This page contains links and documents about laws and current or past legislation concerning cannabis and the cannabis industry.


Feb 25, 2018

Updated Oregon Revised Statues, Renumbered ORS 475B and modified chapter 333

 

OLCC is now 475B.005 to 475B.778. The medical program is now ORS 475B.785 to 475B.968.  

New OLCC & OHA administrative rules references with links below:

For OLCC, OAR 845-025, edits version here highlights changes:     http://www.oregon.gov/olcc/marijuana/Documents/Rules/Division_25_2017_BillTechnicalPackage_proposedamendments.pdf

Final version of 845-025 here:  https://secure.sos.state.or.us/oard/displayDivisionRules.action;JSESSIONID_OARD=IjvOj4Kb5HoZ99bYyJD6_AlWb1Ba21tlpzX9XjTNRKuEiDCO9Afd!2072817505?selectedDivision=3873

OLCC rules updates for the last 6 months listed here:                                 http://www.oregon.gov/olcc/marijuana/Pages/Recreational-Marijuana-Laws-and-Rules.aspx

The statute for registering as a patient now starts at ORS 475B.797, grow sites 475B.810, OHA reporting 475B.816, possession limits 475B.831, OLCC tracking 475B.895, local regulations 475B.928, Oregon Cannabis Commission 475B.952, authority of cities and counties 475B.968.

* Thanks to AT/Compassionate Oregon for the above sentence.

OHA changes occur in 333-007 labels and concentration limits and testing:  https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1222

OHA changes occur in 333-008 for general OMMP rules:   https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1223

 

OHA changes occur in 333-064 for lab accreditation:   https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1276

OHA overview of the new rules is here:  http://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/MEDICALMARIJUANAPROGRAM/Documents/bulletins/informational-bulletin-2017-11-new-rules-effective-january-1-2018.pdf

OHA growsite, dispensary and processor election form and tracking update here:

http://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/MEDICALMARIJUANAPROGRAM/Documents/bulletins/Information-Bulletin-2018-01-Non-Election-and-Tracking-Update.pdf

OHA Grower tracking and reporting compliance update here: 

http://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/MEDICALMARIJUANAPROGRAM/Documents/bulletins/Information-Bulletin-2018-02-Grower-Tracking-and-Reporting-Compliance.pdf

OMMP main page for other links here:

http://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/MEDICALMARIJUANAPROGRAM/Pages/index.aspx

Of course this is in place now, and we will have additional changes as SB 1544 and HB 4089 are expected to pass this legislative session.  In the case of both of these bills, they will become effective the date the Governor signs them.

Current version of 1544 here:   https://olis.leg.state.or.us/liz/2018R1/Downloads/ProposedAmendment/13023

Current version of 4089 here:  https://olis.leg.state.or.us/liz/2018R1/Downloads/MeasureDocument/HB4089/A-Engrossed

What this all means in short depends on who you are and what you're doing.  See as follows:

OMMP growers will be able to grow for 8 patients as a grower this year (instead of the former 4).  So all growsites staying with 5-8 patients will only have one METRC account per growsite if a single grower grows for all the patients on the site.

The definition of commercial is not linked to using METRC, so OMMP growers using METRC do not have to worry about being defined as commercial.  This is especially important when considering water rights and the ongoing situation in Josephine County.

We're back to two immature plants over 24" per mature plant as a ratio.  Rulemaking will determine the number of immature plants under 24" per mature plant for medical cardholders.  So one card = 6 plants mature, 12 plants immature over 24", and immature plants under 24" TBD.

Hemp growers will be able to enter CBD flower and concentrates into the OLCC lab, processing, and retail system, with equal testing and labeling standards.  Once processed for OLCC retail stores, their concentration will no longer be limited to .03%THC.

Concentrated marijuana and hemp products for human consumption are now equally protected and regarded as the same for personal possession and retail sales.

If you're pursuing an OLCC license and transferring material in to your new license from your OMMP registration you continue to be able to do so in 2018 under the current and new rules.

Patients and caregivers will have access to OLCC  licensed processors to make extracts.

No word yet on the proposed 20# transfers from medical growers to OLCC retailers being implemented.

SOMI is dead, and looks dead for 2019 as well due to new provisions in 1544.

Many less significant changes also occur in the language referenced above.  Requiring hemp products tested and distributed through OLCC stores to have packaging that conforms to existing marijuana labeling rules for example.  The most important changes are highlighted above.

Jeff Sessions rescinds Cole Memo!

Hello folks,

            The short answer to the question of what does US Attorney Jeff Sessions’ Memo mean is: DON”T PANIC.

Jeff Sessions’ Memo issued today did two things and more importantly, did not do a third.

First, it rescinded the Cole Memos that many people assumed offered them protection from Federal law enforcement. Sessions rescinded the Cole Memos stating that they were not necessary as the U.S. Attorneys for the various districts have always had discretion when pursuing prosecutions relating to marijuana crimes.

Second, the Session’s memo spelled out a few of the longstanding guidelines for Federal prosecutions. It stated that the “Department of Justice principles require federal prosecutors deciding which cases to prosecute to weigh all relevant considerations, including law enforcement priorities set by the attorney general, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of the particular crimes on the community.” The Sessions Memo closed by stating that everything in the Cole Memos were un-needed as they were already covered by over 40 years of well-established principles. 

The Cole Memos spelled out items U.S. Attorneys could use as guidance when pursuing marijuana crimes. This guidance was based on common sense such as not crossing state lines, selling to minors or committing violent crimes associated with marijuana. These will continue to be guidelines that the U.S. Attorney’s look at when deciding what cases to prosecute.

Third, the Memo did not give any specific direction to the U.S. Attorney’s i.e. it did not tell U.S. Attorneys to go and round up cannabis businesses. That may be the most important take away from this memo.

Oregon’s local U.S. Attorney, Billy Williams, also released a statement today. It stated that their office emphasis will be on “stemming the overproduction of marijuana and the diversion of marijuana out of state, dismantling criminal organizations and thwarting violent crime in our communities.” This is a reiteration of what our local U.S. Attorney has always stated.

The Rohrabacher-Farr/Blumenauer amendment prohibiting the Department of Justice from spending money on enforcing marijuana laws in medical marijuana states is still effective. While, this needs to be renewed at the end of January 2018, at this time, it looks as it will be.

It is my belief that the purpose of his Memo was to sow confusion and uncertainty in the industry, especially with California coming online. People licensed with the State of Oregon as a medical grower or OLCC license holder who are following all State laws and administrative rules should not have anything to worry about.

We recommend that people write their U.S. Representatives and Senators asking them to change Federal law to allow State legal marijuana businesses.

U.S. Senator Ron Wyden is here: https://www.wyden.senate.gov/contact

U.S. Senator Jeff Merkley is here https://www.merkley.senate.gov/contact

House representatives can be contacted through this site: https://www.govtrack.us/congress/members/OR#representatives

      As always, if you have specific questions regarding your business, please call to set an appointment.

Paul, Kristie, and Trevor

503-234-2694

541-787-0733

LoneyLawGroup.com

OAR 825-025 Recreational Marijuana Rules:  Bill & Technical Package (12/28/17)

The 2017 Oregon Legislature adopted several bills during the 2017 legislative session. In response, the Commission voted to initiate rulemaking at the July 2017 Commission meeting to amend Division 25 Recreational Marijuana rules. Specifically, House Bill 2198, Senate Bill 56, 1015 & 1057 each require significant changes to Division 25 of Chapter 845.

Further, the Commission has continued to learn lessons about the emerging recreational marijuana market. In response, staff has made technical amendments in response to market realities. This rulemaking package looks to adopt the legislative changes and the changes made by the Commission in response to lessons learned.

On December 18, 2017, the Oregon Liquor Control Commission voted to amend Division 25.

This package makes a large amount of changes to implement the aforementioned issues. However, please be advised that this package does not encompass all of Division 25 of Chapter 845 of the Oregon Administrative rules.

A PDF of the rule changes included in the Bill & Technical Package is available for download here.

The entirety of Division 25 can be found at:

https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=3873

 

 

The rule amendments are effective December 28, 2017. The Commission expects the revised rules will post to the Secretary of States website by January 1, 2018.

 

 

OLCC Laws and Rules

 

A graphical representation of the effectiveness of Joshephine County Regulation 2017-002


11/30/17 Common OLCC Regulation Violations to be enforced more strictly in 2018

The Oregon Liquor Control Commission ("Commission") has issued a reminder to licensees to comply with Commission rules as we enter the second year of recreational marijuana in Oregon. These reminders are based on common violations that the Commission has seen over the last year. Please be advised that the Commission will be stepping up its enforcement efforts and will be doing random inspections to ensure compliance with security and, for retailers, legal sales to customers. Please review the following to see some of the pitfalls that plagued licensees recently:

45 Day Harvest Packaging: 

Outdoor producers who’ve completed their 2017 fall harvest need to make sure they’ve segregated their harvest lots of dried flower to ensure compliance with OLCC Division 25 Rules 845-025-2080.  Each harvest lot needs to be packaged separately with a CTS (Metrc) User Identification Tag linked to each plant and recorded in CTS within 45 days of harvest. Outdoor producers should remember to as they approach the end of the 45 day harvest package window, they should repackage marijuana flower and record the weight in CTS to avoid compliance action. 

30 Day Video Backup:

The Commission will begin spot compliance checks on licensees, with a primary focus on security. Security surveillance failures, such as failing to include backup video from video surveillance systems, is a Category I violation, which may result in license revocation. All licensees are required to have off site (away from the licensed premises) back up recordings from their video surveillance system for a minimum of 30 days.  You can do this by uploading to the cloud or to a physical location away from the licensed premises.  OLCC Division 25 Rules 845-025-1450.

No Minors on the Licensed Premises:

In December, the Commission will begin Minor Decoy Operations at licensed marijuana retailers around the state. Make sure no minors, including a licensee’s own minor children, are on the licensed premises for any reason. OLCC Division 25 Rules 845-025-1230.

Daily Purchase Limit: 

The Commission will also check to make sure no retailers are selling more than the allowable daily limit to individual customers. There’s a daily limit to the amount of recreational marijuana that a retailer can sell to an individual customer.  OLCC Rules 845-025-2800.

Marijuana Worker Permit: 

In August 2017 the Commission temporarily allowed growers to hire employees who had submitted an application for a worker permit. After December 15, all employees must have approved worker permits if they are handling marijuana.  Refer to Compliance Education Bulletin CE2017-11

If you have any questions, please call or email our office. Remember, if you want advice specific to your situation, contact us and schedule an appointment.

Paul, Kristie, and Trevor

503-234-2694

541-787-0733

LoneyLawGroup.com

Update to 2017-003


Opinion on whether participation in METRC constitutes commercial activity by Peter Gendron.

 

The OLCC has issued new rules concerning trimmers and wholesalers ability to offer trimming and packaging services to licensed producers.  Please click the button to see a complete opinion.

 


OMMP Plant Limits

 


Draft Ordinance 2017-002

Draft of 2017-034