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These marijuana plants were being grown at High Hopes Farm near Ruch, Ore., in the summer of 2012.

(Beth Nakamura/The Oregonian)

The Oregon Health Authority on Monday begins registering medical marijuana facilities. Here's a Q&A about the Medical Marijuana Dispensary Program.

Q: Who can buy medical marijuana from a dispensary?

A: By law, only patients or their caregivers registered with the Oregon Medical Marijuana Program can purchase cannabis from a dispensary. Customers must show a valid medical marijuana card and identification before they are allowed to enter the dispensing area.

Q: How much marijuana can medical marijuana facilities have on site?

A: There's no cap on how much cannabis a medical marijuana facility can keep on hand.

Q: Is the person who transports medical marijuana to a facility protected under the dispensary law?

A: No. Under Oregon's medical marijuana law, only cardholders – patients, caregivers and growers – are legally permitted to possess marijuana. Cardholders transporting cannabis to a dispensary are subject to limits spelled out under the state's medical marijuana program.

Under that law, patients can possess up to 24 ounces; caregivers can possess up to 24 ounces for every patient under their care (state law does not limit how many patients a caregiver can care for). Growers can produce marijuana for four patients and can possess up to 24 ounces for each patient.

Q: Do medical marijuana facility operators and the employees have to be registered with the state as medical marijuana patients, caregivers or growers?

A: No. Employees and the person registering the facility have legal protection while they are in the facility even if they do not have medical marijuana cards.

Q: How much can dispensaries charge for medical marijuana?

A: By law, they are allowed to seek reimbursement for the "normal and customary costs of doing business," and are required to document those costs. That information must be made available to state regulators upon request.

Q: How much can dispensaries pay growers for marijuana?

A: Like dispensaries, growers are allowed to recoup "normal and customary costs of doing business," which include transferring, handling, securing, insuring, testing, packaging and processing cannabis, as well as the costs of supplies, utilities and rent or mortgage.

Q: Can dispensaries sell marijuana plants?

A: Medical marijuana facilities may sell immature plants. The state doesn't set a limit on how many immature plants a dispensary can have on site. However, marijuana plants larger than 12 inches or with flowers aren't allowed.

Q: What happens if a dispensary has mature plants on site?

Tom Burns

A: The state will consider it a grow site and will consider issuing civil sanctions, which can include revocation of the dispensary's registration. Grow sites and dispensaries cannot share a location.

"One of the things we are going to do is be very, very tight around grow sites," said Tom Burns, the Oregon Health Authority official who oversees the dispensary program.

Q: I am interested in registering a medical marijuana dispensary. Can I personally deliver my application and supporting materials?

A: No. You must apply and submit credit card payment online. (The application fee is $4,000; $3,500 is refundable if the application is rejected or is withdrawn.) The state-mandated background check for the person registering the facility, proof of Oregon residency, security and floor plan details, as well as proof that your location is within an agricultural, industrial zone must be mailed to the state within five business days of submitting your online application. The address: Oregon Medical Marijuana Dispensary Program, Oregon Health Authority, P.O. Box 14116, Portland, OR 97293.

Q: Can patients smoke marijuana at a medical marijuana facility?

A: No. Employees who are patients with the medical marijuana program may use marijuana on site, but they have to consume it behind closed doors, out of view of customers.

Q: I'd like to open a medical marijuana facility in a city that is considering banning the establishments. Can I go through with my application?

A: The Oregon Health Authority's medical marijuana dispensary program will issue licenses to outlets that meet the requirements of the law, often referred to as House Bill 3460. However, it's up to the dispensary operator to make sure they meet local business regulations and requirements.

"We will issue a registration to anybody who meets the requirements of 3460," said Burns. "Whether that registration does you any good at the address you have designated is between you and the city or the county you are functioning in. We will not participate in that debate."

Q: Can a medical marijuana facility offer a delivery service for patients?

A: No. The dispensary law doesn't include provisions for delivering marijuana to patients. But caregivers may pick up marijuana from a dispensary and deliver it to their patients.

Q: What if I want to open a dispensary, but don't want to invest in the security and other requirements until I have state approval for the location?

A: The state may issue a "provisional registration" for medical marijuana facility operators who don't want to invest in state-mandated security systems and other building requirements until they have approval. Once approved, the person registering for the dispensary has 60 days to complete the required work on the site.

Q: What if a dispensary continues to operate without registering with the state?

A: Burns said the state will alert local law enforcement and/or seek civil penalties if they learn of unregistered dispensaries.

Q: When will the state begin inspecting dispensaries?

A: Burns said state officials first will review and approve dispensary applications, then will move onto conducting unannounced inspections. He estimated that inspections will begin this spring.

Q: Are businesses that produce marijuana-infused products or conduct state-mandated lab testing of medical marijuana required to register with the dispensary program?

A: No. Labs and the production of marijuana-infused goods fall outside of the dispensary law. They are not subject to inspections or oversight by the state.

-- Noelle Crombie