OLCC Draft Administrative Rule Amendments – Time for Public Comment
Once again the Oregon Liquor Control Commission (OLCC) is proposing to adopt new rules and regulations to amend a number of rules ranging from licenses and premises rules to fees and genetics. The changes come from the changes in the state laws on marijuana that were passed by our Legislature in their last session. These proposed rule changes will impact numerous cannabis and hemp businesses in Oregon. This is your opportunity to comment on the proposed rule changes.
Some of the major amendments are summarized below:
- Proposed changes to rules affecting a licensed premises:
- The amendments enable licensees to license unenclosed areas of a licensed premises if they demonstrate adequate security measures.
- The new rules amend the camera coverage rules in two notable ways
- A licensed premises must have camera coverage for all areas marijuana waste is required to be stored or destroyed; and
- They propose a tiered sanction schedule for days of missing surveillance based on the amount of missing footage.
- Canopies would now have to be quadrilateral or the licensee would need to use a surveyor licensed by the State of Oregon to prove canopies are within license allowances.
- The shared kitchen allowance for edible makers would be done away with for new licensees.
- The amendments require Processor Licenses to have a Certificate of Occupancy for the intended use from local building and/or fire officials.
- The new rules would consider a loss of access to the premises a Category 1 violation.
- Post-harvest marijuana waste must now be held for at least three business days under camera coverage prior to disposal. Also, a reason for the waste and the exact time and method of disposal must be documented in a manner prescribed by the OLCC.
- Proposed changes to rules affecting licenses:
- The new changes clarify the OLCC’s practice of restricting license privileges rather than pursue a contested case hearing.
- They restrict the harvesting and processing of marijuana and marijuana items if a licensee has a suspended license.
- Proposed changes to rules affecting applications and fees:
- Changes are proposed to enable the OLCC to prescribe a time period in which the applicant for a license or worker permit must submit required materials or face denial by the OLCC.
- The new rules propose a fee of $25 to transfer package and label application between licensees.
- The amendments provide for an applicant to show good cause to overcome a prior criminal conviction that is the basis for license denial.
For a full list of changes, please visit the following link: https://www.oregon.gov/olcc/marijuana/Documents/Rules/2018_BillPackage/Notice_of_Public_Hearing_2018BillandTechPackage.pdf
The OLCC is requesting public comment on these proposed rules changes. You can comment on the proposed changes in person at the public hearing, which will be held at 10:00 am on Friday, November 16, 2018 at the OLCC’ s office located at:
9079 SE McLoughlin Blvd.
Portland, OR 97222
You can also send in comments via email to [email protected]. All comments sent via email must be received no later than 5:00 p.m. November 30, 2018.
As always, 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.