OMMPOS Blog - Feature

Portland, OR -- The new year begins a new registration requirement for the sale of Hemp products in the state. Starting January 1, all cannabinoid hemp products sold to consumers in Oregon - whether sold online or in brick-and-mortar locations - are to be registered with the OLCC. While legislatively required under House Bill 4121, the registry additionally benefits consumers by making available clear information about the hemp products they buy.

The requirement to list within the Hemp Registry applies to all cannabinoid hemp items intended for human or animal consumption or use, such as:

• Gummies
• Beverages
• Tinctures
• Capsules
• Vapes and smokable flower

Topical products like lotions and soaps, as well as hemp grain and fiber products that do not contain cannabinoids (i.e. CBD, THC) are excluded from the registration requirements. There is a fee to register, but with some exceptions, similar products can be registered with one fee.

Enforcement actions related to the Hemp Registry will be delayed until June 1, 2026, giving manufacturers, distributors and retailers to adapt. This limited grace period is designed to help businesses understand the new requirements, complete product registrations, and ensure proper labeling before enforcement begins. While the OLCC will not penalize businesses solely for failing to register products before June 1, 2026, it will continue enforcing existing state laws. See Hemp Education Bulletin HE2025-01 for more information.

Use these steps to file your Oregon Quarterly Tax Return

Summary

A legal challenge to Ballot Measure 119 (described in more detail below) was filed by two OLCC licensees in February of 2025. On May 20, 2025, federal district court judge Simon issued a ruling declaring that Measure 119 was preempted by the federal National Labor Relations Act (NLRA), and that the Measure infringes on free speech rights.

Therefore, effective immediately the Commission will no longer require as part of a new or renewal application for the license types that were subject to Measure 119, a signed labor peace agreement (LPA) between an applicant and a bona fide labor organization, or an attestation signed by the applicant and bona fide labor organization stating that the applicant and the bona fide labor organization have entered and will abide by the terms of a labor peace agreement.

OLCC will be processing pending renewals if the only missing information was an LPA or an LPA related attestation.

More Information

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Effective January 1, 2025:

• Application and Licensing:

  • Application Process (OAR 845-025-1030): Details the steps and requirements for obtaining a marijuana license in Oregon.
  • Denial of Application (OAR 845-025-1115): Specifies conditions under which a license application may be denied.
  • Producer Application Deadlines (OAR 845-025-1131): Establishes submission deadlines for marijuana producers.
  • Prohibited Changes to Applications (OAR 845-025-1132): Outlines changes not permitted after application submission.
  • Change of Business Structure (OAR 845-025-1165): Describes procedures for altering business ownership or structure.
  • Change of Location (OAR 845-025-1180): Guides licensees on relocating their business premises.

• Operational Requirements:

  • Licensed Premises (OAR 845-025-1230): Sets rules for the physical premises, including security measures.
  • Retailer Premises (OAR 845-025-2840): Specifies requirements for marijuana retail locations.
  • Processor Requirements (OAR 845-025-3220): Lists standards for marijuana processing operations.
  • Processing for Cardholders (OAR 845-025-3305): Details provisions for processing marijuana for medical cardholders.

• Quality Assurance:

  • Cannabis Reference Laboratory (OAR 845-025-5765): Establishes standards for designated testing laboratories.
  • Packaging and Labeling (OAR 845-025-7030): Sets rules to ensure consumer safety and informed usage.
  • Labeling Requirements (OAR 845-025-7090): Specifies necessary information and prohibitions on product labels.
  • Prohibited Products (OAR 845-025-7160): Identifies marijuana products not permitted for sale.
  • Testing Requirements (OAR 845-025-7520): Outlines mandatory testing procedures for safety and quality.
  • Sampling Procedures (OAR 845-025-7570): Describes methods for sampling products for testing.

• Compliance and Enforcement:

  • Violations (OAR 845-025-8520): Defines violations and corresponding penalties.
  • Suspended Licenses (OAR 845-025-8580): Details requirements during license suspension, including posting notices.
  • Minor Decoy Operations (OAR 845-026-8570): Establishes standards for compliance checks using minor decoys.

Effective March 31, 2025:

• Definitions (OAR 845-025-1015): Provides clarity on terms used in marijuana regulations.
• Fees (OAR 845-025-1060): Lists fees associated with various licenses and services.
• Marijuana Worker Permits:
  • Permit Requirements (OAR 845-025-5500): Outlines the necessity for individuals working in the industry to obtain permits.
  • Application Process (OAR 845-025-5520): Describes steps to apply for a worker permit.
  • Denial Criteria (OAR 845-025-5540): Specifies reasons for potential application denial.
  • Examination Requirements (OAR 845-025-5560): Details required examinations for permit applicants.
  • Suspension or Revocation (OAR 845-025-5590): Outlines conditions for permit suspension or revocation.

Summary

Oregon voters recently passed Ballot Measure 119, requiring OLCC licensed processors, retailers, medical only processors, medical only retailers, research certificates and labs to provide the OLCC with a signed labor peace agreement (LPA) or attestation prior to licensure or renewal.

The new law goes into effect December 5, 2024.

Any application for a license or renewal application received on or after December 5th will be required to include:

• A signed labor peace agreement entered into between the applicant and a bona fide labor organization actively engaged in representing or attempting to represent the applicant’s employees; or
• An attestation signed by the applicant and the bona fide labor organization stating that the applicant and the bona fide labor organization have entered into and will abide by the terms of a labor peace agreement.

As the OLCC learns more about the new law we will update this compliance bulletin with additional information.

OAR 845-025-1190 (Effective 08/13/2024)

This rule outlines the requirements marijuana retailers must follow to obtain an extension for tax compliance.

Since the OLCC was directed in 2023 to take steps to require proof of tax compliance for marijuana retailers, the agency has encountered situations where licensees have extenuating circumstances that prevent them from timely obtaining certificates of tax compliance. The amendments outline the process and criteria OLCC requires to grant a licensee’s request for a temporary extension.

This action makes the temporary amendments permanent, with some minor changes to refine the rule language. Effective 08/13/2024.

For more information on OLCC Rulemaking:

OLCC.rulemaking@oregon.gov

www.oregon.gov/olcc/Pages/Laws_and_Rules.aspx

Clarification: Marijuana licensees are exempt from the hemp vendor licensed described in the previous email. No action is required for a marijuana licensee to comply with this new requirement. OLCC licensees must continue to comply with OLCC requirements around the sale, distribution, and receipt of hemp items.

Starting July 1, 2024:  

In Oregon, any hemp retailers or wholesalers who store, transfer, or sell industrial hemp or hemp items for resale to another person must get a hemp vendor license from the Oregon Department of Agriculture (ODA), as per OAR 603-048-0175.  The vendor license costs $100 per year and is valid from July 1 – June 30. This schedule aligns with ODA’s Food Safety and Weights and Measures licensing cycle, making it easier for customers who need multiple licenses to do business with ODA.  

Online Application

Questions?  hemp@oda.oregon.gov

• Public Notice of Proposed Rulemaking

In 2023, the Oregon Liquor and Cannabis Commission (OLCC) and Department of Revenue (DOR) were directed by Governor Kotek to take steps to require proof of tax compliance for marijuana retailers as part of the renewal, change of ownership, addition of license holders, and/or new licensure process. Since that time, the OLCC has encountered a subset of licensees that have extenuating circumstances preventing them from obtaining certificates of tax compliance within the timeframes currently allowed in rule. Licensees may be facing deaths in the family, pending legal actions, or other technical/paperwork delays beyond their control, but are otherwise able to demonstrate an acceptable level of tax compliance.

In response to these situations, the OLCC passed a temporary rule to grant relief only in specific situations where the licensee is in compliance with marijuana taxes and diligently trying to obtain a certificate of compliance while working through other tax issues. These amendments temporarily provided the OLCC flexibility to allow additional time that will prevent the unnecessary closing of an otherwise compliant businesses. A licensee applying for an extension would need to meet specific requirements and provide proof that they are working to obtain their certificate of compliance. The OLCC is not anticipating granting such extensions frequently and intends to continue requiring strict compliance in most cases, but needs the flexibility to allow for case-by-case circumstances, given that the process creates unique situations for individual licensees. This rulemaking makes the temporary rules permanent, with some minor changes.

• Star Micronics TSP743II Label Printer was $695 now $622
• OLCC/OMMA Compliance Labels (CASE) was $298 now $203
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May 21, 2024
10:00 am – 12:00 pm
*Meeting Held Virtually*

In May 2023, Governor Kotek directed the OLCC and DOR to immediately take steps to require proof of tax compliance for marijuana retailers as part of the renewal, change of ownership, addition of license holders, and/or new licensure process. Requiring proof of tax compliance before such licensing actions may be approved will ensure only those up to date on tax obligations or making timely payments under a Department of Revenue-approved payment plan, will be permitted to operate in the cannabis industry.

Certificates of tax compliance are required from every licensee of a Retailer license as part of renewal requirements. A Retailer may file for renewal and be granted temporary authority to operated past their expiration date for up to 90 days after their expiration date, but their renewal will be considered incomplete and the license to be expired if the Commission has not received all required documentation by that time. This action would permanently adopt the temporary rule filed June 16, 2023 (OLCC 4-2023), allowing the Commission to consider and grant additional extensions of this timeframe when certain conditions are met.

• AGENDA 
• DRAFT RULE LANGUAGE