Temporary Rule Changes
OREGON: On October 15, 2020, the Commission adopted temporary rules intended to provide relief to the industry and allowing OLCC greater flexibility in the processing of marijuana license applications. The main changes implemented in these temporary rules are:
- Revising the definition of who needs to be identified as an “applicant” for the license, including raising the threshold from the 10% to 20% ownership.
- Changing license application requirements, including reducing the amount of information and documentation which was previously required.
- Modifying when OLCC may request fingerprints for a background check to once per license year, rather than specifically in conjunction with a renewal application.
- Applicants can change the location of their proposed licensed premises prior to licensure, except for Producers who are prohibited by law from making that type of change until January 2022.
- Changes to notification and pre-approval requirements when licensees make changes to business structures or financial interests (see below).
- Simplified paperwork requirements for Producer propagation endorsement and medically designated canopy registration.
In the coming months, the Commission will go through a permanent rulemaking process to finalize the rules, making adjustments based on feedback from the industry and other stakeholders. Anyone wanting to provide comment or input on proposed rules should subscribe to OLCC’s email updates to stay apprised of the most recent activities, including dates and deadlines for public comment.
License Application Streamlining
In light of the current licensing backlog, Commission staff have been developing a comprehensive strategy to improve the processing time frame for all licensing actions. The agency believes that implementing the flexibility afforded by this temporary rule package and making internal process adjustments will significantly reduce the time it takes staff to evaluate each license application. The goal is to make the entire licensing process more efficient, timely, and predictable.
There are three main features that characterize the agency’s new streamlined approach to licensing:
- Collecting fewer documents as part of the license application.
- Relying on the applicant’s attestation that they have provided complete and accurate information.
- Giving the applicant the responsibility for knowing and understanding the laws and rules around marijuana licenses, and ensuring that their business will comply with those rules.
As part of the streamlining process, OLCC will ask applicants to complete updated paperwork which aligns with the temporary rule. We recognize that many applicants have already filled out and submitted paperwork for the license application, but the new set of paperwork is straightforward and will significantly reduce the time it takes OLCC staff to evaluate the license application.
Under the streamlined licensing process, a complete application will typically include:
- An Application Packet for the appropriate license type. These forms have been streamlined to collect the minimum necessary amount of information. They also now include attestations that OLCC staff will rely on to be accurate when determining whether a license can be issued.
- A Marijuana Applicant Questionnaire, along with an Individual History form for each individual who qualifies as an “applicant” for the license. The Applicant Questionnaire replaces all of the business structure forms that OLCC has historically collected. OLCC license investigators will no longer routinely collect detailed paperwork describing the structure and ownership of the business and analyze that information to determine which individuals and legal entities are “applicants.” Instead, it is the responsibility of the business to completely and accurately identify all “applicants.” The investigation process will not routinely consider other persons with a “financial interest,” although OLCC retains the authority to do so if necessary.
- A map or sketch of the proposed premises and a floor plan for any indoor areas. New Premises Map Instructions are available that identify what information needs to be included on the map and floor plan. OLCC staff will rely on the applicant’s attestation that the map and floor plan(s) are complete and accurate.
- A Land Use Compatibility Statement (LUCS). This requirement has not changed. An application must include this form, signed by the local government where the proposed premises is located, showing that the proposed license type is not a prohibited use at the proposed premises.
OLCC staff will continue to evaluate each applicant’s relevant criminal history and their record of compliance when previously licensed before issuing a license.
If an applicant has previously submitted fingerprints for a background check with another marijuana license application, OLCC staff will use the results of that license investigation rather than having the person submit new fingerprints. If an applicant has not previously submitted fingerprints, they will need to do so before the application is assigned to a license investigator.
OLCC will continue to contact applicants to confirm that they are prepared to complete the licensing process within 60 days before assigning them to a license investigator. As part of this contact, OLCC staff will provide instructions for applicants to submit fingerprints. Do not submit fingerprints until you have received these instructions from OLCC staff.
The licensing timelines established in OAR 845-025-1135 still apply:
- An applicant must complete the application process within 60 calendar days of being contacted by their license investigator.
- If an applicant does not complete the process in 60 days and has not previously been in a “hold” status, the OLCC will un-assign the application and place it on hold until the Commission is able to reassign it; the reassignment will NOT take place until after other applications have been processed. Due to the volume of other license actions waiting to be processed, there could be a significant wait time before the OLCC reassigns the application.
- If an applicant does not complete the process in 60 days and has previously been in a “hold” status, the application will be deemed incomplete and inactivated.