Oregon’s early start recreational sales begin on Oct. 1, 2015. Here’s some information for consumers getting ready to participate, from Oregon.gov:
Frequently Asked Questions
An individual or entity should not rely on these FAQs to determine compliance with the Medical Marijuana Dispensary Program rules or Oregon Medical Marijuana Program rules. The questions and answers presented here do not constitute legal advice.
- Questions and answers about early sales of recreational marijuana
- Questions and answers about Measure 91 and legalized recreational marijuana
- General facts about medical marijuana dispensaries
- For Oregon Medical Marijuana Program Patients
Early Marijuana Sales
Q. What is happening on October 1, 2015?
A. Starting October 1, 2015, registered medical marijuana dispensaries may sell limited marijuana products (seeds, immature marijuana plants, and dried leaves and flowers).
Q. Who can purchase these marijuana products from a registered medical marijuana dispensary starting October 1, 2015?
A. Only individuals 21 years or older who prove their age with government-issued identification, verified by a dispensary employee, can purchase marijuana products from a dispensary.
Q. Will medical marijuana cardholders still be able to purchase marijuana from a dispensary after October 1, 2015?
A. Yes. Oregon Medical Marijuana Program cardholders (patients and designated primary caregivers) will still be able to receive marijuana from a dispensary participating in retail marijuana sales. Individuals requesting marijuana must present their OMMP cards and picture identification showing they are 18 years or older.
Q. Do medical marijuana dispensaries have to inform the Medical Marijuana Dispensary Program they are planning to conduct retail marijuana sales?
A. Yes. In order to sell limited retail marijuana products, medical marijuana dispensaries must notify the Medical Marijuana Dispensary Program five days before starting retail sales. They must complete and sign a form that indicates they have reviewed the new rules and understand that failure to comply may result in action being taken against them. They also will have the option to waive confidentiality and allow the dispensary name, location and whether it is selling retail marijuana to be posted on the OHA website. The form will be available by September 24, 2015, on the Medical Marijuana Dispensary Program website,mmj.oregon.gov.
Q. Can any registered dispensary in Oregon conduct retail marijuana sales?
A. 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 marijuana products. For a list of cities and counties that have opted out, please see the program’s website: mmj.oregon.gov.
Q. How much marijuana can retail customers purchase from a dispensary?
A. Only one quarter ounce of dried leaves and flowers may be purchased by a retail customer in one day. There is no limit on the number or amount of seeds that can be sold. A medical marijuana dispensary may only sell four immature marijuana plants to the same individual between October 1, 2015 and December 31, 2016.
Q. Can retail customers purchase other marijuana products from dispensaries?
A. No. Concentrates, extracts, edibles, topicals and other marijuana products may only be sold to OMMP patients and caregivers.
Q. May a dispensary provide free samples or give away marijuana products such as concentrates, extracts, edibles or topicals to retail customers?
A. No. Dispensaries cannot give away, provide free samples or otherwise give or share any marijuana products, including concentrates, extracts, edibles and topicals to retail customers, inside or outside of the dispensary.
Q. Is there a tax on retail marijuana sold by dispensaries?
A. Not yet. But beginning January 4, 2016, a dispensary must collect a tax of 25% on all limited retail marijuana product sales per rules adopted by the Department of Revenue.
Q. Are dispensaries allowed to advertise, market or promote the prices of their products?
A. There is nothing in the rules for early retail marijuana sales by dispensaries that relates to advertising, marketing or pricing. However, marijuana retailers must comply with Oregon’s Unlawful Trade Practices Act, which prohibits deceptive marketing and promotion of consumer products.
Dispensaries should take steps to prevent promoting products in a manner that is directed at children and adolescents.
Q. What is the Oregon Health Authority doing to ensure there is enough medical marijuana available for OMMP cardholders when retail sales begin?
A. OHA does not have the authority to ensure there is an ample supply of medical marijuana being provided by dispensaries.
Q. Are dispensaries required to record the names of those purchasing retail marijuana?
A. No. A dispensary is not required to document the name of the retail customer to whom a limited marijuana product was sold. However, the transaction must be captured in the Point of Sale system and include the following:
- The type of marijuana product sold
- The amount of marijuana product sold
- The birth date of the individual who bought the product
- The sale price
- The date of the sale
A dispensary must develop a written policy that outlines the steps it will take to ensure that no more than the allowed amount of retail marijuana product is sold to one person in a day.
Q. Are dispensaries still required to collect information about medical marijuana cardholders?
A. Yes. Nothing has changed in the law as it relates to medical marijuana cardholders. Dispensaries must still record:
- The name, OMMP card number and expiration date of the card of each OMMP cardholder
- A copy of the person’s picture identification
- The amount of usable marijuana transferred in metric units, if applicable
- The number of immature plants transferred, if applicable
- The amount of a finished product transferred in metric units, or units of the finished product, if applicable
- A description of what was transferred
- The date of the transfer
- The amount of money paid by a patient or a designated primary caregiver.
Q. What signage must dispensaries display at their sites?
A. A registered dispensary must post the applicable signs, in bold, 80 point Times New Roman font and affixed to the exterior of the dispensary in a conspicuous location that can be easily seen by the public from outside the dispensary at any point of public entry.
If a dispensary is only transferring marijuana and immature plants to OMMP patients and caregivers, the dispensary must post a sign that reads: “Medical Marijuana Patients Only”.
If a dispensary has properly notified the Authority that it intends to sell limited marijuana retail products, the dispensary must post signs that read: “Medical Marijuana Patients and Persons 21 and Older Permitted” and “NO PERSON UNDER 21 PERMITTED ON THE PREMISES WITHOUT AN OMMP CARD”.
A registered dispensary that has properly notified the Authority that it intends to sell limited marijuana retail products must also:
Post at the point of sale:
- The Pregnancy Warning and Poisoning Prevention posters measuring 22 inches high by 17 inches wide created by the Authority that can be downloaded at www.healthoregon.org/marijuana on or before September 24, 2015
- A color copy of the “Educate Before You Recreate” flier measuring 22 inches high by 17 inches wide that can be downloaded at whatslegaloregon.com.
Distribute to each individual at the time of sale a Marijuana Information Card, prescribed by the Authority, measuring 3.5 inches high by 5 inches long that can be downloaded at www.healthoregon.org/marijuana on or before September 24, 2015.
Q. What are the penalties for dispensaries found to be violating rules for new early retail marijuana sales?
A. Any dispensary that violates any of the new early retail sales rules will be prohibited from continuing to sell limited retail marijuana products to individuals. In addition, a dispensary’s registration may be suspended or revoked.
Medical marijuana dispensaries will not be able to sell limited retail marijuana products after December 31, 2016.
Q. Where can I get more information?
A. If you have any questions or comments, please contact the Medical Marijuana Dispensary Program at 855-244-9580 or firstname.lastname@example.org.
Questions and answers about Measure 91 and legalization of recreational marijuana on July 1, 2015
Q. How much marijuana can I possess under Measure 91?
A. As of July 1, 2015, if you are 21 or older, your household can have up to:
- 4 marijuana plants
- 8 ounces of usable marijuana
- 16 ounces of homemade marijuana products in solid form
- 72 ounces of homemade marijuana products in liquid form
Q. When will Measure 91 go into effect?
A. The home grow and personal possession provisions of the measure start on July 1, 2015.
Q. What impact does Measure 91 have on the current Medical Marijuana Program?
A. None. Measure 91 states that the “Act may not be construed … to amend or affect in any way the Oregon Medical Marijuana Act.”
Q. Can medical dispensaries sell to the public starting July 1?
A. No, there is no provision in Measure 91 for medical dispensaries to sell marijuana to the general public. Only persons registered with the Oregon Medical Marijuana Program (OMMP) as patients or caregivers are allowed to enter a dispensary and purchase marijuana.
Q. How much marijuana can a person possess if they are an OMMP cardholder?
A. An OMMP patient, caregiver, or grower may possess up to 24 ounces of usable marijuana, six mature marijuana plants, and 18 seedlings or starts.
Q. How does someone obtain marijuana if they are not a cardholder?
A. Beginning July 1, 2015, certain amounts of usable marijuana and marijuana products may be shared for non-commercial purposes, which means you can’t get any financial consideration (you can’t get anything of value in return).
Q. Can medical dispensaries provide, sell, or dispense marijuana at an off-site event or to an off-site event?
A. No. All transfers of marijuana must be done on-site at the dispensary in accordance with dispensary rules, and transfers may only be to a registered OMMP patient or caregiver.
Q. Can a medical marijuana dispensary hold an event where vendors transfer marijuana to members of the public if they are 21 or older?
A. No. Transfer of marijuana to a non-OMMP cardholder on dispensary property is not allowed.
Q. What is the definition of a public place?
A. Measure 91 defines a public place as “a place to which the general public has access and includes, but is not limited to, hallways, lobbies, and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.”
Q. Where can I apply for a license to grow, process, or sell marijuana for recreational use?
A. Measure 91 requires the Oregon Liquor Control Commission to begin accepting license applications for the production and sale of recreational marijuana by January 4, 2016. Learn more at http://www.oregon.gov/olcc
For more information regarding Measure 91 please go to www.whatslegaloregon.com
The Portland Mercury also has a nice Oregon Cannabis Guide here: http://etypeservices.com/SWF/LocalUser/Portland1//Magazine99589/Full/index.aspx?II=99589