OMMPOS Blog - Rules

*This response is AI generated and may contain errors or ommisions

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.

The July 1, 2021 deadline for “Inhalable Cannabinoid Products with Non-cannabis Additives” (“ICP”) is rapidly approaching.  Generally, ICPs are vape cartridges and pre-rolls with non-cannabis terpenes or flavorings. On and after July 1, 2021, licensees cannot possess or transfer these products unless they comply with the new rule standards.

Before July 1, 2021, licensees can sell, destroy (waste), or return to the processor any ICPs that do not comply with the new rules – but if returning to another licensee, the ICPs will still need to be wasted in compliance with OLCC rules prior to July 1, 2021.

Licensees can use the following to spot labels subject to the “sell down” (cannot be possessed or transferred on and after July 1, 2021) and what labels are not subject to the sell down:

• Labels subject to the sell down contain product identities like “marijuana extract with non-marijuana terpenes” or “marijuana extract with natural and artificial flavors” and ingredient listings that state “natural” or “artificial flavors.” Here is an example;
• Labels that are NOT subject to the sell down contain product identities and ingredient listings that contain the words “non-cannabis additives” and list all the ingredients in the product – either on an insert or on the exterior label. Here is an example.
• Licensees may no longer utilize generic labels for ICPs created on and after April 1, 2021.

Questions related to the rules or labeling should be directed to marijuana.packaging@oregon.gov.

Questions related to Metrc should be directed to marijuana.cts@oregon.gov.

Commission Will Meet to Pass Emergency Temporary Rules

Portland, OR -- The Oregon Liquor Control Commission (OLCC) will meet next week to act on the Executive Order on the Vaping Public Health Crisis issued today by Oregon Governor Kate Brown.  The Governor’s order directs the Oregon Health Authority (OHA) and the OLCC to enact a temporary ban on the sale of flavored vaping products, as well as other sources or additives that public health investigators link to the vaping-related illness.

Governor Brown emphasized protecting Oregonians’ health as the primary focus of her action, by removing possibly unsafe products from the marketplace, discouraging vaping by children and youth, and reducing human exposure to potentially dangerous chemicals. 

Brown further encouraged Oregonians to stop using vaping products until more is known about the cause of the respiratory illness.  The Governor also called on the Federal Drug Administration (FDA) to step in to regulate flavored vaping products and additives.

The order directs both agencies to enact a 180-day ban on all flavored vaping products and to develop plans within 90 days to address consumer warnings about the dangers of vaping, vaping product ingredient disclosure, product safety tests of vaping equipment, improved health care provider reporting of vaping lung injuries to OHA, and creating a statewide prevention and education campaign aimed at discouraging the use of vaping products.

The Governor is also asking the agencies to develop proposals for long-term solutions to present to the Legislature during the 2020 legislative session.  Governor Brown will include the OLCC in a Vaping Public Health Workgroup tasked with studying the vaping illness crisis and making recommendations to the legislature.

“We will act quickly on the Governor’s directive to address this growing public health crisis,” said Steve Marks, OLCC Executive Director.  “The OLCC will utilize the real-time findings of public health officials here in Oregon and across the country as they continue their investigation into the cause of the vaping respiratory illness outbreak.  We’ll let scientists guide us as we contemplate taking additional actions with a measured approach.”

The OLCC Commission will act on temporary rules proposing to ban licensed marijuana retailers from selling any cannabinoid (marijuana and hemp) products containing any flavor, including non-marijuana terpenes.  In this interpretation the OLCC does not include terpenes derived from marijuana as a “flavor.”  The temporary rule will also prohibit licensed processors from manufacturing or distributing those same products.

After the Commission acts the OLCC will provide further guidance to licensees about taking inventory of flavored or non-marijuana terpene-containing products, removing them from retail store shelves and setting those items aside.  The OLCC will make compliance checks at licensed processors and retailers to make sure affected product is not being offered for sale.

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Under the rules change Oregon Medical Marijuana Program cardholders or a designated caregiver will be allowed to purchase a larger amount of marijuana during a single transaction.  In August 2018, after noticing suspicious purchase activity in the state’s Cannabis Tracking System, the OLCC reduced the daily purchase limit to one (1) ounce for OMMP cardholders.

The rule changes approved by the Commission take effect on December 28, 2018.

Key elements of the rules changes include: 

• Creating a denial basis for licensees who fail to complete the renewal process, and for license applicants found to have an unauthorized interest in a licensed business;
• Ending the issuance of new licenses to processors as alternating proprietors (shared kitchen) on the same licensed premises for applications received after January 1, 2019, but grandfathering all current processors in alternating proprietorships;
• Clarifying camera coverage for waste material and amending the penalty structure for violations based on the amount of missing camera footage and the number of offenses;
• Redefining the allowable shape of canopy areas a producer may have and including an allowance for producers to obtain a professional survey in lieu of the quadrilateral shape requirement;
• Allowing wholesale licensees to provide retailers with samples from product lines originating from multiple licensees;
• Increasing trade sample amounts for cannabinoid products, and allowing licensees to share trade samples with employees as long as the transaction is tracked in the Cannabis Tracking System;
• Increasing medical patient purchase to eight (8) ounces of usable marijuana per day and no more than thirty-two (32) ounces per month;
• Clarifying that a retailer can only sell a customer five (5) grams of an inhalant per day; and
• Allowing retailers to apply for the ability to deliver to patients and primary caregivers throughout the state, even in opt-out jurisdictions. 

The new rules can found here on the OLCC Recreational Marijuana website.

Beginning today, August 30, 2017, every batch of usable marijuana (flower and leaves) must be tested directly for pesticides according to the Oregon Health Authority’s testing rules in order to be compliant. This includes untested product that was collected for sampling prior to August 30.

Some temporary rules regarding the sampling and testing of usable marijuana  have expired, and Oregon Liquor Control Commission Recreational Marijuana Program licensees are required to follow updated OLCC and Oregon Health Authority rules.

This reminder follows an August 11, 2017 OLCC Compliance Bulletin CE2017-09 sent to Recreational Marijuana Program producer and laboratory licensees explaining the rules adjustment.  The bulletin is also posted on the OLCC Recreational Marijuana Program website.

The Oregon Liquor Control Commission issued an order to limit pesticide testing of usable marijuana meant for retail sale to consumers on October 3, 2016.   At that time, OLCC staff found that there was insufficient lab capacity for 100% batch testing of usable marijuana for pesticides. On March 3, 2016, the Commission made a similar determination and extended temporary rules to allow for the continued practice of testing one-third of the batches.

More information can be found on the OHA medical marijuana website.

The Commission will continue to monitor market flow and respond to any issues that arise with the expiration of the temporary rule.

If you have questions please contact the OLCC Recreational Marijuana Program at marijuana@oregon.com

On Monday, April 17, Oregon Governor Kate Brown signed SB 863 into law. The new law prohibits OLCC licensed marijuana retailers from recording, retaining or transferring information contained on a passport, driver’s license, military identification card or other identification card.

The Deadline to clear the personal recreational customer information from your store is May 18th. We have added a new button "Sanitize Customer Data" under Store settings. This button will erase the names, addresses and id numbers of all of your recreational customers. Your medical customer data will not be touched. Please give me a call with any questions. - Raja (971) 276 - 3371.

Oregon Governor Kate Brown signed Senate Bill 863 into law on April 17, 2017.

SB 863 prohibits marijuana retailers from recording, retaining or transferring information contained on a passport, driver’s license, military identification card or other identification card. 

What are marijuana retailers required to do?

Beginning immediately retailers may NOT record or retain customer information gathered from a piece of official identification (e.g. driver’s license, passport) that could identify the customer.

Retailers are still required, prior to completing the sale of a marijuana item to a consumer, to verify that that the consumer has valid, unexpired government-issued photo identification and must verify that the consumer is 21 years of age or older.  See: OLCC Recreational Marijuana Rules (Retailer Operational Requirements: 845-025-2820)

This law does not change licensee reporting and inventory requirements.  Sales and inventory data must still be reported into Metrc daily including an Oregon Medical Marijuana Program (OMMP) card number if selling to a patient or caregiver. 

Destruction of Previously Collected Consumer Information

On or before May 18, 2017 retailers must destroy any previously collected information that may be used to identify a consumer acquired through the production of a piece of legally described identification.  This includes any consumer information that was previously acquired with consent for the purposes of marketing. 

Licensees should NOT delete or destroy information in Metrc. This requirement only pertains to information recorded or retained outside of Metrc.

Exception to Prohibition for Collecting Consumer Information (Opt In) 

Going forward a retailer may retain the name and the contact information of a customer for marketing purposes only, if the retailer:

·       Asks the consumer if they may record the information for marketing purposes AND

·       The consumer agrees in writing to the information being used for marketing purposes.

 This consumer consent does NOT authorize the retailer to sell or transfer the consumer’s personal information.

Questions about the retailer implementation of SB 863 should be directed to the OLCC Recreational Marijuana Program at:  marijuana@oregon.gov or by calling 503-872-6366

Bulletin CE2017-05

Sales to Medical Cardholders

Sales to medical cardholders are not taxed

If you are a licensed retailer selling a marijuana item to an Oregon Medical Marijuana Program (OMMP) cardholder you may not change a tax.   Instead enter the OMMP card number in your Point of Sale system, or the Metrc Cannabis Tracking System, to verify the reason tax was not charged. 

Only retailers that have completed the form “Registration for Sale of Recreational Marijuana for Medical Purposes” are allowed to sale medical grade products.  Medical grade products come from OLCC licensed processors, but contain medical concentration limits; medical grade products can only be sold to OMMP cardholders.  Retailers that are registered for medical sales may also allow an OMMP cardholder, 18 years of age or older, inside their retail establishment. 

Discounting Marijuana Items

OLCC licensed retailers may discount marijuana items. 

Example: a retailer may offer a 20% discount for top shelf product.

The discount rules do not allow a marijuana item to be discounted in correlation with the purchase of another item.  Buy One, Get One Free (BOGO) and customer loyalty cards linked to marijuana products  are NOT allowed. 

Example: A retailer cannot offer buy 2 get 1 for free.

Example: A retailer cannot have a customer loyalty punch card where the customer buys 10 ounces of marijuana and receives the 11th ounce for free.  If a retailer wants to offer a loyalty punch card, it could be,"buy 10 ounces of marijuana and get a t-shirt or hat for free", because the free product is not marijuana. 

For More Information:

Compliance Education Bulletins can be found on the OLCC Recreational Marijuana website.

Bulletin CE2017-03

What are the restrictions in advertising your cannabis business?  

Advertising is publicizing the trade name of a licensee together with words or symbols referring to marijuana or publicizing the brand name of marijuana or a marijuana product.

 Marijuana advertising may not:

 ·       Contain statements that are deceptive, false, or misleading;

 ·       Contain any content that can reasonably be considered to target individuals under the age of 21;

 ·       Encourages the transportation of marijuana items across state lines;

 ·       Assert that marijuana items are safe because they are regulated by the Commission or have  been tested by a certified laboratory or otherwise make claims that any government agency endorses or supports marijuana;

 ·       Make claims that recreational marijuana has curative or therapeutic effects;

 ·       Display consumption of marijuana items;

 ·       Contain material that encourages the use of marijuana because of its intoxicating effect;  

 ·       Contain material that encourages excessive or rapid consumption.

 Advertisements through print, billboard, television, radio and internet must contain the following statements (this does not apply to advertising on apparel):

 Do not operate a vehicle or machinery under the influence of this drug

 For use only by adults twenty-one years of age and older

 Keep out of reach of children

If the OLCC receives complaints about advertising we will investigate.  You should be prepared to verify you are not breaking any of the advertising rules located in Division 25 Administrative Rules.  If you are advertising through television, radio, billboards, print media or internet you must have verification no more than 30% of your viewing audience in under the age of 21. 

Compliance Education Bulletins can be found on the OLCC Recreational Marijuana website.

 Yesterday the OLCC hosted a Marijuana Update meeting. The meeting was attended by approximately 70 Producers, Processors, Wholesalers and Retailers. During the meeting the OLCC explained the breakdown of rules and responsibility between organizations like the OLCC, OHA, DOA and ODOR. After each presenter there was a question and answer session that was very enlightening.
 
New Licenses and License Renewals
 
The OLCC reports that there is a backlog in processing the various applications for licensing. During the first year the OLCC pulled inspectors from the Liquor side of affairs to make up for the backlog of applications. Now those auxiliary resources are returning to normal duty so expect a slowdown in the time that it takes to process a new or renewal application.
 
For those licensees who have a renewal date pending the OLCC recommends that you apply for renewal sooner rather than later. There is a critical 20-day window for renewal. If you apply for license renewal with more than 20 days left on your license, then you can continue to operate even if it takes the OLCC more than 20 days to process your license renewal, however if there is less than 20 days left before you apply for renewal then you will have to close operations after your expiration date until the OLCC is able to process your renewal. Again, apply with more than 20 days on your license and keep operating. Apply with less than 20 days on your license and shut down when your license expires until after the OLCC can process your application.
 
METRC
 
The OLCC warms that there are a lot of reporting irregularities in METRC and that they will be beginning to crack down on these errors soon with fines. The example provided was that of the producer who harvested a plant 6 months ago and never applied a tag. Please be sure to keep your METRC reporting accurate and up-to-date to avoid penalties.
 
Pre-rolls
 
TJ Sheehy of the OLCC says that pre-rolls should always be weight-based. Many dispensaries log pre-rolls as unit or combined-each in METRC but this is incorrect. All pre-rolls should be weight-based.
 
Tags
 
IT IS NOT NECESSARY TO APPLY YOUR OWN TAG OVER A VENDOR TAG. If you receive a package from a vendor and that package has a package tag you can use the METRC package tag in OMMPOS. You do not need to re-package packages received from Vendors.                                                                                                                      
 
Employees
 
The OLCC emphasized that it is the licensee’s responsibility to ensure that ALL employees of your organization are registered in METRC and that all employees who handle Marijuana possess a valid Marijuana Handler’s card.
 
For questions about the rules the OLCC recommends visiting WhatsLegalOregon.com
 
For question about how we can help you keep your dispensary compliant contact Raja (971) 276 – 3371 or visit us at http://ommpos.com 

Basically what is happening is an internal DEA accounting change in how they track Cannabis Extracts.

There appears to be a proliferation of misleading news with the headline :The DEA Just Banned CBD."

We searched the internet and have been unable to find this story on any major news outlets. It is my opinion that this news is false news or at least intentionally misleading.

Here is what we have been able to figure out with 15 minutes of searching with BING.

CBD being derived from Marijuana is a schedule 1 substance under Federal law. States like Oregon, California, Washington, Colorado and Massachusetts will have legal CBD products because Marijuana has been legalized recreationally in these states. In states where Marijuana is not recreationally or at least medically legal it would be illegal to possess CBD products.

Of course the postal service is a federal institution so sending CBD products through the post would violate federal law as would be transporting CBD or any other Marijuana containing product across state lines.

Basically nothing has changed.

We found this article describing the DEA Easing regulations for CBD research
DEA Eases Requirements for FDA-Approved Clinical Trials on Cannabidiol

DEA.gov / Headquarters News Releases, 12/23/15

and this source article with DEA commentary on Cannabis Extracts.
Rules - 2016 - Establishment of a New Drug Code

Take Deep Breaths. Hope this helps. This is my opinion and not legal advice.

- Raja Afrika (971) 276 - 3371