OLCC Issues Recall for Hemp Labeled Product with High THC Levels

Select CBD tincture could impair unsuspecting consumers

Agency inspectors continue to trace cause of mislabeled product

 

OREGON: The Oregon Liquor and Cannabis Commission has issued a mandatory recall for a product labeled as a hemp tincture that can get consumers “high” because the product contains undisclosed levels of THC. Consumers using this mislabeled product may become unexpectedly impaired.

The recall is for an item labeled as a hemp CBD tincture produced by Cura CS, LLC, and sold under its Select brand. The specific batch of this product Select CBD Drops “Broad Spectrum” Unflavored 1000 MG CBD was only available for purchase through OLCC licensed retailers.

The OLCC has notified cannabis retailers about the recall, and has put a hold on the product in the OLCC cannabis tracking system to prevent further sales from OLCC licensed retailers.

The recall affects this specific product produced on May 14, 2021. The OLCC estimates approximately 500 units have been sold starting June 19, 2021 and about 200 units remain in the inventories of OLCC retailers and those items are required to be quarantined.

Customers who have purchased this product can either return it to the OLCC licensed retailer they purchased it from or destroy the product.

Consumers with health-related concerns about this recalled product should contact the Oregon Poison Center at 800-222-1222, or their medical provider.

If consumers have other product related complaints related to this recall they should notify the OLCC at marijuana@oregon.gov and include any information you have, including the consumer’s name and phone number.

 

Rescheduled: OLCC Rules Advisory Committee Meeting

Marijuana Violation Reclassification Rules Package

9:00 AM – 12:00 PM
October 20, 2021
(Rescheduled from September 22, 2021)

Location: Virtual

Agenda

The Oregon Liquor and Cannabis Commission has initiated the third phase of the violation reclassification project to draft permanent administrative rules that revise the way compliance actions are administered. The proposed amendments in this package align OLCC administrative rule with legislation passed at the 2021 Regular Legislative Session.

Due to COVID-19, we are holding Rules Advisory Committee meetings virtually. Please note that invited committee members and OLCC are the only persons allowed to participate in the discussion. Please be respectful and mute your phone.

To listen to the meeting, dial: 1 (408) 650-3123; Access Code: 603-420-373

OREGON: OLCC Rules Advisory Committee Meeting

Rules Advisory Committee Meeting

Delta-8-THC and Other Artificially-Derived Cannabinoids Package

2:00 PM – 5:00 PM
Thursday, September 30, 2021

Location: Virtual

Agenda

This past spring the Commission initiated rule-making to address new and unregulated products. The proposed changes to the administrative rules will address Delta-8-THC and other cannabinoids in the OLCC marketplace that are manufactured from hemp or marijuana by chemical reactions including isomerization.

Due to the outbreak of COVID-19, we are holding Rules Advisory Committee meetings virtually. Please note that invited committee members and OLCC are the only persons allowed to participate in the discussion. Please be respectful and mute your phone.

To listen to the meeting, dial: 1 (571) 317-3122; Access Code: 932-098-717

 

For more information, contact:
Madeline Kane, 503-872-5081
Email: olcc.rulemaking@oregon.gov

OLCC Rules Advisory Committee Meeting September 22, 2021

OREGON:

Marijuana Violation Reclassification Rules Package

9:00 AM – 12:00 PM
Wednesday, September 22, 2021

Location: Virtual

Agenda

The Oregon Liquor and Cannabis Commission has initiated the third phase of the violation reclassification project to draft permanent administrative rules that revise the way compliance actions are administered. The proposed amendments in this package align OLCC administrative rule with legislation passed at the 2021 Regular Legislative Session.

Due to COVID-19, we are holding Rules Advisory Committee meetings virtually. Please note that invited committee members and OLCC are the only persons allowed to participate in the discussion. Please be respectful and mute your phone.

To listen to the meeting, dial: 1 (408) 650-3123; Access Code: 603-420-37

 

For more information, contact:
Madeline Kane, 503-872-5081
Email: olcc.rulemaking@oregon.gov

OLCC Commissioners Ratify Stipulated Marijuana Violation Agreement

OREGON: At its monthly meeting August 19, 2021, the Commissioners of the Oregon Liquor and Cannabis Commission ratified the following violation fines and suspensions based on stipulated settlements (detailed information on specific cases can be found on the OLCC website): 

SUNNY RA ACRES, Inc. in Shady Cove will pay a $4,950 fine OR serve a 30-day recreational marijuana producer license suspension for one violation.

Licensees are: Sun Breeze, Inc.; Brie Malarkey, President/Director/Stockholder; Jon Cunningham, Secretary/Treasurer/Director/Stockholder.

HIGH COUNTRY ORGANIC FARMS in Estacada will pay a $5,610 fine OR serve a 34-day recreational marijuana producer license suspension for four violations.

Licensees are: High Country Organic Farms, LLC; Christopher Kemper, Kelly Morgan, John Meyer Jr, and Rich Meyer, Members.

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*The locations of OLCC marijuana producer, processor and wholesale licensees are exempt from public disclosure under Oregon law.

A copy of the Stipulated Settlement Agreements for Marijuana Violation Cases can be found on the OLCC website, on the Laws & Rules page under the Final Orders section.

Oregon Liquor and Cannabis Commission Workgroup Meeting Inhalables, Artificially Derived Cannabinoids, & Concentration Limits

Oregon Liquor and Cannabis Commission Workgroup Meeting
Inhalables, Artificially Derived Cannabinoids & Concentration Limits

August 24, 2021 – 2:00 PM – 5:00 PM

AGENDA

This meeting will be held virtually.

To listen to the meeting dial: 1 (224) 501-3412; Access Code: 598-748-669

Audio from the meeting will be posted on our website after the meeting. Please allow 7-10 business days for it to be posted.

For questions or more information: olcc.rulemaking@oregon.gov

OLCC Changes Name, Agency Stays Focused On Same Mission

Now known as Oregon Liquor & Cannabis Commission

OREGON:  On Monday, August 2nd, 2021, the OLCC became the Oregon Liquor and Cannabis Commission, dropping the word “Control” that had defined the agency’s original post-Prohibition mission. Previously referred to as the Oregon Liquor Control Commission, the agency began regulating recreational marijuana after voters approved Measure 91 in November, 2014.

This change comes five years after voters passed Measure 91 which directed the agency to establish a framework for regulating Oregon’s recreational marijuana marketplace. While the change updates the agency’s name to better reflect its mission, the OLCC acronym will remain the same.

“The industries we regulate matter, they matter a lot to the state of Oregon’s economy,” said Paul Rosenbaum, Chair of the Oregon Liquor & Cannabis Commission. “The cannabis industry in Oregon has become a billion dollar business and changing our agency name reflects our role in generating revenue to fund state programs.”

Newly issued alcohol and marijuana licenses, and alcohol server and marijuana worker permits, will be modified to include the new name and logo. Existing versions of these official documents continue to be valid with the agency’s previous name and logo, and will be replaced when the licensee or permit holder renews them.

The OLCC will make minor public facing adjustments to reflect the name change; the modifications will have a minimal cost. Exterior signage at OLCC headquarters and regional offices will gradually be brought up-to-date. Documents on the agency website will continue to be updated with the new OLCC logo. The agency will deplete its existing stock of paper documents branded with the agency’s old name and logo; these items will be replenished with the new name and logo when existing supplies are exhausted.

The OLCC was originally created in 1933, in the wake of national alcohol prohibition being repealed by the adoption of the 21st amendment to the US Constitution. At that time, America was laboring to rise out of the “Great Depression” and the world stage was being set for the start of World War II. In 1933, Oregon’s Liquor Control Act became law and directed the OLCC to sell distilled spirits and to license businesses to sell beer and wine.

Agency name changes occur as their mission evolves; however, it’s not common. According to information provided by the State Library of Oregon, during the past 30 years there have been about 10 Oregon agencies that have changed their name. The most recent change was when the State Library itself changed its name in 2017 to clarify that it wasn’t affiliated with Oregon State University.

Now 88 years later, the OLCCs mission has grown to include managing compliance with Oregon’s Bottle Bill, marijuana regulation and oversight of specific aspects of the state’s hemp market. Historically, the OLCC has and continues to play a vital role generating funding for schools, public safety and health programs. In recent years, combined sales from its alcohol and marijuana programs contribute $400 million annually to those vital programs. The success of Oregon’s cannabis market can be measured in the adult-use marijuana market becoming a $1 billion industry in 2020 and projected to continue at that level in 2021.

While establishing a regulated cannabis market has required the investment of financial and personnel resources, the agency has remained committed to supporting bars and restaurants through sensible upgrades to Oregon’s alcohol regulatory environment balanced with public safety protections.

“Our name may have changed, but our mission to serve the businesses we license, the consumers we protect, and the communities we support by generating revenue for the state – all of those things remain the same,” said Steve Marks, OLCC Executive Director. “For the next two years we’re going to concentrate on helping the cannabis and hospitality industries re-establish and grow their business, while ensuring revenue stability for the state. That’s the immediate focus of the Oregon Liquor & Cannabis Commission.

The COVID-19 pandemic uniquely challenged Oregon’s hospitality industry requiring businesses and the agency to innovate to keep businesses open, while constrained by public health guidelines designed to limit the spread of the virus. Agency staff worked directly with licensees, public safety groups and elected officials to find solutions for long-standing challenges. This included: creating an option for cocktails-to-go, while modifying rules to allow for curbside delivery, and enabling businesses to expand outdoor seating.

During the remainder of 2021, the OLCC will be working through other legislative changes to help the alcohol and cannabis industries build back their business. This will include reviewing existing policies and working with partners to cut red-tape and find operational efficiencies while continuing to generate vital revenue for the state of Oregon.

Licensees and others doing business with the Oregon Liquor and Cannabis Commission should still make their payments out to the “OLCC.” So even as the OLCC continues to evolve to better serve Oregon, the acronym will remain the same.

OLCC Seeking Rule Advisory Committee Participants

Are you interested in helping the Oregon Liquor Control Commission to draft rules and policies?

The Oregon Liquor Control Commission is looking to broaden and diversify its pool of prospective Advisory Committee participants. We are collecting information from interested individuals and industry representatives to lend their expertise to OLCC Advisory Committees.

Throughout the course of the year, the Commission will being holding multiple Advisory Committees to implement legislative policies and update rules. Committee members aid in rule and policy making, help set programmatic direction, and serve as subject matter experts.

The Commission will use the collected information to construct committees based on qualifications and interests. The agency’s goal is to identify stakeholders with varied perspectives, backgrounds, and expertise to participate in agency Advisory Committees. Applicants should recognize that this is a professional commitment when considering to apply. This is an open and rolling application process.

Prospective participants will be notified by the OLCC if they have been selected to take part in an Advisory Committee.

Alcohol Advisory Committee Application

Cannabis Advisory Committee Application

 

Oregon Governor Brown Signs Hemp Regulatory Bill

Testing of southern Oregon hemp farms starts this week

 

OREGON:  At a special commission meeting on July 19, 2021, the Oregon Liquor Control Commission (OLCC) approved temporary rules allowing the agency to work with the Oregon Department of Agriculture (ODA) to begin field testing of hemp fields across Oregon; these tests are to determine if the grows are legitimate or illegal. The OLCC rules follow yesterday’s signature by Oregon Governor Kate Brown of House Bill 3000, which also establishes standards to prevent minors from purchasing intoxicating products derived from hemp. 

The OLCC temporary rules establish a limit on the level of THC (the intoxicating ingredient in marijuana) that can be in a hemp-derived product. In addition, it creates methods for testing hemp in the field to distinguish between true hemp and marijuana.

This week, starting in southern Oregon, OLCC and ODA will begin to inspect registered hemp grow sites equipped with THC field testing units. “Our objective through the remainder of the summer and into the fall is to make sure that every field gets these tests done,” said OLCC Executive Director Steve Marks.

There are four main components to HB 3000:

  • Regulating cannabis intoxicants
  • Curbing illegal production of cannabis
  • State program compliance with the 2018 Farm Bill
  • Establishing a task force to address the regulation and marketing of growing cannabis in Oregon

Under the new law, sales of adult-use cannabis items to minors are immediately prohibited. Previously a form of THC, Delta-8-THC, could be produced from hemp and used to make products with higher potency levels than marijuana. However, Delta-8-THC was being sold outside Oregon’s regulated market and could be found at neighborhood convenience stores, where children could buy it. In January of 2022, the OLCC, ODA, and the Oregon Health Authority (OHA) will set new potency and concentration limits for THC and other cannabis intoxicants in hemp products intended for sale to adults.

The legislation requires establishing tracking requirements for cannabinoid hemp commodities and products intended for human consumption, similar to tracking cannabis products sold in the OLCC regulated recreational or adult-use market.

HB 3000 gives OLCC and ODA tools to target illicit production of hemp. Specifically around cannabis being illegally produced because it is unregistered or under the guise that it’s hemp. OLCC inspectors will support ODA’s staff, with law enforcement providing necessary protection and safety assessments to the joint inspection teams. Together the agencies will  inspect hemp grow sites to test the crop’s THC levels to determine compliance with Oregon’s Hemp Program and, if necessary, take enforcement action, which could include crop destruction.

The law amends Oregon’s hemp laws to align with state statues, 2018 Farm Bill requirements and the US Department of Agriculture’s final rules. Oregon will submit a State Plan to USDA demonstrating key compliance measures, including the authority for criminal records checks and allowing license denials based on a hemp registration applicant’s criminal record.

OLCC and ODA staff will brief southern Oregon elected officials on the inspection plans later this week as inspectors get ready to fan out across Jackson and Josephine counties. However, OLCC Executive Director Marks indicated that legitimate hemp farmers should have no concerns.

“We’re really not trying to define what hemp is here: we’re really trying to spot check and take a minimum amount of samples to figure out what is commercial marijuana,” said Marks. “This will enable ODA or law enforcement to stop the illegal production of marijuana disguised as hemp production.”

The OLCC temporary rules remain in effect until January 1, 2022, when additional other legislative requirements of HB 3000 go into effect.

OLCC Continues Transformation As Oregon’s Cannabis Regulator

Commission contemplates agency’s pending name change

Legislature adds to OLCC’s responsibilities, boosts agency budget

OREGON:  In the wake of Oregon’s recently completed 2021 legislative session, the Oregon Liquor Control Commission began contemplating the strategic path the agency will take to implement new regulatory responsibilities. That was one of the matters Commissioners covered during their regularly scheduled monthly meeting on Thursday, July 15, 2021.

The Commission also approved penalties in several stipulated settlements for violations committed by recreational marijuana licensees, placed restrictions on three recreational marijuana licenses, and approved a temporary rule adjusting a Cannabis Tracking System requirement.

Oregon lawmakers approved a series of bills that will continue the transformation of the OLCC’s regulatory responsibilities from an agency focused on oversight of the alcohol industry to a regulator engaged in consumer protection of alcohol and cannabis products, control of adult intoxicants, and upholding public health and safety laws. The agency’s evolving mission is reflected in a law changing the agency’s name to the Oregon Liquor & Cannabis Commission that takes effect August 2, 2021.

The OLCC also provided technical support to legislators working to curb illegal hemp and marijuana production and bring hemp produced intoxicating products under stricter control. Currently Delta-8-THC, which is chemically extracted from hemp, can be sold to children at neighborhood convenience stores; House Bill 3000 requires the OLCC to keep THC products away from kids. HB 3000 also directs OLCC to work the Oregon Department of Agriculture and other state and local government agencies to crack down on illegal cannabis grows.

“What’s going on in southern Oregon with the cartel takeover of cannabis growing through the guise of hemp and our role in being able to enforce that is all incredibly important,” said OLCC Executive Director Steve Marks. “We and our partners are poised to begin eradicating this illegal activity, to bring stability to disrupted communities starting in Jackson and Josephine counties, and to ensure that our legal, licensed, tax-paying cannabis licensees aren’t being undermined by illegal market activity.”

The legislature approved the OLCC’s plan to modernize its licensing system and alcohol distribution and tracking infrastructure, approving funding for information technology upgrades and a new consolidated warehouse. Even before the pandemic distilled spirits sales have grown steadily year-over-year straining the existing capacity at OLCC’s two warehouses. Without the expansion the state is projected to lose $586.9 million during the next decade. The OLCC has been laying the groundwork to acquire a new warehouse for more than a year.

”Where this agency has to go, we really have to help all of our licensees,” said Marks. “The hospitality industry, alcohol and cannabis move on to post-Covid recovery. We’ve got a lot of challenges there for the industry next two years. To make sure Oregon’s economy is strong and we do our part with that with the resources given to us.”

Commissioners ratified the following violation fines and suspensions based on stipulated settlements (detailed information on specific cases can be found here on the OLCC website):

BLACK MARKET PRODUCTIONS will pay a $4,950 fine OR serve a 30-day recreational marijuana producer license suspension for one violation.

Licensee is: BM Productions, LLC; Daniel Shandy, Member.

TRYKE CITY in Brookings will pay a $5,750 fine OR serve a 23-day recreational marijuana retailer license suspension for one violation (second-level).

Licensee is: Tryke City, LLC; Bryan Grant, Member; Han Bao Liu, Member.

EXODUS WELLNESS CENTER in Portland will pay a $5,610 fine OR serve a 34-day recreational marijuana retailer license suspension for four violations.

Licensee is: Cathleen Huffine, Co-Licensee; Rick Dudley, Co-Licensee.

TELOS CONSULTING will surrender its recreational marijuana producer license for three violations, on the date the transfer of ownership of the business is completed or on October 15, 2021, whichever is earlier.

Licensees are: Telos Consulting, LLC; Yaqun Liu, Member.

The licensees of BULL MOON received a letter of reprimand for two violations. The licensees surrendered their recreational marijuana producer license to the OLCC on May 27, 2020.

Licensees are: Bull Moon, Inc.; Thomas Ertel, President/Secretary/Treasurer/Director; Tailed J, Inc., Stockholder; Thomas Ertel, President/Secretary/Treasurer/Director/Stockholder.

The licensees of SOLSGREEN received a letter of reprimand for seven violations. The licensees surrendered their recreational marijuana producer license to the OLCC on April 9, 2021.

Licensee is: P&E Green Solutions, LLC; Pedro Morales, Managing Member.

MARK SCHENK; permit holder will pay a $350 fine or serve a 14-day marijuana worker permit suspension for two violations.

The Commission approved restrictions to a recreational marijuana producer license for the applicants of

EUGENIUS. The applicant’s landlord, who will benefit or suffer financially from the proposed business, has a poor record of compliance as a recreational marijuana licensee. The license restrictions require that the landlord not have any involvement in the operation or management of the business, not act as employee or agent of the business, and not be on the licensed premises at any time.

The Commission approved restrictions to a recreational marijuana producer license for the applicants of FALAHI and a marijuana processor license for the applicants of FALAHI. The applications included one individual who has a poor record of compliance as a recreational marijuana licensee. The license restrictions requires the licensee to prohibit one individual from any involvement in the operation or management of the business, or to provide any services to the business, and not be on the licensed premises at any time. The licensee and their employees are also required to complete additional Cannabis Tracking System (CTS) training and to put in place protocols to ensure better CTS compliance.