OMMPOS Blog - OHA

Packaging and Labeling for Marijuana Items

The audio recording from the Rules Advisory Committee Meeting on March 7, 2018 is now available on the OLCC's website: 

Audio - Part 1

Audio - Part 2

The first meeting of the Oregon Cannabis Commission will be held this Friday, December 8, 2017 from 1:00 PM to 3:00 PM. The meeting will be held in Portland. 

For more information or to sign up for e-mail updates specific to the Commission, please visit the new Cannabis Commission webpage at: healthoregon.org/cannabiscommission

The Oregon Cannabis Commission was established in the 2017 legislative session through House Bill 2198

The mission of the Commission is to provide advice to the Oregon Health Authority with respect to the administration of ORS475B.400 to 475B.525; and the Oregon Liquor Control Commission with respect to the administration of ORS475B.010 to 475B.395, as those statutes pertain to registry identification cardholders and primary caregivers.

The commission is tasked with determining:

• A possible framework for future governance of the Oregon Medical Marijuana program;
• Steps to address research on cannabis in areas of public health policy and public safety policy;
• Agronomic and horticultural best practices;
• Medical and pharmacopoeia best practices;
• A long-term plan to ensure cannabis will remain affordable to persons with debilitating medial conditions; and
• Monitor and study federal laws, regulations and policies regarding marijuana.

Subject: SB 1057 Decision and Tracking Requirement

During the 2017 Legislative Session, the Legislature passed SB 1057 which requires OMMP registered grow sites (except as exempted below), processors and dispensaries to decide to stay registered with OMMP or become licensed by OLCC. Registrants which remain registered with OMMP will be required to track the production, processing, and transfer of all marijuana items using the OLCC Cannabis Tracking System (CTS) and pay a new fee for using CTS.

Exemption: If you are a patient growing for yourself and there are no more than 12 mature plants and 24 immature plants at your grow site you are not required to track in CTS.

A notice of this new requirement and a form will be mailed August 30, 2017.

 Each registrant will be required to, no later than December 1, 2017, provide notice on a form prescribed by OMMP of their decision to:

• Remain registered with OMMP, use the CTS and pay an additional fee of approximately $480 (additional info on CTS will be available in early 2018); or
• Apply for a license with the OLCC. A complete application must be submitted to OLCC before January 1, 2018; or
• Indicate they are a patient growing for themselves and there are no more than 12 mature plants and 24 immature plants at the grow site. A grow site where a patient is growing for themselves and where there are not more than 12 mature and 24 immature plants is exempt from CTS tracking.

 If a registrant does not notify OMMP of their decision by December 1, 2017, the registration will not be renewed.

 If the registrant notifies OMMP with the decision to get licensed with OLCC but do not apply with OLCC by January 1, 2018, the registration will not be renewed.

Additional Grower Info
All growers at a grow site must collectively make the decision to remain registered with OMMP or move to OLCC and submit only one form to OMMP. Submitting more than one form for a grow site may result in registration not being renewed.

For more information visit: healthoregon.org/ommpcts

INFORMATION BULLETIN 2016-24 

August 12, 2016  

To:  Medical Marijuana Dispensaries, Processors, and Interested Parties 

From:   Oregon Medical Marijuana Program 

Subject:  Advertising Requirements and Restrictions  

The Oregon Medical Marijuana Program (OMMP) would like to inform all dispensaries, processors, growers and interested parties of advertising requirements and restrictions. These rules apply to all forms of advertising. Rules regarding advertising may be found under OAR 333-008-2070. http://www.healthoregon.org/ommprules  

All advertising by a registrant must include the following statements:

• Do not operate a vehicle or machinery under the influence of marijuana. 
• Keep marijuana out of the reach of children.  

 A registrant may not have advertising that:

•  Contains statements that are deceptive, false, or misleading. 
•  Contains any content that can reasonably be considered to target minors;
•  This includes but is not limited to using cartoon characters, toys, or similar images and items typically marketed towards minors in the advertisement. 
•  Specifically encourages the transportation of marijuana items across state lines. 
•  Assert that marijuana items are safe or safer for reasons including but not limited to because they are regulated by the Authority or have been tested by a certified laboratory. 
• Make claims that a marijuana item has curative or therapeutic effects unless the claim is supported by the totality of publicly available scientific evidence (including evidence from well-designed studies conducted in a manner consistent with generally recognized scientific procedures and principles) and for which there is significant scientific agreement among experts qualified by scientific training and experience to evaluate such claims; 
• This includes explicit or suggested claims related to a disease or condition. Examples are “relieves symptoms of depression” or “cures cancer”.
• Unsubstantiated health claims cannot be used as part of a company’s business name.  
•  Show consumption of marijuana items. 

A registrant may not make any deceptive, false, or misleading assertions or statements on any product, any sign, or any document provided to a patient, caregiver, or to an individual.  

If a registrant is found to be in violation of any of the advertising rules, OMMP will notify the registrant and specify a reasonable time period for the registrant to remove any sign, display or advertisement. If the sign, display or advertisement is not removed or an advertising issue continues, the registrant will be issued civil penalties of up to $500 a day or may have their registration suspended.

Source: https://content.govdelivery.com/attachments/ORDHS/2016/08/12/file_attachments/602345/Informational%2BBulletin%2B2016-24%2BAdvertising%2BRequirements%2Band%2BRestrictions.pdf

 The workshops will provide:

• An overview of the OLCC Recreational Marijuana Rules, including recent changes, and how the changes will affect existing packaging requirements
• A preview of new OHA Rules and possible implications for labeling requirements
• A step-by-step explanation of how to use the online application system
• Question and answer session  

Registration is required for the workshops: 

Eugene, Lane Community College, Center for Meeting and Learning, on Monday, July 11, 2016 from 1 to 4 p.m.   (Seating Available) 

Ashland, Southern Oregon University, Stevenson Union, Rogue River Room on Tuesday, July 12, 2016 from 9 a.m. to 12 p.m.   (Seating Available)

Bend, Riverhouse on the Deschutes Convention Center, on Thursday, July 14, 2016 from 9 a.m. to 12 p.m.   (Seating Available) 

Portland, OLCC Headquarters at 9079 SE McLoughlin Blvd. Portland, OR 97222 on Tuesday, July 19, 2016 at 9 a.m. & 1 p.m. sessions   (NO Seating Available)

Portland, OLCC Headquarters at 9079 SE McLoughlin Blvd. Portland, OR 97222 on Thursday, July 21, 2016 from 9 a.m. to 12 p.m.   (Seating Available)

Participants can register for the events here. 

An OLCC Marijuana Packaging and Labeling Guide can be downloaded from the OLCC Recreational Marijuana Packaging and Labeling website. 

Questions about packaging and labeling can be emailed to:  marijuana.packaging@oregon.gov 

Here are instructions for how to send the report  new report to the OHA: 

-          Login to OMMPOS

-          Click REPORTS

-          Under OHA Reports click OMMP Transfers Report

-          The Report opens

-          Save the report as an excel file by clicking the dropdown arrow next to the Save icon

-          Email the downloaded Excel file to OMMP.DispensaryReporting@dhsoha.state.or.us

That’s it!

As of June 2nd 2016 the OMMP Authority began issue receipts for patients who have completed their appliction process. This receipt has the same legal effectiveness as an OMMP card pursuant to Oregon Law 2016 Chapter 24 Section  9.

So when patients show up with receipts, don't turn them away! More info:

OMMP Transfers Report Due July 1st

Our new OMMP Transfer Report makes it easy to report your dispensary's transfer data to the OMMP. Just log in, click Reports and then click OMMP Transfers Report and you are done!

Try it today.

Effective June 2, 2016, registered medical marijuana dispensaries that are participating in early start retail sales may sell expanded limited marijuana retail products. The expansion of limited marijuana retail sales include: 

• Sale of one low-dose unit of a cannabinoid edible to a retail customer per day. A “lowdose cannabinoid edible” means a cannabinoid edible that has no more than 15 mg of THC in a unit.  
• A single low-dose unit of a cannabinoid edible may contain multiple edibles or a single edible so long as the total THC in the unit does not exceed 15 mg THC.  
• “Unit” means a package for sale. 
  
• Sale of one “prefilled receptacle of cannabinoid extract” to a retail customer per day that contains no more than 1,000 milligrams of THC.  
  
  
• "Prefilled receptacle of cannabinoid extract" means a single use cartridge prefilled with a cannabinoid extract by itself.
  
  
• The receptacle could be any container that is pre-filled before sale.  
• The receptacle may not be refillable. 
• The receptacle may not contain more than 1000 mg THC.  
• A cannabinoid product that is an extract with any kind of additional ingredient or cutting agent is by definition not an extract and may not be sold during early retail sales. Only the extract by itself can be sold during early retail sales.   
• Pursuant to ORS 475B.410(5), extracts are defined as a substance obtained by separating cannabinoids from marijuana by:  (a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; (b) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure.
  
  
• Sales of non-psychoactive medical cannabinoid topicals which contain no more than 6% of THC that does not affect the mind or mental process.  To determine 6% THC in a topical the cannabinoid results will first need to be determined as a concentration (i.e. mg/L or ug/g) and that number can be turned into a percentage with total product weight calculated with % moisture. This conversion will have to be made after using the acid derivative equation in OAR 333-064-0100. 
  
• Cannabinoid concentrates and cannabinoid products defined in ORS 475B.410 are not included in limited marijuana retail sales and may not be sold to retail consumers during the early start period.