On Monday, March 3, 2014 at
8:30 a.m., the Oregon Health Authority will begin accepting applications
from individuals who wish to register and operate a medical marijuana
dispensary in Oregon. Please check this page regularly for updates or sign up to receive updates by e-mail
Update:
Final temporary rules posted
The final temporary rules governing medical
marijuana dispensaries in Oregon have now been posted. These are the rules that
will be in place when the program begins accepting applications at 8:30 a.m. on March 3, 2014.
If you are planning to file an application, you should read the rules to get an
understanding of what will be required to register and operate a dispensary.
>>
Download the final draft of the rules (.PDF)
See below for older drafts of the rules and
information about the rulemaking process. Also -
Preview the application
Download a sample copy of the registry application
- DO NOT
submit this sample application. Applications will only be accepted through the
online system that will be live at > mmj.oregon.gov <
beginning at 8:30 a.m. on March 3, 2014.
Background check
information
View instructions and required forms for background.
Medical
Marijuana Dispensary Rules
The rules implementing Oregon's medical
marijuana dispensary law are intended to ensure safe access to medical
marijuana for patients registered through the > Oregon Medical Marijuana Program < while keeping our communities safe. The rules
were developed through a public process that included more than 17 hours of
public meetings and testimony before a rules advisory committee that included
members representing law enforcement, medical marijuana advocacy and
legislators. There will be additional opportunities to comment on the final
draft of the temporary rules before they are made permanent. Check this page or
sign up for e-mail updates below for more information.
Key provisions in the
rules -
No person convicted of
the manufacture or delivery of a Schedule I or II substance in the past five
years will be allowed to register a dispensary.
Persons with more than
one conviction are permanently banned from operating dispensaries
No dispensary may open
or operate within 1,000 feet of a primary or secondary school
No dispensary may open
or operate within 1,000 feet of another dispensary. Applications for
competing locations will be processed on a first-come, first-served basis
Dispensaries must be
located only in areas zoned commercial, industrial or agriculture. See
note below regarding other restrictions from local government entities
All medical marijuana
distributed through dispensaries must be tested for pesticides, mold and
mildew, and may not be distributed if contaminants are found
There must be a strong
security system in place
All product brought
into and dispensed from the facility must be accounted for
The Oregon Health
Authority will visit and inspect each dispensary and audit its financial
records at least once a year
Oregon
School Locator Map
The Oregon Health Authority is developing a
GIS-based map that sites primary and secondary schools across the state and
shows the 1,000 foot boundary from the edge of the school property
that dispensaries must avoid in order to comply with Oregon law. >>
Visit the Oregon School Locator Map
Please note: The map is intended
to assist people who wish to site locations for dispensaries; however, it
is only a general guide that offers the best information available to
the agency. Oregon Health Authority staff will make the final determination of
whether a proposed location meets the requirements of the law.
A note
about local government issues
Oregon law (HB 3460) requires the Oregon Health Authority
to develop and implement a process to register medical marijuana facilities,
which must be located on property zoned for commercial, industrial or
agriculture uses only. The issue of whether a local government believes a
certain type of business should operate within one of these zones is a local
government decision.
Whether a local government can legally
prohibit the operation of a medical marijuana facility within its jurisdiction
is a legal matter that may be resolved by the Legislature or the courts. The
Oregon Health Authority does not have the authority or the capability to tell
local governments what businesses they must allow within their jurisdictions.
What is the legal status of medical marijuana
dispensaries operating in Oregon today?
The sections of the law that created medical
marijuana dispensaries in Oregon (HB 3460) that authorize the Oregon Health
Authority to register medical marijuana facilities do not go into effect until March 3, 2014. A
person responsible for a registered marijuana facility is not excepted from the
criminal laws governing possession, delivery or production of marijuana as
specified in ORS 475.309 until March 3, 2014, and then only if the facility has
been registered by OHA.
Nothing in Oregon law protects dispensaries,
growers, caregivers or patients from federal prosecution.
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here for updates >>
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Other
questions?
Please send your questions to >> karynn.fish@state.or.us
History
of the medical marijuana dispensary law
On August 14, 2013, Governor Kitzhaber signed
House Bill 3460 into law, authorizing the Oregon Health Authority to establish
procedures to license and regulate medical marijuana dispensaries. Read > House Bill 3460
> Read Governor Kitzhaber's statement upon signing HB 3460
Rules
advisory committee
In the fall of 2013, the Oregon Health
Authority appointed a rules advisory committee to advise the agency as the
rules for medical marijuana dispensaries were drafted. The committee
represented a broad engagement of stakeholders and was chosen based on
recommendations submitted by the Oregon Medical Marijuana Program’s advisory
committee, Oregon law enforcement agencies, advocates representing patients and
dispensaries, legislators and others. See below for the schedule of meetings
and related materials< See the HB 3460 rules advisory committee roster
Visit the Oregon Medical Marijuana Program (OMMP)
SOURCE = Orergon Medical Marijuana Dispensary Program web page
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