OLCC Commission Action On Rules February 2019

Recreational retail shops won’t be open until October.

OREGON: On February 21, 2019, the Oregon Liquor Control Commission took the following rule-making actions:

FINAL ACTION

Industrial Hemp Package

  • House Bill 4089 passed during the 2018 legislative session. The bill alters the way hemp items can enter the Oregon Liquor Control Commission licensed system.
  • This package allows for additional license types to receive industrial hemp items from growers and handlers registered with the Oregon Department of Agriculture.
  • It also requires that hemp items received by OLCC licensees are tracked using the seed-to-sale tracking system.
  • ACTION:
    • The Commission approved the amendments to amend OAR 845-025-1015, -1060, -1335, -2700, -2750, -2800, -3210, -3215, -3285, -3500, -8520, -8590.
    • The Commission adopted 845-025-2705, -2755, -2760, -2775, -2785.
    • The Commission repealed 845-025-3285.
    • These actions are effective March 1, 2019.

For more information, contact Bryant Haley: bryant.haley@oregon.gov

OLCC Commissioners Ratify Stipulated Settlement On Recreational Marijuana License

OREGON:  At its monthly meeting April 19, 2018, the Commissioners of the Oregon Liquor Control Commission ratified the following fines and/or marijuana license suspensions and destruction orders based on stipulated settlement:

Jenny’s Dispensary, Deschutes County; will pay a fine of $6,105 or serve a 37-day recreational marijuana retailer license suspension for two violations.  The first violation is for the licensee or its employees, agents, or representatives failing to keep surveillance recordings for a minimum of 90 calendar days.

The second violation is for is for the licensee or its employees, agents, or representatives failing to store marijuana items for sale in such a manner that the items were only accessible to authorized representatives until such time as the final sale to the consumer was completed.  Licensee is Jenny’s of Oregon, Inc.; David Rosen, President/Secretary.

CBD Oil; permitted its processor license to expire, accepted a Letter of Reprimand for the charged violations, and withdrew its request for a hearing for four violations.  The first violation is for the licensee or its employees, agents, or representatives operated other than as its license permits by delivering marijuana items to or on an area that was not a licensed premises, and/or by selling, transferring, delivering, transporting, purchasing, or receiving marijuana items other than as provided in OAR 845-025-3215(1), when it sold, transferred, delivered and transported the product “Modern Medicinals CBD Oil,” a cannabinoid extract, to non-licensed retailers and entities including, without limitation, Mandala Medicine & Wellness in Portland, Oregon, and Salem Hypnosis Solutions in Salem, Oregon.

The second violation is for the licensee or its employees, agents, or representatives intentionally failed to accurately enter data into the cannabis tracking system (CTS) that fully and transparently accounted for all inventory tracking activities, by adjusting the weight of packages in order to divert product out of the licensed system and elude the seed-to-sale CTS.

The third violation is for the licensee or its employees, agents, or representatives failed to accurately enter data into the cannabis tracking system (CTS) that fully and transparently accounted for all inventory tracking activities, by failing to finish and create manifests for 32 packages in its CTS inventory that were not present on the licensed premises on October 24, 2017, and that licensee claimed to have shipped on October 23, 2017; by failing to discontinue packages in CTS that had no content; and by failing to account for at least seven missing packages that did have content according to CTS.

The fourth violation is for the licensee or its employees, agents, or representatives distributed printed materials advertising its recreational marijuana product “CBD Oil” as having “comprehensive pain relief properties” and “medicinal effects” such as “relieves pain and inflammation,” “has antipsychotic effects,” “reduces anxiety,” “helps fight cancer,” “relieves nausea,” “may treat seizures and other neurological disorders,” and “promotes cardiovascular health.” On or about December 1, 2017, Licensee’s website claimed that its recreational marijuana product “CBD Oil” has curative or therapeutic effects in that it was stated to be highly effective in treating pain.

Licensee is Modern Medicinals, LLC; Jeffrey Hilber, Managing Member.

Medigreen Collective, Multnomah County; will surrender its retail license upon the transfer of ownership of the business for one violation, which was the licensee’s thirdCategory I violation within two years.

The violation is for the licensee or its employees, agents, or representatives failing to keep surveillance recordings for a minimum of 90 calendar days.  Licensee agrees to accept a Letter of Reprimand for this violation.  This reprimand will become a permanent part of Licensee’s Commission file and may be considered in any future application for any license by Licensee.  Licensee is MTO Holdings, Inc., Luay Tomeka, President/Stockholder.