333-008-1230
Transfers to a Registered Facility
(1) A patient may authorize usable marijuana or immature marijuana plants to be transferred to a
registered facility by signing an Authorization to Transfer form prescribed by the Authority. A
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Jan. 15, 2014
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patient may authorize transfers to more than one registered facility. A separate form must be
provided for each registered facility. The Authorization must include, but is not limited to, the
following information:
(a) The patient’s name, OMMP card number and expiration date and contact information;
(b) The name and contact information of the individual who is authorized to transfer the usable
marijuana or immature marijuana plants to the registered facility and that individual’s OMMP
card number and expiration date;
(c) The name and address of the registered facility that is authorized to receive the usable
marijuana or immature marijuana plants; and
(d) The date the authorization expires, if earlier than the expiration date of the patient’s OMMP
card.
(2) Only a patient, the patient’s designated primary caregiver, or the patient’s grower may be
authorized to transfer usable marijuana or immature plants to a registered facility.
(3) The original Authorization to Transfer form must be provided to the registered facility to
which a transfer may be made by the patient or person authorized to transfer the usable
marijuana or immature plants. The patient should retain a copy of the Authorization to Transfer
form for his or her records and provide a copy to the person authorized to transfer the usable
marijuana or immature plants.
(4) An Authorization to Transfer form automatically expires on the date the patient’s OMMP
card expires, unless the patient has specified an earlier expiration date. If the patient renews his
or her OMMP card the patient may execute a new Authorization to Transfer form in accordance
with this rule.
(5) Once usable marijuana or an immature plant is transferred to a registered facility pursuant to
a valid Authorization to Transfer form, the usable marijuana or immature plant is no longer the
property of the patient unless the usable marijuana or immature plants are returned by the
registered facility.
(6) Prior to a registered facility accepting a transfer of usable marijuana or immature plants the
PRF must ensure that:
(a) It has a valid Authorization to Transfer form on file that authorizes the individual that is
transferring the usable marijuana or immature plants to make the transfer; and
(b) The individual transferring the usable marijuana or immature plants is the individual
authorized to make the transfer.
(7) A PRF must ensure that when a registered facility accepts a transfer of usable marijuana or an
immature plant the batch of usable marijuana and each immature plant are segregated in
accordance with the testing rule, OAR 333-008-1190 and that the following information is
documented, as applicable:
(a) The unique identifier;
(b) The weight in metric units of all usable marijuana received by the registered facility;
(c) The number of immature plants received by the registered facility;
(d) The amount of a finished product received by the registered facility, including, as applicable,
the weight in metric units, or the number of units of a finished product;
(e) A description of the form the usable marijuana was in when it was received, for example, oil
or an edible product;
(f) Who transferred the usable marijuana or the immature plant, the individual’s OMMP card
number and expiration date of the card, a copy of the individual’s picture identification, the date
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Jan. 15, 2014
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the usable marijuana or an immature plant was received, and the name of the patient who
authorized the transfer; and
(g) The amount of reimbursement paid by the registered facility.
(8) Nothing in these rules requires a PRF or a registered facility to accept a transfer of usable
marijuana or immature plants.
(9) A PRF must ensure that:
(a) From the time that a batch or plant has been received by the registered facility until it is tested
in accordance with these rules, the usable marijuana and immature plants are segregated,
withheld from use, and kept in a secure location so as to prevent the marijuana or plants from
becoming contaminated or losing efficacy, or from being tampered with or transferred except
that samples may be removed for testing; and
(b) No usable marijuana or immature plants are transferred to a patient or designated primary
caregiver until testing has been completed, the registered facility has received a written testing
report, and the usable marijuana and immature plants have tested negative for pesticides, mold
and mildew.
(10) Usable marijuana and immature plants must be kept on-site at the facility. The Authority
may cite a PRF for a violation of these rules if during an inspection it cannot account for its
inventory or if the amount of usable marijuana at the registered facility is not within five percent
of the documented inventory.
Stat. Auth.: ORS 475.314, 475.338
Stats. Implemented: ORS 475.314
333-008-1240
Transfers to a Patient or Designated Primary Caregiver
(1) Prior to a registered facility transferring usable marijuana or an immature plant to a patient or
a designated primary caregiver the PRF must ensure that:
(a) The usable marijuana or an immature plant has not tested positive for mold, mildew or
pesticides as specified in OAR 333-008-1190; and
(b) The identity and cardholder status of the person requesting usable marijuana or an immature
plant is verified by viewing the person’s OMMP card and picture identification and making sure
the two match.
(2) The PRF must ensure that for each transfer of usable marijuana or an immature plant to a
patient or a designated primary caregiver the following information is documented:
(a) The name, OMMP card number and expiration date of the card of each person to whom the
registered facility transfers usable marijuana or an immature plant;
(b) A copy of the person’s picture identification;
(c) The amount of usable marijuana transferred in metric units, if applicable;
(d) The number of immature plants transferred, if applicable;
(e) The amount of a finished product transferred in metric units, or units of the finished product,
if applicable;
(f) A description of what was transferred;
(g) The date of the transfer; and
(h) The amount of money paid by a patient or a designated primary caregiver to a registered
facility for the transfer of usable marijuana or an immature plant.
(3) The PRF must ensure that a registered facility does not transfer at any one time more usable
marijuana or immature plants than a patient or designated primary caregiver is permitted to
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possess under ORS 475.320(1)(a). A PRF is not responsible for determining whether a patient or
designated primary caregiver is limited in the amount of usable marijuana he or she can possess
under ORS 475.320(1)(b).
Stat. Auth.: ORS 475.314, 475.338
Stats. Implemented: ORS 475.314
