October 1: How will Oregon medical marijuana processors be affected?

On and after October 1, 2016, ALL medical marijuana processors must be registered with the Oregon Health Authority (OHA) in order to sell processed marijuana items to a dispensary. This includes processors making concentrates, extracts, and edibles and other infused products. Many extractors have already initiated the registration process and are on the pending processors list. However, according to OHA rules, even these applicants must complete their registration – which includes an OHA readiness inspection – to continue selling their products on and after October 1, 2016.

Technically a processor on the pending processors list holds a provisional OHA license.  The hope is that OHA will continue the provisional license approach with respect to the October 1 deadline.  However, the OHA has not confirmed that it will in fact do so. Stay tuned to our blog for updates. If you are such a processor and have not begun the registration process, it would be prudent to do so as soon as possible.

In the meantime, processors and dispensaries should make plans regarding inventory. We have also summarized the application process below:

1. Create an account.
– Use https://ommpsystem.oregon.gov/ to create an account and submit an application.
– When you complete the online application, you will receive your MMPS number. Write this number on all forms and documentation that you send to the OHA.

2. Pay the registration fee.
– Use https://ommpsystem.oregon.gov/ to pay your registration fee.
– The full $4,000 registration fee is due at the time you file your application.
– If your application is denied, or returned as incomplete, you will be refunded the full amount minus a $500 application fee.

You then have 30 days from the date that OHA acknowledges receipt of your application to upload, or mail in, the following supporting documentation.

3. Upload your supporting documentation.
– Use https://ommpsystem.oregon.gov/ to upload all supporting documentation.
– You must submit the following:

• Proof that the business applicant is registered with Oregon’s Secretary of State, as well as registration for any assumed business name that will be used
• A site plan to scale
• A floor plan to scale
• Proof of lawful possession of the property to be licensed
• A description of the products to be processed, with a request for endorsements, on the OHA processor endorsement form
• An Individual History Form for each owner and Person Responsible (PRP)
• A copy of government-issued photo identification for each owner and PRP
• Extract processors must submit written proof from their local government that the proposed location is not located in a residential zone

4. Submit your background check documents.
– For each person listed on the application, complete and obtain the following:

• Background Check Request Form
• Original Fingerprint card or Request for Electronic Transmission Form

Mail both items to the following address:
PO Box 14870
Salem, OR 97309-5066
DHS/OHA Background Check Unit.

– Submit payment for your background check(s).  Issue a $35 check or money order, payable to the “Oregon Health Authority,” for each individual listed on the application.

Mail each check or money order to the following address:
PO Box 14116
Portland, OR 97293-0116
OMMP Dispensary and Processor Unit

The OHA reviews applications for completeness once per week, in the order they are received. Once your application is deemed “complete,” the OHA will list your processing site on the Pending Processor Applications page. Once the OHA determines that you meet the initial application criteria, it will require you to submit a Notification of Processing Site Readiness form within 60 days. Finally, OHA staff will perform an inspection of your premises, and if the results are satisfactory, it will issue you a processing site registration certificate.

Please contact one of our compliance attorneys if you would like assistance with this process.