff who review your application also answer the phones. The more calls we receive, the slower we process applications.
How can I make sure my application is processed as quickly as possible?

Make sure you:

  • ​Complete all required portions of the application.
  • Submit a complete Attending Physician's statement.
  • Include copies of current U.S. state or federal issued photo ID for the patient, caregiver, and grower if applicable.
  • Submit the correct payment amount. If you are eligible for a reduced fee, submit the required proof.
  • Do not call to check your application status for 30 days from the date we receive your application.

Download our application checklist.

 
How does the OMMP process applications so patients can access dispensaries?
All applications are treated equally and the OMMP processes them as quickly as possible. A receipt is mailed when a complete patient application is received. This receipt has the same legal effect as a card and will allow a patient to access dispensaries for 30 days from the date on the receipt.
​​Who may act as a grower?
  • A patient may grow for him or herself or designate an individual 21 years or older to act as his or her grower.
  • The OMMP conducts a criminal background check on all designated growers.
  • If a grower has been convicted of felony violating ORS 475.752 through 475.920 on or after January 1, 2006, that person is prohibited from growing marijuana for a patient for two years from the date of conviction for the first offense.
  • Individuals with more than one conviction are permanently prohibited from growing.
​Do I have to list a grower and grow site address on my application?

Only if you are growing your own medical marijuana or are designating another person to grow medical marijuana for you.

  • Patients growing medical marijuana or designating a grower are required to provide the OMMP with the grow site address.
  • Only one grow site address may be registered per patient.
  • Grow sites must be a physical address located in Oregon.
Do I need to keep a copy of my application and any other information I send to OMMP?

Yes. If your application has not yet been approved, denied, or rejected you may provide law enforcement with a copy of your written documentation submitted to OMMP along with proof of the date of mailing or other transmission of the documentation. This documentation gives you the same legal protection as a registry identification card, until you get your card or get notification that your application has been denied.

In addition, a receipt from the OMMP will be mailed to you if you submit what appears to be a complete application. The receipt will be valid for 30 days from the date on the receipt and will allow you entry into a dispensary.

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CARDHOLDER FEES

How much does it cost to register as a cardholder?

The standard application fee is $200.

An applicant may qualify for a reduced fee of:

  • $60 withproof of Supplemental Nutrition Assistance Program (SNAP) benefits, or
  • $50 withproof of Oregon Health Plan (OHP) eligibility, or
  • $20 withproof of receipt of Supplemental Security Income (SSI) monthly benefits, or
  • $20 with proof of having served in the Armed Forces of the United States.

Grower Registration Fee: If a designated grower is someone other than the patient, a grow site registration fee of $200 is required in addition to the application fee. To pay this fee the grower will need to follow the instructions on our Grower page to create an online account and pay.

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CHANGING OR UPDATING INFORMATION

Do I have to tell the OMMP if I change my mailing address, add or remove a caregiver, grower, or change my grow site address?

Yes. You are required to submit a Change Form with the updated information within 10 calendar days.

  • Change forms should be submitted by mail. The OMMP does not accept changes of registry information over the telephone or by fax.
  • Changes to your caregiver and/or grower require that the former caregiver or grower cards be returned to the OMMP within 7 days.
  • Patients are required by law to notify the former caregiver or grower that they no longer have this designation.
​Are there legal concerns when I change my caregiver, grower or grow site information?

Yes. It is important for your registry file to be up to date so if law enforcement requests verification of information from the OMMP your current caregiver, grower, and grow site are all protected.

  • To make sure individuals and the grow site are protected, and that previously protected individuals know their status has changed, submit a Change Form for caregiver, grower or grow site changes immediately.
  • The OMMP recommends that you get a new grow site registration card before moving plants to a new grow site and keep copies of all Change Forms.

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POSSESSION LIMITS

How much marijuana can I possess if I am a medical marijuana patient?

An Oregon medical marijuana patient (and their caregiver, if applicable) may possess up to 6 mature plants, which must be grown at a registered grow site address, and up to 24 ounces of usable marijuana.

This is different from the possession limits for recreational marijuana. Limits for recreational marijuana can be found at WhatsLegalOregon.com.

Is there a limit on how much marijuana an OMMP patient or caregiver can possess or purchase from a dispensary?
Yes. A patient or caregiver may only possess or purchase from a dispensary in one day:
 
  • 24 ounces of usable 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 whether sold alone or contained in an inhalant delivery system;
  • Five grams of a cannabinoid extract whether sold alone or contained in an inhalant delivery system;
  • Four immature marijuana plants; and
  • 50 seeds.

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PHYSICIAN REQUIREMENTS

Do I need a physician to recommend the use of medical marijuana?
Yes. A physician must state in writing that the patient has a qualifying medical condition and that medical marijuana may mitigate the symptoms or effects of that condition annually.
 
Can a naturopath (ND), chiropractor (DC), ​or nurse practitioner (NP/FNP) sign my “Attending Physician's Statement”?
No. "Attending Physician" is defined as a Doctor of Medicine (MD) or Doctor of Osteopathy (DO) licensed under ORS chapter 677.
 
​Does the physician have to be licensed in Oregon?
Yes. The law specifies that a physician must be licensed in Oregon.

WITHDRAWING FROM OMMP

Can a patient withdraw from the program?

Yes. A patient must submit a written statement that he or she wishes to withdraw from OMMP.

  • All cards must be returned to OMMP within 7 days of the withdrawal notification.
  • The patient’s card and all cards associated will be voided.
  • The patient is responsible for notifying his or her grower or caregiver, if applicable, that his or her card is no longer valid.
  • The patient may reapply as a new patient at any time.​
Do patients get a refund if they withdraw from the program?

No. The application and grow site fees are non-refundable.

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DISPENSARIES AND PATIENTS

How can I find a medical marijuana dispensary in Oregon?
What do I need to bring to get medical marijuana from a dispensary?
You will need to show your current and valid Oregon Medical Marijuana Program card and photo identification.
Are children allowed inside dispensaries?
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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GROWER AND GROW SITE FAQS

Does a grower have to be 21 years old?

Yes. As a result of House Bill 3400 in the 2015 legislative session, current growers who are under 21 years of age on March 1, 2016 may no longer grow marijuana. Your patients will need a new grower. Read the cardholder notice for details.

How can I verify that I am a grower or caregiver for a particular patient?
The patient is responsible for getting the cards to the caregiver and grower. You can ask the patient to sign an approved Release of Information request that will enable you to contact the OMMP and verify whether you are an authorized grower or caregiver for that patient.
 
If I am a medical marijuana grower, do I have to pay a fee?
Yes. As of April 1, 2016, growers must pay a $200 grow site registration fee for each patient. Patients growing marijuana only for themselves at their residence DO NOT have to pay a fee.
 
If I am a patient growing for myself, will I have to pay new fees or participate in product tracking?
No. Patients growing only for themselves at their own residence DO NOT have to pay the $200 grow site registration fee (OAR 333-008-0220(3)(d)). Patients growing only for themselves at their own residence, and not selling anything to an OHA-registered processor or dispensary, are NOT required to do any tracking of marijuana.
 
How many plants am I allowed to grow?
A grower can have 6 plants per patient. However, how your grow site is zoned (residential or outside city limits) determines the plant limits at the address of the grow site.
 
Plant limits are as follows:​​
 
  • 12 mature plants if the grow site is within city limits and zoned residential
-- OR --
 
  • 48 mature plants if the grow site is within city limits but not zoned residential, or not within city limits 
 
How do I find out how my grow site address is zoned?
Contact your local city or county planning office or visit their website.
 
Will OHA inspect my grow site if I am a patient and only growing for myself?
OHA does not have the interest or capacity to inspect the grow sites of patients growing only for themselves. Inspections will be focused on grow sites with 12 or more plants. OHA will only routinely inspect these types of grow sites because these sites are most likely to impact public health (e.g. by transferring products to processors or dispensaries). OHA reserves the right to inspect any grow site if it has a reasonable belief that the grower is violating the law.
 
Will OHA inspect personal gardens?
No, OHA does not have the authority to inspect personal gardens.
 
What are the security requirements for medical marijuana growers?
Measure 91, passed by the voters in the 2014 General Election, requires anyone growing marijuana plants at home to have those plants out of the public’s view. To be consistent with Measure 91, marijuana plants need to be grown out of public view and growers need to ensure public access to grow sites is restricted.
 
As a medical marijuana grower, am I required to have a water right?
OHA does not have any laws or rules regarding water rights; however, under current Oregon law, as administered by the Oregon Water Resources Department (OWRD), marijuana-related water use is subject to the same water-use regulations as any other water use in the state.
 
With a few exceptions, water users generally must obtain a water right from OWRD to use water from any source. Other options may include obtaining water from a water provider that has a legal water use authorization, or using water in a manner that is exempt from the need to obtain a water right.
 
Read this document for more information. Note that growing marijuana for commercial purposes, whether medical or recreational, is not eligible for any exemptions from water right permitting for use of groundwater. 

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PROCESSOR FAQS

 
How do I apply to be a medical marijuana processor?

You can apply online. Visit the Processor How to Apply page for details.

A processor wishing to continue transferring products to a dispensary on and after October 1, 2016, must be registered by that date. If you have a pending application with OHA on or after October 1, 2016, but are not yet registered, you will not be able to transfer products to a dispensary.
What is the fee for applying and registering a medical marijuana processing site?
There is a registration fee of $3,500 and a non-refundable application fee of $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 a 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 Person Responsible for a Processing site (PRP).
What medical marijuana products can I process?
A list of the different endorsements that processors may apply for can be found under OAR 333-008-1700. They are: 
 
  • Cannabinoid edible processor;
  • Cannabinoid topical processor;
  • Cannabinoid concentrate processor;
  • Cannabinoid extract processor; and
  • Cannabinoid tincture, capsule, suppository, or transdermal patch processor.
Is there an additional fee for each endorsement?
No.
 
Does the registration process differ based on the type of endorsement?
Yes. While there are a set of general requirements that all processors must meet, the rules are different for applicants making extracts, concentrates and other products.
 
Rules specific for edible processors are found under OAR 333-008-1790, for concentrate and extract processors under OAR 333-008-1800 and for topical, tincture, capsule, suppository or transdermal patch processors under OAR 333-008-1810.
 
A set of general requirements may be found in OAR 333-008-2000 through 333-008-2200. 
What is the process for approval? How long should it take?
After your online application, fee payment, and all required application documents have been received, program staff will review your application to determine whether all program rules have been satisfied. Once you submit a complete application, it 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 and completeness of your application.
 
Are there any location restrictions for a medical marijuana processing site?
Yes. An extract processor may not be in an area zoned residential. It is recommended that a processor check with their local government to ensure there are no prohibited uses at the location they intend to process marijuana.
 
Is there a Land Use Compatibility Statement (LUCS) requirement for medical marijuana processors?
No. However, it is recommended that a processor check with their local government to ensure there are no prohibited uses at the location where they intend to process marijuana.
 
Do I need to have an OMMP card to apply to become a medical marijuana processor?
No. An OMMP patient, caregiver or grower card is not required to become a registered medical marijuana processor.
 
Who can perform transfers to a registered processing site?
An OMMP patient, caregiver or a PRMG (Person Responsible for a Medical Marijuana Grow Site) may transfer usable marijuana to a registered processing site if they are provided with an Authorization to Transfer form or a Personal Agreement signed by the patient.
 
Patients and caregivers may transfer marijuana to a registered processing site for no compensation for the purpose of the processing site processing the marijuana into a cannabinoid product, concentrate or extract for the patient’s personal use.
 
Also, a registered medical marijuana processing site may transfer to another registered medical marijuana processing site.
 
Rules regarding transferring to a registered processing site are found in OAR 333-008-1760.
 
Who can a registered processing site transfer to?
A registered processing site may transfer to another registered medical marijuana processor or a registered medical marijuana dispensary.
 
Rules regarding transferring from a registered processing site are found in OAR 333-008-1760 to 333-008-1770.
 
I am an unregistered processing site. Can I accept transfers of useable marijuana to process?
Yes, but only if you are an OMMP patient, caregiver or grower. If so, then you are still able to accept transfers of useable marijuana, within your possession limits, to process concentrates and edibles until October 1, 2016.
 
You may not process extracts as an unregistered processing site unless an application has been submitted to OHA and the processing site is listed on the OMMP website.
 
Starting October 1, 2016, you must be a registered processor in order to accept transfers of useable marijuana; this includes extract processors. A registered processing site means that you have received a certificate from OHA with an endorsement for a specific type of processing activity. If you have a pending application with OHA on or after October 1, 2016, but are not yet registered, you will not be able to transfer products to a dispensary.
 
I am an unregistered processor. Can I transfer my cannabinoid edible or concentrate product to a dispensary?
Yes, but only if you are an OMMP patient, caregiver or grower. If so, then you are still able to process and transfer marijuana, within your possession limits, to a medical marijuana dispensary. An Authorization to Transfer form or a Personal Agreement with the patient will need to be completed in order to transfer to a dispensary.
 
Starting October 1, 2016, you must be a registered processor in order to sell products to a dispensary. If you have a pending application with OHA on or after October 1, 2016, but are not yet registered, you will not be able to transfer products to a dispensary.
 
Can I still process extracts as an unregistered processor or as an OMMP patient, caregiver or grower?
No. Under HB 4014, passed in the 2016 Legislative session, the unlicensed processing of extracts is illegal.
 
However, a medical marijuana processing site that has submitted a complete application for registration with OHA is exempt from criminal liability pursuant to ORS 475B.475. View the list of processing sites that have submitted a complete application.
 
Starting October 1, 2016, you must be a registered processor in order to sell products to a dispensary. If you have a pending application or were previously listed on the OMMP website as having submitted a complete application, you will not be able to transfer products to a dispensary on and after October 1, 2016 unless you are fully registered with OMMP.
 
What are the requirements for getting registered as an extraction processor?
In addition to meeting the general requirements (OAR 333-008-2000 to 333-008-2200), extraction processors do have a set of specific requirements that must be met.
 
  • Extraction processors must use commercially manufactured professional grade closed loop extraction systems designed to recover the solvents and built to recognized and generally accepted good engineering standards. 
  • The equipment and facility must be approved for use by the local fire code official, meet any fire, safety and building code requirements, have an emergency eye wash station in any room in which extraction is being processed and have all applicable material safety data sheets available.
  • Rules specific to extract processors may be found in OAR 333-008-1800.
 
Is a commercial kitchen license from Department of Agriculture (ODA) required for processing edibles?
Yes. For information on how to apply for a commercial kitchen license please visit ODA’s website.
 
Is a commercial kitchen license from ODA required if I’m making concentrates or extracts that will be used in edibles?
Yes. Any ingredient used in food production must come from an ODA licensed facility.
 
As a medical marijuana processor, do I need to have my labels approved by OLCC as part of their labeling pre-approval process?
Yes. For more information visit the OLCC website.
 
What labeling requirements can I follow before my labels are approved?
Labeling rules found in OAR 333-008-1220 may be used until your labels are approved, but starting October 1, 2016, all labels must be pre-approved and follow requirements found under 333-007-0010 to 333-007-0100.
 
What packaging requirements do I need to follow?
Packaging rules found in OAR 333-008-1225 may be used, but starting October 1, 2016, all packaging must be compliant with OLCC packaging rules found in OAR 845-025-7000 to 845-025-7060.
 
When do I have to comply with concentration limits?
Starting October 1, 2016, all products must meet requirements found under OAR 333-007-0200 to 333-007-0220.
 
What testing requirements am I required to follow?
Testing rules found in OAR 333-008-1190 and 333-008-1740(9) may be followed until September 30, 2016.
 
Starting October 1, 2016, all marijuana items must be tested according to OAR 333-007-0300 to 333-007-0490.
 
A dispensary may transfer a marijuana item to a patient or caregiver that was transferred to the dispensary before October 1, 2016, and that was not tested in accordance with the rules found in Division 7. Starting October 1, 2016, all marijuana items that had not been tested in accordance with Division 7 rules must have the following label placed on the package where it can easily be seen by the patient or caregiver, in 12 point font, and in bold, capital letters that reads "DOES NOT MEET NEW TESTING REQUIREMENTS."
 
Are processors subject to any inventory reporting requirements?
Yes. All registered processors must report the amount and type of products transferred into the processing site and out of the processing site. The first reporting requirement is due June 30, 2016. Rules regarding reporting requirements are found under OAR 333-008-1830. See our Reporting Requirements page for details.

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DISPENSARY FAQS

 
HOW TO APPLY

How do I apply to register my dispensary?
Please visit our Dispensary How To Apply page for details.
 
Are there any location restrictions for a medical marijuana dispensary?
Yes. Dispensaries may not be in an area zoned residential. It is recommended that you check with your local government to ensure there are no prohibited uses at the location where you intend to open a dispensary.
 
Dispensaries may also not be located within 1000 feet of a school and another registered dispensary.
 
What zoning documentation is acceptable?
Please contact the city or county planning office of where the dispensary is located. Written documentation should be obtained that indicates the proposed dispensary is not located in an area that is zoned for residential use. 
 
Is there a Land Use Compatibility Statement (LUCS) requirement for medical marijuana dispensaries?
No. However, it is recommended that you check with the local government to ensure there are no prohibited uses at the location where you intend to open a medical marijuana dispensary.
 
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?
The OMMP 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 OMMP 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.
 
What kinds of schools do dispensaries need to be 1,000 feet away from?
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(4)(c)(A) for details.
 
May I operate a mobile dispensary, a medicine delivery service or have a drive-thru at my dispensary?
No. Mobile services, including but not limited to farmers markets, drive-thrus, delivery services 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.
 
Can a dispensary be located at the same address as a grow site?
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.
 
Can a dispensary sublet or share any portion of the dispensary premises with any other business?
No.
 
What are the security requirements for a dispensary?
Rules regarding security requirements may be found in OAR 333-008-2080 to 333-008-2120.​​​​​​ 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.
 
What is the process for approval? How long should it take?
After your online application, fee payment, and all required application documents have been received, 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.
 
Once my application is approved, when may I begin to operate my dispensary?
You may open for business as soon as you receive your physical registration certificate.
 
Is there a limit on the number of dispensaries that will be registered by the Oregon Health Authority?
There is no limit on the number of dispensaries that may be registered by OHA. However, dispensaries cannot be within 1,000 feet of each other or a school.
 
How many dispensaries may an individual own or be responsible for?
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 for each location.
What is a PRD?
A PRD is a “Person Responsible for a Dispensary.” For more information or for information on how to change a PRD, visit our PRD page.
 
Can I have more than one PRD?
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.
 
What is a Primary PRD?
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.

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PAYMENT OF FEES

What is the fee to apply for a license to operate a dispensary?
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 in the initial application, including all owners and PRDs;
  • A request to add an owner; or
  • Change a PRD or primary PRD.
 
I don’t have a credit card. How can I pay the fee?
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.

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GENERAL DISPENSARY FACTS

What is a medical marijuana dispensary?
A medical marijuana dispensary is a facility, registered by the Oregon Health Authority, that is allowed to receive marijuana, immature marijuana plants, or marijuana products and transfer that marijuana to a patient or a patient’s caregiver, if the patient or caregiver has an Oregon Medical Marijuana Program card or a receipt letter from the OMMP.
 
Where may dispensaries be located?
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.
 
How often does a medical marijuana dispensary get inspected?
The OMMP 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.
 
Can medical dispensaries provide, sell, or dispense marijuana at an off-site event or to an off-site event?
No. All transfers of marijuana must be done on-site at the dispensary in accordance with dispensary rules.
 
May local governments ban dispensaries?
Yes. ORS 475B.800 allows local governments in Oregon to adopt ordinances that prohibit medical marijuana dispensaries or medical marijuana processing sites within its jurisdiction. For more information, visit our Local Government Option page.
 
Are dispensaries allowed to advertise, market or promote the prices of their products?
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.
 
Are there any advertising restrictions?
Yes. OAR 333-008-2070 outlines a set of restrictions registrants must comply with for advertising. In addition, dispensaries may 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.
 
Are there any advertising requirements?
Yes. OAR 333-008-2070 indicates that a registrant must include the following statements on all advertising:
 
“Do not operate a vehicle or machinery under the influence of marijuana.”
 
“Keep marijuana out of the reach of children.”
 
Where can I find a list of registered dispensaries?
A list of dispensaries can be found on the OMMP website.

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DISPENSARY OPERATIONS

Are children allowed inside dispensaries?
No. Minors under 18 are not allowed inside any part of a dispensary where marijuana is present, even if they are patients.​​
 
Are there any age restrictions for employees of a dispensary?
Yes. A dispensary may employ an individual between the ages of 18 and 20 if the individual is an OMMP patient. Otherwise, employees must be 21 years of age or older.
 
Is onsite consumption of marijuana allowed at a dispensary?
No. Onsite consumption of marijuana is prohibited by 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 1, 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 OAR 333-008-1110(7) for more information.
 
How are transfers of usable marijuana or immature plants made to a dispensary?
Transfers of usable marijuana or immature plants may only be authorized by a registered OMMP patient using the Medical Marijuana Transfer Authorization form. 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.
Who gets the original Transfer Authorization form and who should keep a copy?
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; if the caregiver or grower is authorized to transfer, the caregiver or grower should also keep a copy.
 
Does the Transfer Authorization form ever expire?
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.
 
What must a PRD do when accepting usable marijuana or immature plants?
A PRD must ensure he or she has a valid Transfer Authorization 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.
 
Are dispensaries allowed to pay growers for medical marijuana?
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.
 
If I have a registered dispensary, can I continue to receive transfers of cannabinoid products and concentrates from an unregistered processor?
Yes, until October 1, 2016. After this date, these types of marijuana items must come from an OHA-registered medical marijuana processor.
 
If I have a registered dispensary, can I still accept the transfer of extracts from an unregistered processor or from an OMMP patient, caregiver or grower?
No. Under HB 4014, passed in the 2016 Legislative session, the unlicensed processing of extracts is illegal.
However, a medical marijuana processing site that has submitted a complete application for registration with OHA is exempt from criminal liability pursuant to ORS 475B.475. A list of processing sites that have submitted a complete application may be found on the OMMP Pending Processor Application page.
 
Starting October 1, 2016, a dispensary may only accept transfers of marijuana products from a registered processor. Processors with a pending application or having been previously listed on the OMMP website as having submitted a complete application will not be able to transfer products to a dispensary on and after October 1, 2016 unless they are fully registered with OMMP.
 
How much may a dispensary charge for medical marijuana?
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 OMMP on request. Please refer to OAR 333-008-1200 for specifics.
 
Are there any reporting requirements for a dispensary?
Yes. A dispensary must report information on early retail sales quarterly. Visit the Early Retail Sales Reporting page for details.
 
Dispensaries are also required to report monthly, their medical marijuana sales. Visit the Reporting Requirements page for more information.
 
Is there a limit on how much a dispensary can sell to an OMMP patient or caregiver?
Yes. A dispensary may not transfer at any one time to a patient or caregiver, within one day, more than:
 
  • 24 ounces of usable 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 whether sold alone or contained in an inhalant delivery system;
  • Five grams of a cannabinoid extract whether sold alone or contained in an inhalant delivery system;
  • Four immature marijuana plants; and
  • 50 seeds.

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EARLY RECREATIONAL MARIJUANA SALES

Why are medical marijuana dispensaries selling recreational marijuana?
Senate Bill 460, passed in the 2015 Legislative session, 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 photo identification until December 31, 2016.
 
Do medical marijuana dispensaries have to inform the OMMP they are planning to sell recreational marijuana?
Yes. In order to conduct early retail sales, medical marijuana dispensaries must notify the OMMP five days before starting retail sales. They must complete and sign the Early Retail Sales Notification form that indicates they have reviewed the rules and understand that failure to comply may result in action being taken against them.
 
Can any registered dispensary in Oregon sell recreational marijuana?
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 more information and a list of cities and counties that have opted out, visit the Local Government Option page.
 
Who can purchase recreational marijuana products?
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.
 
What can retail customers purchase from a dispensary?
Retail customers can purchase one quarter ounce of dried leaves and flowers, one low dose edible of up to 15 mg THC in a package, one prefilled receptacle of an extract of up to 1000 mg THC or topicals, in one day. A medical marijuana dispensary may only sell four immature marijuana plants to the same individual until December 31, 2016.
 
Are dispensaries required to record the names of those purchasing recreational marijuana?
No. A dispensary is not required to document the names of retail customers who purchase 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 what is allowed.
 
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.
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?
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.
 
Is there a tax on recreational marijuana sold by dispensaries?
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 photo identification.
 
How much marijuana can be transferred from a dispensary to a patient or designated primary caregiver?
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.
 
Are dispensaries still required to collect information about medical marijuana cardholders?
Yes. Dispensaries must record:
 
  • A copy of the patient’s or caregiver’s OMMP identification card;
  • A copy of the person’s government-issued 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.
Are there any reporting requirements for selling limited marijuana retail products?
Yes. A dispensary must report information on early retail sales quarterly. Visit the Early Retail Sales Reporting page for details.
 
Dispensaries are also required to report monthly, their medical marijuana sales. Visit the Reporting Requirements page for more information.
 
What is the Oregon Health Authority doing to ensure there is enough medical marijuana available for OMMP cardholders now that recreational sales have begun?
OHA does not have the authority to ensure there is an ample supply of medical marijuana being provided by dispensaries.
 
What signage must dispensaries display?
All required signage and information on posting requirements is available on the Dispensary Forms and Signs page.
 
What are the penalties for dispensaries found to be violating rules for early retail sales?
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.
 
Where can I find more information on legal use of recreational marijuana in Oregon?
Visit WhatsLegalOregon.com to learn what's legal and what's not.
 
Is there a cutoff date when medical marijuana dispensaries must stop early retail sales?
Yes. December 31, 2016 is the last day that registered medical marijuana dispensaries may sell to retail customers. Starting January 1, 2017, medical marijuana dispensaries may only sell to OMMP patients and caregivers.
 
How will recreational marijuana sales be regulated after December 31, 2016?
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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