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Oregon releases draft rules for early recreational pot sales

Curious about how Oregon’s early start program will work?

The Oregon Health Authority this week released draft rules for the state’s early launch of recreational sales at medical marijuana dispensaries, a program that begins on October 1, 2015.

The full document is available here: MarijuanaRetailSales.pdf.

Below is the (edited for clarity) section specifically related to the early start program:

Limited Marijuana Retail Sales

Unless the city or county in which the dispensary operates has adopted an ordinance prohibiting the sale of limited marijuana retail product, and notwithstanding any provision that is in conflict, on or after October 1, 2015, a medical marijuana dispensary may sell limited marijuana retail product to an individual if the dispensary:

  • Five days prior to selling any limited marijuana retail product notifies the Authority, on a
    form prescribed by the Authority, that the dispensary intends to sell limited marijuana retail
    product.
  • Examines the photo identification of all individuals before entering the dispensary to ensure
    the individual is 21 years of age or older
  • Verifies at the time of sale that the individual is 21 years of age or older by examining the
    individual’s photographic identification
  • Sells no more than: One-quarter ounce of limited marijuana retail product in the form of dried leaves and
    flowers and Four units of limited marijuana retail product in the form of marijuana plants that are not
    flowering.
  • For each limited marijuana retail product sale, a dispensary must document: The limited marijuana retail product that was sold and the amount of dried leaves or flowers in metric units, amount of seeds or number of plants, as applicable; The birth date of the individual who bought the product; The sale price; and the date of sale.
  • A dispensary is not required to maintain a record of the name of the individual to whom a limited marijuana retail product was sold but the dispensary must have a system in place that is outlined in their policies and procedures for ensuring that an individual is not sold more than one-quarter once of dried leaves and flowers in a day.
  • Records of sale transactions and the documentation required in this rule shall be maintained.
  • A dispensary that chooses to sell limited marijuana retail product to individuals must: Post at the point of sale, the following posters prescribed by the Authority – A Pregnancy Warning Poster and a Poisoning Prevention Poster. Post at the point of sale a color copy of the “Educate Before You Recreate” flyer. Distribute to each individual at the time of sale, a Marijuana Information Card, prescribed by the Authority. Comply with all rules in the document.

On and after January 4, 2016 dispensaries must:

  • Collect a tax of 25 percent of the retail sales price of a limited marijuana retail product in the
    same manner that a marijuana retailer that holds a license under section 22, chapter 1, Oregon
    Laws 2015, collects the tax imposed under section 2, chapter 699, Oregon Laws 2015; and comply with all requirements in sections 1 through 13, chapter 699, Oregon Laws 2015, and any applicable administrative rules adopted by the Department of Revenue.
  • The Authority may, if it determines that a dispensary has violated the rules: Prohibit a dispensary from selling limited marijuana retail product; and take any action authorized under the rules.
  • A dispensary may not sell limited marijuana retail product to individuals if the dispensary is
    located in a city or county that has adopted an ordinance prohibiting such sales in accordance
    with section 3, chapter 784, Oregon Laws 2015.
  • A dispensary that has had its registration suspended may not sell limited marijuana retail product while the registration is suspended.

Cheers,
-SueVo

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