• Pete Pontificates: On OLCC Rule Making
    The OLCC isn’t just in a rule making process, they’re in the mother of all rulemaking processes. This summer is The post Pete Pontificates: On OLCC Rule Making appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-27
  • Oklahoma Voters Approve Medical Marijuana Initiative in Landslide Election
    June 27, 2018 – Voters in Oklahoma overwhelmingly approved a medical marijuana initiative that was placed on their primary ballot The post Oklahoma Voters Approve Medical Marijuana Initiative in Landslide Election appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-27
  • An Activist’s Fight Against Cancer: June 26
    This is an ongoing column we will be posting from David Williams as he shares his point of view during The post An Activist’s Fight Against Cancer: June 26 appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-26
  • How Low Can They Go?
    Oregon Medical Marijuana Patient Numbers Plummet By Anthony Taylor Compassionate Oregon Since October of 2015, medical marijuana patient numbers have The post How Low Can They Go? appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-26
  • Indo Expo Returns to Portland August 4-5
    Once again the preeminent cannabis trade show will be in Portland the first week of August at the Portland Expo The post Indo Expo Returns to Portland August 4-5 appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-26
  • FDA Approves CBD Cannabis Drug Epidolex for Treating Epilepsy
    In a widely expected move, the United States Food and Drug Administration today announced their approval of Epidiolex, a drug The post FDA Approves CBD Cannabis Drug Epidolex for Treating Epilepsy appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-25
  • Oregon Cannabis: The Week that Was
    No shortage of cannabis news in Oregon. Here we are a few years into legalization of recreational cannabis sales in Oregon, and it’s never a dull moment. Over the past week or so, there were three significant developments around the state with respect to marijuana law and policy. We summarize each below.      1.     The OLCC hit “pause” on accepting license applications. A few weeks back, we covered the dramatic Oregon Liquor Control Commission (OLCC) announcement that it would “pause acceptance of marijuana applications” effective June 15th. The apparent goal was to ensure that our licensing paralegal, Meghan Saunders, would receive hundreds of urgent client emails and phone calls over a two-week period. And she definitely did. The official explanation, of course, is that the agency was simply too far behind to perform adequate services for existing applicants and licensees. That is the explanation OLCC Executive Director Steve Marks gave in the May 30th announcement, and it’s the explanation OLCC Policy Director Jesse Sweet gave at the seminar that he and I co-chaired on June 7th. All in all, it seems like a reasonable explanation. Fortunately, some of the pressure from the initial announcement was alleviated on June 8th, when OLCC clarified that it would consider an application to be timely received for deadline purposes, even if it did not include an approved Land Use Compatibility Statement (LUCS). The pause ultimately took effect last Friday as promised, but not before dozens of our clients submitted last ditch applications (with and without LUCS) and made their way into the forward moving queue. In all, OLCC reports that an astonishing 1,001 additional applications were received in the two week period between its big announcement and the June 15thdeadline. If you are looking for more evidence that people are extremely interested in being involved in the Oregon marijuana industry, the OLCC reports that as of yesterday morning a grand total of 1,915 active licenses currently exist in the state (over half of them producers), with another 766 applicants assigned to investigators, 530 ready for assignment and 1,070 businesses in line but without an approved LUCS. There are also 30,018 active marijuana worker permits statewide, with another 17,217 approved and awaiting payment. Despite intense competition and price instability, people keep on coming.      2.     Billy Williams went to court. Last month, we wrote about the Williams Memo, a policy document authored by Oregon U.S. Attorney Billy Williams regarding his concerns about overproduction of marijuana in Oregon and black market activity. We ... read more
    Source: Canna Law Blog – OregonPublished on 2018-06-20
  • Oregon OSHA and Your Cannabis Business
    The OSHA model. And a good look for cannabis business. So, what is Oregon OSHA (“OR OSHA”)? OR OSHA is the Oregon Occupational Safety and Health Act. This law requires employers to “furnish employment and a place of employment which are safe and healthful for employees.” In other words, employers are required to maintain safe workplaces. This means that employers are required to identify potential workplace hazards, prevent such hazards, and provide safety measures to employees to protect their health and safety, in all situations where hazards are inherent in the job or otherwise unavoidable. Does this law apply to cannabis employers? You bet. OR OSHA also identifies certain conditions as inherently hazardous or unsafe, and regulates the condition or practice by imposing employer requirements to mitigate the condition or practice (think fall protection when on a ladder). The kind of marijuana business you run will dictate what OR OSHA regulations are triggered. For example: marijuana producers are subject to the OSHA agricultural rules. These rules require employers to protect employees from things such as machine hazards, mold, electrical hazards, and heat exposure, among other things agricultural employees are subject to.  Marijuana processors must comply with special requirements for employees handling extraction chemicals. Retail operators must ensure employees are safe from slips, trips, and falls. Etc. In addition to protecting employees from hazards at work, OSHA imposes reporting requirements on employers. Employers must report to OR OSHA within eight hours epodes like the death of an employee or a catastrophe. A catastrophe is defined as two or more employees fatally injured or three or more employees admitted to a hospital or an equivalent medical facility. Employers must report to OR OSHA within 24 hour of any employee being hospitalized, losing an eye or an amputation, or avulsion that results in bone loss. In addition to these reporting requirements, employers with 10 or more employees must record their injuries and illnesses that are a result of the work environment on a form called the OSHA 300 Log. Employers must also summarize the 300 log on a form called an OSHA 300-A. Somewhat similar to the Oregon Liquor Control Commission (“OLCC”) — which is the state agency that administers marijuana licenses — OR OSHA has the power to investigate employers to determine whether or not they are compliant with OSHA requirements. OR OSHA does not have to provide advance notice of inspections, and the agency may randomly show up at an employer’s place of business to conduct an inspection. So where might ... read more
    Source: Canna Law Blog – OregonPublished on 2018-06-18
  • History of Medical Cannabis Uses: Infographic
    Cannabis has been used for millenia all around the world. This nicely done infographic from visual.ly sets some of the The post History of Medical Cannabis Uses: Infographic appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-10
  • Industrial Hemp: Don’t Forget About State Law!
    As CBD and hemp continue to grow in popularity we are receiving an increasing number of calls and emails from companies that want to distribute hemp across the country. We have written about the legality of hemp and CBD under federal law: DEA Confirms It Cannot Regulate All Parts of the Cannabis Plant Cannabis Taxation: Does IRC Section 280E Apply to Industrial Hemp? Federal Court Denies Review of DEA’s Marijuana Extract Rule Legal Hemp: Coming Soon Nationwide? Is CBD Legal? Hemp Industry Case Ruling Due Soon Target Sold CBD Online: Was it Legal? This post focuses on another topic: state law on CBD and Industrial Hemp. The 2014 Farm Bill grants states the authority to regulate Industrial Hemp, which contains less than .3%  THC on a dry weight basis, through an Agricultural Pilot Program. The Farm Bill also requires that Industrial Hemp is overseen by a state’s department of agriculture. The Farm Bill is light on additional details and states have taken different approaches to regulating Industrial Hemp and CBD derived from Industrial Hemp. Colorado cemented its place in history as a cannabis pioneer by legalizing marijuana in 2012 along with Washington. Colorado’s hemp credentials are also solid as it has dedicated more acreage to the cultivation of hemp than any other state. Cultivators are permitted to sell hemp to the public. Colorado does not oversee the processing of hemp though which makes the extraction process largely unregulated. Unlike Colorado, Oregon regulates both the production and processing of Industrial Hemp. Oregon’s Department of Agriculture (ODA) oversees the state’s industrial hemp program. “Growers” must register with the ODA in order to produce Industrial Hemp and “Handlers” must register to process Industrial Hemp. Oregon differs from Colorado in that it does not permit its Growers to sell Industrial Hemp directly to the public. Conversely, Handlers are permitted to sell Industrial Hemp to any person. Growers and Handlers may also sell their products to licensed recreational marijuana businesses giving them access the state’s recreational marijuana market. Growers and Handlers can apply to the Oregon Liquor Control Commission (OLCC) for an Industrial Hemp certificate to transfer hemp to recreational processors. OLCC retailers can then turn around and sell these hemp-based products to Oregon consumers. Washington recently passed a law that sets up a similar structure. You can read about this law here, as we covered it a few months ago when it was still a proposed  bill. Washington’s licensed processors will soon be allowed to use additives derived from hemp-based products that ... read more
    Source: Canna Law Blog – OregonPublished on 2018-06-10
  • Veteran Equal Access Amendment Blocked by House Rules Committee
    June 6, 2018 – The House GOP lawmakers blocked the Veterans Equal Access amendment from Rep. Earl Blumenauer of Oregon. The post Veteran Equal Access Amendment Blocked by House Rules Committee appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-06
  • House Rules Committee Expected to Block Veterans Equal Access Amendment for MMJ
    June 6, 2018 – Veteran access to cannabis is being block, once again, by Republicans in the House Rules Committee. The post House Rules Committee Expected to Block Veterans Equal Access Amendment for MMJ appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-06
  • Oregon Cannabis: Using the Initiative Process to Legalize Local Marijuana Businesses
    The goal of your ballot initiative is to get to a vote. Oregon successfully legalized the use, sale, processing, and production of recreational marijuana in 2014 through the initiative process. The initiative process is a method of direct democracy that allows people to propose laws outside of the normal legislative process. Oregon’s marijuana statute (ORS 475B) allows cities and counties to “opt-out” of commercial recreational marijuana. In other words, cities and counties do not have to allow for the sale, processing, or producing of marijuana within their jurisdictional borders. ORS 475B, as originally written, allowed cities and counties to automatically opt-out if registered voters in the jurisdiction voted at least 55% against the legalization. All other cities or counties could either create reasonable time, place, and manner restrictions for marijuana businesses or could put up an opt-out vote to the public at the next general election. Many cities and counties chose to opt-out from legalized recreational marijuana. In these jurisdictions, citizens can still use and possess marijuana, but licensed recreational businesses are not allowed to operate in jurisdictions that opted-out. Still, citizens can use the initiative process to change these local laws. The initiative process allows for citizens to propose a city or county ordinance allowing Oregon Liquor Control Commission (OLCC) licensed marijuana businesses within the jurisdiction. We have expertise in navigating this process and we are, in fact, running one initiative in an “opt out” jurisdiction right now. The initiative process, much like many forms of our government, is overly complicated with a host of rules and technical requirements. It requires a lot of steps, careful planning, patience, and organization. Once an entrepreneur decides he or she wants to change the laws, the initiative process starts by filing a prospective petition with the local elections official. The prospective petition includes the language of the proposed ordinance. The language is an opportunity to develop a local ordinance that fulfills your goals and the citizens goals for licensed marijuana businesses. After the prospective petition is submitted, the city or county will approve it for circulation. This is when the real work starts. Initiative petitions are not automatically guaranteed a spot on the ballot. Instead, initiative petitions must gather the support of the public to be included on the next election’s ballot. Almost all of us have been accosted by a circulator on the MAX or downtown in Portland asking if we are a registered voter and if we’ll sign the petition sheet to get a measure on the ballot. City initiative petitions ... read more
    Source: Canna Law Blog – OregonPublished on 2018-06-06
  • The Business of Marijuana in Oregon: Join Us Thursday!
    This Thursday, June 7th, our own Vince Sliwoski will co-chair an all-day continuing legal education (CLE) event in Portland called The Business of Marijuana in Oregon, along with Jesse Sweet, a lawyer and senior policy analyst at the Oregon Liquor Control Commission (OLCC). The roster of speakers lined up for this CLE is better than any year to date, and everyone, including non-lawyers, would be well served to attend. Other Harris Bricken lawyers presenting include Megan Vaniman (employment) and John Mansfield (litigation). For a full event description, including topics, speakers and registration links, click here. Looking back over the past four years, it is amazing to see how much things have changed in Oregon cannabis. At this point, the OLCC’s recreational marijuana program is fully built out, with over 3,400 applicants now on file with the state. We are proud to call many of these Oregon producers, processors, wholesalers and retailers our clients, alongside the many investors and ancillary service providers we represent. Sometimes, it is said that pioneers get slaughtered and settlers get rich. Now that the Oregon regulatory groundwork has stabilized, we have begun to see a second wave of entrepreneurs and investors move in on the local industry. Many of these new entrants bring skills, capital and experience from other regulated markets, while others are new to the space. Over the next year or so, we expect to see big changes in the marijuana industry, especially given OLCC’s announcement last week to pause the acceptance of new applications. Oregon attorneys and business owners alike need to be familiar with the unique regulatory concepts and industry dynamics that will be discussed on Thursday in order to best serve the Oregon cannabis industry. These concepts include state laws and administrative rules, developments in the highly dynamic federal sphere, and practical approaches to working with and in the cannabis industry. Attendees will hear from regulators, bankers, CPAs, and, of course, lawyers aplenty. If you are in or around Portland, we hope you will join us on Thursday for an eight-hour survey of Oregon cannabis that is both broad and deep. And if you are a Harris Bricken client or a friend of the firm, please click here to request a promotional discount code, which can be applied to either the webcast, or to in-person attendance. See you soon. ... read more
    Source: Canna Law Blog – OregonPublished on 2018-06-05
  • BREAKING NEWS: Oregon to “Pause” Acceptance of Marijuana Applications
    Yesterday afternoon, the Oregon Liquor Control Commission (“OLCC”) published a news release titled “OLCC Will Pause Acceptance of Marijuana License Applications.” This “pause” takes effect Friday, June 15th. The agency’s sudden announcement was a big surprise to almost everyone, and we received a flood of emails and phone calls throughout the afternoon. Personally, I cannot remember receiving so many urgent calls and emails related to an administrative or political development at any point in the past seven years of working with cannabis businesses. That includes industry shakeout after recent seismic events like the election of Donald Trump, the appointment of Jeff Sessions as U.S. Attorney General, and Mr. Sessions’ rescission of the Cole Memo. In all, the OLCC announcement caused a major stir. This post will address questions along the lines of those we received yesterday afternoon, in an attempt to give some consolidated thoughts as to what is going on with Oregon marijuana licensing. The OLCC announcement says it will “temporarily shift licensing staff to exclusively process recreational marijuana license renewals and applications…”. Does the word “applications” refer to new applications, as well as change in ownership applications? What about “applications” for changes in financial interest? We have confirmed with OLCC that the announcement refers only to new applications. We also have confirmed that the agency will continue to accept new applications after June 15th cut-off. However, OLCC will not move those applications forward in the queue or begin to process them. The focus will shift entirely on applications submitted prior to June 15th, changes within existing licenses, and renewals. How long is the pause? We don’t know. And OLCC probably doesn’t even know at this point. Conceivably, it could last through the next legislative session, beginning in early 2019, when the OLCC may look to the legislature to set some parameters on new license issuances. At a minimum, it seems likely that the pause will extend into the fall, given the application backlog and given the fact that the announcement states OLCC’s intent to put “additional resources into the field for compliance activity, with a focus on targeting Oregon’s 2018 fall outdoor harvest.” Can the pause go on indefinitely? Probably not, unless the legislature changes something. In our discussions with OLCC over the past few years, the agency has always acknowledged that the current statutory structure prevents it from capping the number of licenses it awards. Thus, under current law, the only way OLCC can limit the amount of marijuana being produced in Oregon is through controlling canopy sizes ... read more
    Source: Canna Law Blog – OregonPublished on 2018-05-31
 
  • Pete Pontificates: On OLCC Rule Making
    The OLCC isn’t just in a rule making process, they’re in the mother of all rulemaking processes. This summer is The post Pete Pontificates: On OLCC Rule Making appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-27
  • Oklahoma Voters Approve Medical Marijuana Initiative in Landslide Election
    June 27, 2018 – Voters in Oklahoma overwhelmingly approved a medical marijuana initiative that was placed on their primary ballot The post Oklahoma Voters Approve Medical Marijuana Initiative in Landslide Election appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-27
  • An Activist’s Fight Against Cancer: June 26
    This is an ongoing column we will be posting from David Williams as he shares his point of view during The post An Activist’s Fight Against Cancer: June 26 appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-26
  • How Low Can They Go?
    Oregon Medical Marijuana Patient Numbers Plummet By Anthony Taylor Compassionate Oregon Since October of 2015, medical marijuana patient numbers have The post How Low Can They Go? appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-26
  • Indo Expo Returns to Portland August 4-5
    Once again the preeminent cannabis trade show will be in Portland the first week of August at the Portland Expo The post Indo Expo Returns to Portland August 4-5 appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-26
  • FDA Approves CBD Cannabis Drug Epidolex for Treating Epilepsy
    In a widely expected move, the United States Food and Drug Administration today announced their approval of Epidiolex, a drug The post FDA Approves CBD Cannabis Drug Epidolex for Treating Epilepsy appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-25
  • Oregon Cannabis: The Week that Was
    No shortage of cannabis news in Oregon. Here we are a few years into legalization of recreational cannabis sales in Oregon, and it’s never a dull moment. Over the past week or so, there were three significant developments around the state with respect to marijuana law and policy. We summarize each below.      1.     The OLCC hit “pause” on accepting license applications. A few weeks back, we covered the dramatic Oregon Liquor Control Commission (OLCC) announcement that it would “pause acceptance of marijuana applications” effective June 15th. The apparent goal was to ensure that our licensing paralegal, Meghan Saunders, would receive hundreds of urgent client emails and phone calls over a two-week period. And she definitely did. The official explanation, of course, is that the agency was simply too far behind to perform adequate services for existing applicants and licensees. That is the explanation OLCC Executive Director Steve Marks gave in the May 30th announcement, and it’s the explanation OLCC Policy Director Jesse Sweet gave at the seminar that he and I co-chaired on June 7th. All in all, it seems like a reasonable explanation. Fortunately, some of the pressure from the initial announcement was alleviated on June 8th, when OLCC clarified that it would consider an application to be timely received for deadline purposes, even if it did not include an approved Land Use Compatibility Statement (LUCS). The pause ultimately took effect last Friday as promised, but not before dozens of our clients submitted last ditch applications (with and without LUCS) and made their way into the forward moving queue. In all, OLCC reports that an astonishing 1,001 additional applications were received in the two week period between its big announcement and the June 15thdeadline. If you are looking for more evidence that people are extremely interested in being involved in the Oregon marijuana industry, the OLCC reports that as of yesterday morning a grand total of 1,915 active licenses currently exist in the state (over half of them producers), with another 766 applicants assigned to investigators, 530 ready for assignment and 1,070 businesses in line but without an approved LUCS. There are also 30,018 active marijuana worker permits statewide, with another 17,217 approved and awaiting payment. Despite intense competition and price instability, people keep on coming.      2.     Billy Williams went to court. Last month, we wrote about the Williams Memo, a policy document authored by Oregon U.S. Attorney Billy Williams regarding his concerns about overproduction of marijuana in Oregon and black market activity. We ... read more
    Source: Canna Law Blog – OregonPublished on 2018-06-20
  • Oregon OSHA and Your Cannabis Business
    The OSHA model. And a good look for cannabis business. So, what is Oregon OSHA (“OR OSHA”)? OR OSHA is the Oregon Occupational Safety and Health Act. This law requires employers to “furnish employment and a place of employment which are safe and healthful for employees.” In other words, employers are required to maintain safe workplaces. This means that employers are required to identify potential workplace hazards, prevent such hazards, and provide safety measures to employees to protect their health and safety, in all situations where hazards are inherent in the job or otherwise unavoidable. Does this law apply to cannabis employers? You bet. OR OSHA also identifies certain conditions as inherently hazardous or unsafe, and regulates the condition or practice by imposing employer requirements to mitigate the condition or practice (think fall protection when on a ladder). The kind of marijuana business you run will dictate what OR OSHA regulations are triggered. For example: marijuana producers are subject to the OSHA agricultural rules. These rules require employers to protect employees from things such as machine hazards, mold, electrical hazards, and heat exposure, among other things agricultural employees are subject to.  Marijuana processors must comply with special requirements for employees handling extraction chemicals. Retail operators must ensure employees are safe from slips, trips, and falls. Etc. In addition to protecting employees from hazards at work, OSHA imposes reporting requirements on employers. Employers must report to OR OSHA within eight hours epodes like the death of an employee or a catastrophe. A catastrophe is defined as two or more employees fatally injured or three or more employees admitted to a hospital or an equivalent medical facility. Employers must report to OR OSHA within 24 hour of any employee being hospitalized, losing an eye or an amputation, or avulsion that results in bone loss. In addition to these reporting requirements, employers with 10 or more employees must record their injuries and illnesses that are a result of the work environment on a form called the OSHA 300 Log. Employers must also summarize the 300 log on a form called an OSHA 300-A. Somewhat similar to the Oregon Liquor Control Commission (“OLCC”) — which is the state agency that administers marijuana licenses — OR OSHA has the power to investigate employers to determine whether or not they are compliant with OSHA requirements. OR OSHA does not have to provide advance notice of inspections, and the agency may randomly show up at an employer’s place of business to conduct an inspection. So where might ... read more
    Source: Canna Law Blog – OregonPublished on 2018-06-18
  • History of Medical Cannabis Uses: Infographic
    Cannabis has been used for millenia all around the world. This nicely done infographic from visual.ly sets some of the The post History of Medical Cannabis Uses: Infographic appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-10
  • Industrial Hemp: Don’t Forget About State Law!
    As CBD and hemp continue to grow in popularity we are receiving an increasing number of calls and emails from companies that want to distribute hemp across the country. We have written about the legality of hemp and CBD under federal law: DEA Confirms It Cannot Regulate All Parts of the Cannabis Plant Cannabis Taxation: Does IRC Section 280E Apply to Industrial Hemp? Federal Court Denies Review of DEA’s Marijuana Extract Rule Legal Hemp: Coming Soon Nationwide? Is CBD Legal? Hemp Industry Case Ruling Due Soon Target Sold CBD Online: Was it Legal? This post focuses on another topic: state law on CBD and Industrial Hemp. The 2014 Farm Bill grants states the authority to regulate Industrial Hemp, which contains less than .3%  THC on a dry weight basis, through an Agricultural Pilot Program. The Farm Bill also requires that Industrial Hemp is overseen by a state’s department of agriculture. The Farm Bill is light on additional details and states have taken different approaches to regulating Industrial Hemp and CBD derived from Industrial Hemp. Colorado cemented its place in history as a cannabis pioneer by legalizing marijuana in 2012 along with Washington. Colorado’s hemp credentials are also solid as it has dedicated more acreage to the cultivation of hemp than any other state. Cultivators are permitted to sell hemp to the public. Colorado does not oversee the processing of hemp though which makes the extraction process largely unregulated. Unlike Colorado, Oregon regulates both the production and processing of Industrial Hemp. Oregon’s Department of Agriculture (ODA) oversees the state’s industrial hemp program. “Growers” must register with the ODA in order to produce Industrial Hemp and “Handlers” must register to process Industrial Hemp. Oregon differs from Colorado in that it does not permit its Growers to sell Industrial Hemp directly to the public. Conversely, Handlers are permitted to sell Industrial Hemp to any person. Growers and Handlers may also sell their products to licensed recreational marijuana businesses giving them access the state’s recreational marijuana market. Growers and Handlers can apply to the Oregon Liquor Control Commission (OLCC) for an Industrial Hemp certificate to transfer hemp to recreational processors. OLCC retailers can then turn around and sell these hemp-based products to Oregon consumers. Washington recently passed a law that sets up a similar structure. You can read about this law here, as we covered it a few months ago when it was still a proposed  bill. Washington’s licensed processors will soon be allowed to use additives derived from hemp-based products that ... read more
    Source: Canna Law Blog – OregonPublished on 2018-06-10
  • Veteran Equal Access Amendment Blocked by House Rules Committee
    June 6, 2018 – The House GOP lawmakers blocked the Veterans Equal Access amendment from Rep. Earl Blumenauer of Oregon. The post Veteran Equal Access Amendment Blocked by House Rules Committee appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-06
  • House Rules Committee Expected to Block Veterans Equal Access Amendment for MMJ
    June 6, 2018 – Veteran access to cannabis is being block, once again, by Republicans in the House Rules Committee. The post House Rules Committee Expected to Block Veterans Equal Access Amendment for MMJ appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-06-06
  • Oregon Cannabis: Using the Initiative Process to Legalize Local Marijuana Businesses
    The goal of your ballot initiative is to get to a vote. Oregon successfully legalized the use, sale, processing, and production of recreational marijuana in 2014 through the initiative process. The initiative process is a method of direct democracy that allows people to propose laws outside of the normal legislative process. Oregon’s marijuana statute (ORS 475B) allows cities and counties to “opt-out” of commercial recreational marijuana. In other words, cities and counties do not have to allow for the sale, processing, or producing of marijuana within their jurisdictional borders. ORS 475B, as originally written, allowed cities and counties to automatically opt-out if registered voters in the jurisdiction voted at least 55% against the legalization. All other cities or counties could either create reasonable time, place, and manner restrictions for marijuana businesses or could put up an opt-out vote to the public at the next general election. Many cities and counties chose to opt-out from legalized recreational marijuana. In these jurisdictions, citizens can still use and possess marijuana, but licensed recreational businesses are not allowed to operate in jurisdictions that opted-out. Still, citizens can use the initiative process to change these local laws. The initiative process allows for citizens to propose a city or county ordinance allowing Oregon Liquor Control Commission (OLCC) licensed marijuana businesses within the jurisdiction. We have expertise in navigating this process and we are, in fact, running one initiative in an “opt out” jurisdiction right now. The initiative process, much like many forms of our government, is overly complicated with a host of rules and technical requirements. It requires a lot of steps, careful planning, patience, and organization. Once an entrepreneur decides he or she wants to change the laws, the initiative process starts by filing a prospective petition with the local elections official. The prospective petition includes the language of the proposed ordinance. The language is an opportunity to develop a local ordinance that fulfills your goals and the citizens goals for licensed marijuana businesses. After the prospective petition is submitted, the city or county will approve it for circulation. This is when the real work starts. Initiative petitions are not automatically guaranteed a spot on the ballot. Instead, initiative petitions must gather the support of the public to be included on the next election’s ballot. Almost all of us have been accosted by a circulator on the MAX or downtown in Portland asking if we are a registered voter and if we’ll sign the petition sheet to get a measure on the ballot. City initiative petitions ... read more
    Source: Canna Law Blog – OregonPublished on 2018-06-06
  • The Business of Marijuana in Oregon: Join Us Thursday!
    This Thursday, June 7th, our own Vince Sliwoski will co-chair an all-day continuing legal education (CLE) event in Portland called The Business of Marijuana in Oregon, along with Jesse Sweet, a lawyer and senior policy analyst at the Oregon Liquor Control Commission (OLCC). The roster of speakers lined up for this CLE is better than any year to date, and everyone, including non-lawyers, would be well served to attend. Other Harris Bricken lawyers presenting include Megan Vaniman (employment) and John Mansfield (litigation). For a full event description, including topics, speakers and registration links, click here. Looking back over the past four years, it is amazing to see how much things have changed in Oregon cannabis. At this point, the OLCC’s recreational marijuana program is fully built out, with over 3,400 applicants now on file with the state. We are proud to call many of these Oregon producers, processors, wholesalers and retailers our clients, alongside the many investors and ancillary service providers we represent. Sometimes, it is said that pioneers get slaughtered and settlers get rich. Now that the Oregon regulatory groundwork has stabilized, we have begun to see a second wave of entrepreneurs and investors move in on the local industry. Many of these new entrants bring skills, capital and experience from other regulated markets, while others are new to the space. Over the next year or so, we expect to see big changes in the marijuana industry, especially given OLCC’s announcement last week to pause the acceptance of new applications. Oregon attorneys and business owners alike need to be familiar with the unique regulatory concepts and industry dynamics that will be discussed on Thursday in order to best serve the Oregon cannabis industry. These concepts include state laws and administrative rules, developments in the highly dynamic federal sphere, and practical approaches to working with and in the cannabis industry. Attendees will hear from regulators, bankers, CPAs, and, of course, lawyers aplenty. If you are in or around Portland, we hope you will join us on Thursday for an eight-hour survey of Oregon cannabis that is both broad and deep. And if you are a Harris Bricken client or a friend of the firm, please click here to request a promotional discount code, which can be applied to either the webcast, or to in-person attendance. See you soon. ... read more
    Source: Canna Law Blog – OregonPublished on 2018-06-05
  • BREAKING NEWS: Oregon to “Pause” Acceptance of Marijuana Applications
    Yesterday afternoon, the Oregon Liquor Control Commission (“OLCC”) published a news release titled “OLCC Will Pause Acceptance of Marijuana License Applications.” This “pause” takes effect Friday, June 15th. The agency’s sudden announcement was a big surprise to almost everyone, and we received a flood of emails and phone calls throughout the afternoon. Personally, I cannot remember receiving so many urgent calls and emails related to an administrative or political development at any point in the past seven years of working with cannabis businesses. That includes industry shakeout after recent seismic events like the election of Donald Trump, the appointment of Jeff Sessions as U.S. Attorney General, and Mr. Sessions’ rescission of the Cole Memo. In all, the OLCC announcement caused a major stir. This post will address questions along the lines of those we received yesterday afternoon, in an attempt to give some consolidated thoughts as to what is going on with Oregon marijuana licensing. The OLCC announcement says it will “temporarily shift licensing staff to exclusively process recreational marijuana license renewals and applications…”. Does the word “applications” refer to new applications, as well as change in ownership applications? What about “applications” for changes in financial interest? We have confirmed with OLCC that the announcement refers only to new applications. We also have confirmed that the agency will continue to accept new applications after June 15th cut-off. However, OLCC will not move those applications forward in the queue or begin to process them. The focus will shift entirely on applications submitted prior to June 15th, changes within existing licenses, and renewals. How long is the pause? We don’t know. And OLCC probably doesn’t even know at this point. Conceivably, it could last through the next legislative session, beginning in early 2019, when the OLCC may look to the legislature to set some parameters on new license issuances. At a minimum, it seems likely that the pause will extend into the fall, given the application backlog and given the fact that the announcement states OLCC’s intent to put “additional resources into the field for compliance activity, with a focus on targeting Oregon’s 2018 fall outdoor harvest.” Can the pause go on indefinitely? Probably not, unless the legislature changes something. In our discussions with OLCC over the past few years, the agency has always acknowledged that the current statutory structure prevents it from capping the number of licenses it awards. Thus, under current law, the only way OLCC can limit the amount of marijuana being produced in Oregon is through controlling canopy sizes ... read more
    Source: Canna Law Blog – OregonPublished on 2018-05-31