Beginning on October 1st registered medical marijuana dispensaries in Oregon will be able to sell limited marijuana products (seeds, dried leaves and flowers, and immature marijuana plants) to the general public. These products will only be allowed to be sold to people at least 21 years of age after their government issued ID has been verified. Medical marijuana dispensaries must notify the Medical Marijuana Dispensary Program at least 5 or more days in advance before beginning retail sales in order to sell limited recreational marijuana products. Additionally dispensaries must operate in accordance with OAR 333-008-1000 through OAR 333-008-1502; OAR 333-008-1500 to -1502 and a form to notify the Medical Marijuana Dispensary Program of intent to sell were released on September 24, 2015 at mmj.oregon.gov.
However if a dispensary is located in a city or county that has passed an ordinance prohibiting retail sales of marijuana or early retail sales the dispensary will not be eligible to participate in early sales. You can find a list of cities and counties that have opted out at mmj.oregon.gov. The use of delivery or courier services will also not be allowed. If your dispensary need to change it’s floorplan to accommodate retail sales, per OAR 333-008-1080, you are required to notify the Authority within 10 calendar days of any changes.
The final rules regarding early sales, including the notification form, and information on where to download the required posters were released on September 24 as well. You should have received an email notification when that information is available.
New General Requirements
Only a quarter ounce of dried leaves and flower may be purchased by a retail customer in a single day. There is no limit on the number or amount of seeds that can be sold to a customer.
A medical marijuana dispensary can only sell 4 immature marijuana plants to the same person between October 1, 2015 and December 31, 2016.
Concentrates, extracts, edibles, topicals, and other marijuana products may only be sold to OMMP patients and caregivers.
Free giveaways, samples or giving or sharing marijuana products other than the limited marijuana products mentioned above (concentrates, extracts, edibles, topicals, or other marijuana products) to retail customers is a not allowed inside or outside of the dispensary.
Each retail customer’s valid government issued ID must be checked to ensure that the person is 21 or older before entry into the dispensary and before a purchase is made.
Requirements for Documentation of Transactions
A dispensary is not required to document the name of the customer to whom a limited marijuana product was sold.
A dispensary must develop a written policy that specifically outlines the steps it will take to ensure that no no more than the allowed amount of retail marijuana product is sold to one person in a single day.
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 person who bought the product.
The sale price.
Required Signage and Information to be Distributed
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 that can be downloaded at www.healthoregon.org/marijuana on or before September 24, 2015.
A color copy of the “Educate Before You Recreate” flyer measuring 22 inches high by 17 inches wide that can be downloaded at whatslegaloregon.com.
Violations and Enforcement
Any dispensary that is found to be violating any of the new early retail sales rules will be prohibited from continuing to sell limited retail marijuana products. In addition, a dispensary’s registration may be suspended or revoked.