Oregon cannabis industry proposes changes to rules and regulations

This note discusses the legislation proposed in the Oregon Legislation section this year. Specifically, Senate Bill 408Titled “Enforcement Reform”, it aims to amend the regulations related to recreational marijuana and the regulations promulgated and implemented by the Oregon Alcohol Control Commission (“OLCC”). The main supporters of SB 408 are Oregon Marijuana Retailers Association (Hereinafter referred to as “ORCA”) Oregon Cannabis Association The bill was initiated by FARMS Inc. Senator Prozansky.

Judging from the habitat where we represent cannabis producers, processors, retailers and wholesalers, SB 408 looks pretty good. The following are some of the changes suggested by SB 408.

Limit the time during which OLCC may delay processing applications or take other enforcement measures

Currently, ORS 475B.060 stipulates that after receiving a license application, OLCC shall not “unreasonably” delay processing, approve or reject the application, or issue a license if the application is approved. The regulation does not provide additional guidance on when the OLCC will delay processing. Therefore, what happened when the application was submitted (months and months) may be a mystery to the applicant. Sometimes delays occur because OLCC is dealing with a large backlog. However, sometimes OLCC will set a “reservation” right to the application for various reasons, which is usually unknown to the applicant.

SB 408 will revise ORS 475B.060 applicants by specifying that OLCC may delay processing, approve or reject applications. The new language will allow OLCC to “only” delay in three situations. First-if the applicant or the person named in the application already holds a license, and OLCC has issued a notice of its proposed cancellation or suspension. Second-if the applicant is seeking to obtain a license for the premises of the existing licensed business ownership, and OLCC has issued a notice that it intends to revoke or suspend the existing business license. Third-The information received by OLCC from law enforcement agencies shows that the applicant is or has been engaged in commercial activities in the illegal marijuana market.

Therefore, the idea here is a good idea because it should help OLCC and applicants understand when and why the application can be postponed.

OLCC is required to establish a timetable for violations and outline the content that violates the law

ORS 475B.256 explains when OLCC can revoke, suspend or restrict licenses. What often attracts the licensee’s attention is the “inclusive” clause in ORS 475B.256(b). The subsection says that if the OLCC finds that “the committee has other reasons to withdraw, suspend or restrict the license for reasons of public convenience or necessity, then OLCC can revoke, suspend or restrict the license.” This is A lot of discretion. SB 408 deleted this subsection.

SB 408 proposes many other positive changes to 475B.256. One of the requirements is for the OLCC to develop a timetable outlining the number and types of violations, and if implemented within two years, it will indicate ignorance of the law and inability to control houses. This will be a welcome change because it will allow OLCC to decide for itself and make it clear to OLCC what actions may or may not lead to revocation, suspension or restriction.

With the development of the cannabis industry, OLCC’s application and enforcement of its rules should become more and more clear-what kind of illegal behavior should be punished. The problem that licensees often encounter is uneven enforcement. In addition to whether there is an imbalance in law enforcement, what is not important at all is that the appearance of imbalance in law enforcement is also detrimental to OLCC, just as it is to the judicial department.Report like this These ones Don’t help. We welcome the changes to 475B.256, which provide OLCC and licensees with better processes and better clarity.

New rules that allow producers to transfer specific products

For a long time, growers have been restricted in transferring products. This creates a veritable market for wholesale licenses, where changes in wholesalers are not important.

SB 408 will make changes to benefit growers. It clearly stated that the grower is allowed to deliver or receive (i) the cannabinoid products, extracts and concentrates produced by the processor from the hemp of the grower, which do not contain the hemp of other growers, and (ii) the processor unprocessed The grower’s own hemp (that is, it can be returned to the grower), and (iii) the hemp between two growers with joint ownership.

Increase the possession limit from one ounce to two ounces

SB 408 will increase the limit on the possession of usable marijuana in public places from one ounce to two ounces. Needless to say.

Reducing plastic use in Oregon’s recreational cannabis industry

For “green” industries and states, Oregon’s hemp products must use a lot of plastic packaging. SB 408 will instruct OLCC to consider changing laws or regulations to reduce the use of plastic in the recreational cannabis industry and report on its findings.

I encourage readers to click the link above and read the bill for themselves, as this article only discusses some of the changes suggested by SB 408. I believe people in the industry generally support SB408. If you have the same idea, please contact yours. State representatives and told them to enact SB 408.

For more information about OLCC, the latest changes and other regulations, see:

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