Or. Admin. Code § 333-008-1255

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-008-1255 - Medical Marijuana Dispensaries: Non-Profit Dispensaries

(1) A registered dispensary owned by a nonprofit corporation organized under ORS chapter 65, registered with the Secretary of State as a nonprofit organization, and registered with the Oregon Department of Justice as a charitable organization, if applicable, may receive by gift, devise or bequest:

(a) Usable marijuana, immature marijuana plants and seeds from patients, designated primary caregivers, PRMGs, persons who hold a producer license under ORS 475C.065 and persons who hold a research certificate under ORS 475C.289; and

(b) Medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts from persons responsible for marijuana processing sites, persons who hold a processor license under ORS 475C.085 and persons who hold a research certificate under ORS 475C.289.

(2) Prior to accepting a gift, devise, or bequest as described in section (1) of this rule a registered dispensary owned by a nonprofit corporation must:

(a) Provide the Authority with proof that the dispensary is owned by a nonprofit corporation organized under ORS chapter 65;

(b) Have written policies and procedures for providing free or discounted marijuana items to a patient with an annual income at or below the federal poverty guidelines or to such a patient's designated primary caregiver, that include but are not limited to:

(A) How the dispensary will determine a patient's eligibility for free or discounted marijuana items;

(B) Whether marijuana items will be provided free of charge or at a discounted price; and

(C) How the dispensary will determine who is eligible for free marijuana items and who is eligible for discounted marijuana items, as applicable.

(c) Post a sign at the entrance to the dispensary that reads: Nonprofit Dispensary - Free or Discounted Marijuana Items Available for Eligible OMMP Patients.

(d) Post a sign that can easily be seen at every point of sale that describes:

(A) The proof a patient or a patient's designated primary caregiver must provide to be eligible for free or discounted marijuana items; and

(B) What marijuana items are free or available at a discounted price to eligible patients.

(3) In addition to the record keeping requirements in OAR 333-008-1230, 333-008-1245, and 333-008-1247, a dispensary owned by a nonprofit corporation organized under ORS chapter 65 must specifically document:

(a) The receipt of a marijuana item that is a gift, devise or bequest; and

(b) The transfer of a marijuana item to a patient or a patient's designated primary caregiver free or at a discounted price because the patient has an annual income at or below the federal poverty level, and the proof of income provided to the dispensary by the patient or the patient's designated primary caregiver.

(4) A registered dispensary owned by a nonprofit corporation organized under ORS chapter 65 must provide to the Authority at the time a renewal application is submitted a report that shows:

(a) The amount or number of marijuana items, by type, received by gift, devise or bequest;

(b) The amount or number of marijuana items received by gift, devise or bequest by each registration, license, or certificate type;

(c) The amount or number of marijuana items transferred for free to eligible patients or designated primary caregivers in accordance with this rule; and

(d) The amount or number of marijuana items by type transferred at a discounted price to eligible patients or designated primary caregivers in accordance with this rule, broken down by the amount discounted.

(5) The report submitted by a dispensary under section (4) of this rule may not contain any individually identifiable information.

(6) Nothing in this rule prohibits a dispensary from providing free or discounted marijuana items to any patient or designated primary caregiver.

Or. Admin. Code § 333-008-1255

PH 33-2016, f. & cert. ef. 11/28/2016; PH 160-2018, minor correction filed 04/30/2018, effective 4/30/2018; PH 113-2022, minor correction filed 06/07/2022, effective 6/7/2022

Statutory/Other Authority: ORS 475C.850

Statutes/Other Implemented: ORS 475C.850