Oregon: OLCC Commission Approves Marijuana Licensee Stipulated Settlements

OREGON: At its regular monthly meeting on August 20, 2020, the Oregon Liquor Control Commission approved six marijuana violation stipulated settlement agreements. The Commission also ratified the following violation fines and suspensions based on stipulated settlements (detailed information on specific cases can be found here on the OLCC website):

  • KALEAFA GRESHAM in Gresham will pay a fine of $7,000 for one violation, consolidating multiple packaging and labeling violations, against its recreational marijuana retailer license.

Licensee is: 1450 SE Orient, LLC; Chris Ostlund, Member; WWMP, LLC, Member; 3 Kids, Inc., Member; John Widmer, President/Stockholder; Julie Widmer, Secretary/Stockholder; Visionary Enterprises, Inc., Member; Rod Maguire, President/Stockholder; Melissa Maguire, Secretary/Stockholder.

KALEAFA will pay a fine of $28,000 for one violation, consolidating multiple packaging and labeling violations, against its recreational marijuana wholesaler license.

Licensees are: WWMP, LLC; 3 Kids, Inc., Member; John Widmer, President/Stockholder; Julie Widmer, Secretary/Stockholder; Visionary Enterprises, Inc., Member; Rod Maguire, President/Stockholder; Melissa Maguire, Secretary/Stockholder.

  • CANNA FLOW FARMS will pay a fine of $6,435 OR serve a 39-day recreational marijuana producer license suspension for two violations.

Licensees are: CannaFlo Farms, LLC; Jeffrey Schlageter, Member.

  • IVY CANNABIS will pay a fine of $4,125 OR serve a 25-day recreational marijuana wholesaler license suspension for three violations.

Licensees are: Attikus Enterprises, Inc.; Matthew Schwimmer, President/Stockholder; David Schwimmer, Vice President/Secretary/Stockholder.

  • MODERN FOREST in Lebanon will pay a fine of $14,025 OR serve an 85-day recreational marijuana retailer license suspension for two violations.

Licensee is: Modern Forest, LLC; Charles Troxell, Member; Laura Troxell, Member; Sven Roberts, Member; Amber Roberts, Member.

  • BUTTE CREEK FARMS will pay a fine of $14,850 OR serve a 90-day recreational marijuana producer license suspension for four violations.

Licensees are: Butte Creek Ranch Farm 1100, LLC; Thor Thompson, Member; Deborah Gadberry, Member; Tyler Lennick, Member.

OREGON: OLCC Commission Takes Step to Continue Curbside Delivery

Begins Process to Ban Additives in Inhalable Cannabis Products

Commissioners Also Approve Marijuana Licensee Stipulated Settlements

 

OREGON:  At its regular monthly meeting on June 18, 2020, the Oregon Liquor Control Commission moved to extend the ability of licensed marijuana retailers to continue curbside delivery, and took the first step towards adopting rules that would ban non-cannabis additives from inhalable cannabis products.  Commissioners also approved six marijuana violation stipulated settlement agreements.

In the wake of the COVID-19 pandemic the OLCC, in order to promote social distancing required under the Governor’s Executive Orders, approved a temporary rule allowing licensed marijuana retailers to make “curbside delivery” within the immediate vicinity of their licensed (premises) retail store. That temporary rule expires in September 2020 and cannot be extended with another temporary rule.

Because the duration of the pandemic remains unknown, measures aimed at accommodating social distancing requirements and minimizing person-to-person contact remain critical to protecting public health. The proposed rule provides licensed marijuana retailers flexibility in how they can deliver to consumers at their licensed premises.

In the fall of 2019, a number of Oregonians suffered from the outbreak of vaping-associated lung injury (VALI) linked in part to inhalable cannabis products.  As of March, 2020, Oregon had 23 reported cases of VALI, including two fatalities.  VALI has been tentatively linked to additives combined with cannabis oil.

Commission staff are attempting to address consumer product safety concerns by prohibiting all processed non-cannabis additives from being added to inhalable cannabis products. Non-cannabis vaping additives are used in cannabis vaping products for a variety of purposes, including dilution, flavor, and effects.  However, non-cannabis additives are not necessary to make a vape product work with vaping technology.

Although the additives may be generally recognized as safe (GRAS) for ingestion, the same cannot be said for their inhalation. There is no regulatory body that evaluates the safety of these ingredients when inhaled, and additive makers do not disclose all of their ingredients due to trade secret concerns.

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

  • MAHALO in Hillsboro will pay a fine of $3,795 OR serve a 23-day recreational marijuana retailer license suspension for one violation.

Licensee is: Mahalo, Inc.; Frankie Powell, President/Secretary/Director/Stockholder.

  • PLANE JANE DISPENSARY in Portland will serve a 30-day recreational marijuana retailer license suspension OR pay a fine of $3,795 AND serve a seven-day suspension for one violation.

Licensees are: Plane Janes’ LLC; Patricia Wiegele, Member.

  • MYLES MYERS will pay a fine of $750 OR serve a 30-day marijuana worker permit suspension for one violation.

Marijuana Worker Permit #393L5E.

  • GREEN BOX in Portland will pay a fine of $2,640 OR serve a 16-day recreational marijuana retailer license suspension for two violations.

Licensees are: Green Box, LLC; Adrian Wayman, Member; Robert Wayman, Member.

  • PARADISE FOUND in Portland will pay a fine of $10,230 OR serve a 62-day recreational marijuana retailer license suspension for two violations.

Licensees are:  JIMO Holdings, LLC; Joseph Cohen, Member; Idan Magal, Member; Arman Daytian, Member/Manager.

  • WINDS OF CHANGE* will surrender its recreational marijuana producer license suspension for eight violations.

Licensees are:  Winds of Change, LLC; James McQuade, Member.

OLCC Commission Adopts Updated Rules For Marijuana Program

Approves Marijuana Licensee Stipulated Settlements

OLCC logo

OREGON: At its monthly meeting on January 16, 2020, the Commissioners of the Oregon Liquor Control Commission approved five marijuana violation stipulated settlement agreements.  The Commission also adopted changes to the rules for the Recreational Marijuana Program that address technical fixes and changes made during the 2019 legislative session.

Many of the approved changes in the Division 25 rules affect all licensees while some apply to a specific license type.  The new rules take effect February 1, 2020.

Under the new rules, all licensees must notify the OLCC at least 15 days in advance of losing access to their licensed premises.

Additional rule modifications that effect all licensees include:

  • Clarifications regarding video surveillance and quality control samples;
  • A deadline change for daily reporting into the Cannabis Tracking System; and
  • An adjustment to the tracking of marijuana items transported around the state.

There are news rules for licensed marijuana producers regarding:

  • Canopy area designation; and
  • Providing proof of consent from the property owner for the location where the producer is growing their marijuana crop.

For producer, processor and wholesaler licensees there are new trade sample limits, and new THC concentration and testing limits for OLCC certified hemp growers and handlers (processors.)

Commission staff plan to release guidance and other communications to licensees and stakeholders before the new rules take effect February 1, 2020.

Additionally, the Commission approved the following fines and/or marijuana license suspensions, license surrenders, or marijuana worker permit surrender based on stipulated settlements:

Nutritional High* will pay a fine of $4,950 OR serve a 30-day recreational marijuana processor license suspension for one violation.

Licensees are: Nutritional High (Oregon), LLC; NH Operations, LLC, Member; Nutritional High (Colorado), Inc., Member; David Posner, President; Adam Szweras, Secretary/Treasurer; NHII Holdings Ltd., Stockholder; Nutritional High International, Inc., Stockholder; Vernon Frazier, President.

Oregon Cannabis CO in Albany will pay a fine of $4,450 OR serve a 27-day recreational marijuana retailer license suspension for three violations.

Licensee is: Oregon Cannabis Co Rec, LLC; Colin Andries, Receiver; Michelle Gold, Member; Bert Gold, Member.

World Famous Top Shelf Cannabis in Brookings will pay a fine of $16,830 ANDserve a 32-day recreational marijuana retailer license suspension OR serve a 134-day recreational marijuana retailer license suspension for eight violations.

Licensees are: Smart Choice Investments, LLC; Thomas Beckley, Member; David Grove, Member; Kevin Claussen, Member; Ryan Salas-Mitchell, Member.

Black Market Distribution* will pay a fine of $16,335 OR serve a 99-day recreational marijuana wholesaler license suspension for six violations.

Licensees are: Black Market Distribution, LLC; Aaron Mitchell, Managing Member.

Butte Creek Farms* will surrender its recreational marijuana producer license and each licensee agrees to accept a letter of reprimand for seven violations.

Licensees are: Butte Creek Ranch Farm 1801, LLC; Stephen Day, Jr., Member.

OLCC Holds Commission Meeting In Southern Oregon

OLCC Logo

Approves Alcohol and Marijuana Licensee Stipulated Settlements

OREGONCapping off a trip to southern Oregon to meet with cannabis and wine industry stakeholders, the Commissioners of the Oregon Liquor Control Commission held its monthly meeting on June 18, 2019 at Southern Oregon University in Ashland.

The OLCC is conducting listening sessions around the state with recreational marijuana licensees, and grape growers and winemakers, to learn about the concerns of, and issues facing these industries. Commissioners spent two days in the Rogue Valley learning about economic development and regulatory challenges.

“It’s critically important for people in southern Oregon for to see the people making these decisions about their businesses and important for us to have input from stakeholders here,” said Paul Rosenbaum, OLCC Chair. “We want to have an open mind and we wanted to express to folks here that we’ll listen to them, and then we’ll make decisions that are best for everybody.”

During its Ashland meeting, the Commission approved three alcohol violation stipulated settlement agreements.

Pine Shed Ribs and Barbecue, 17730 Pilkington Road, Lake Oswego, will pay a $1,485 civil penalty or serve a 9-day suspension for licensee permitting its Managing Member to mix, sell and serve alcoholic beverages, or supervise those who do, without a valid service permit. Licensee is Ribworks, LLC; Matthew Ramey, Managing Member; Jennifer Peterson, Member.

Yvonne’s / The 818 Lounge, 818 Main St., Ste. A & B, Oregon City, will pay a $1,485 civil penalty or serve a 9-day suspension for licensee permitting its employee, agent or representative to mix, sell and serve alcoholic beverages, or supervise those who do, without a valid service permit. Licensee is Yvonne’s LLC; Yvonne Haney, Managing Member; Raymond Haney, Member; Christopher Larsen, Member.

Gil’s Speakeasy, 609 ½ SE Taylor, Portland, will pay a $8,745 civil penalty or serve a 53-day suspension for the following three violations: 1) Licensee’s employee knowingly sold, gave or otherwise made available alcoholic beverages to visibly intoxicated person(s); 2) Licensee’s employee drank an alcoholic beverage while on duty; 3) Licensee permitted alcoholic liquor to be sold, dispensed, served or consumed on the licensed premises between 2:30 am and 7:00 am. Commission staff added two days of aggravation because violation one was repeated, and four days of aggravation because violation one and three each involved more than one patron. Licensee is Brett Gilhuly.

Commissioners also approved eight marijuana violation stipulated settlement agreements.

The Commission approved the following fines and/or marijuana license suspensions, license surrenders, or marijuana worker permit surrender based on stipulated settlements:

Green Depot* will surrender its recreational marijuana wholesaler license for six violations, and each licensee will receive a letter of reprimand.

Licensees are: Green State Wholesale, LLC; Odeh Halhouli, Member/Manager; Sadallah Kahuk, Member; Wahid Barghouthy, Member.

Oregon Grown in Portland will surrender its recreational marijuana retailer license suspension for three violations and the licensee will receive a letter of reprimand.

Licensee is: Oregon Grown Gift Shop LLC; George Haney, Managing Member.

The Local Market in Bend will pay a fine of $2,970 or serve an 18-day recreational marijuana retail license suspension for one violation.

Licensees are: High Desert Equity Partners, Inc.; Mustafa Soylemez, Pres/Dir/Stockholder; Jacob Onat, Treas/Dir/Stockholder; Mark Weisheit, Sec/Dir/Stockholder; Elizabeth Weisheit, Director/Stockholder.

Pilot Farms* will pay a fine of $2,805 or serve a 17-day recreational marijuana producer license suspension for two violations.

Licensees are: Pilot Farms, LLC, Matthew Dolinar, Member; Christopher Dolinar, Member; Louie Ryan, Member.

Weirdhouse Farms* will pay a fine of $8,085 or serve a 49-day recreational marijuana producer license suspension for four violations.

Licensees are: WH Enterprises, LLC; Kristina Schluter, Member.

Ghosttown Organix* will pay a fine of $4,950 or serve a 64-day recreational marijuana producer license suspension OR pay a fine of $10,560 or serve a 30-day license suspension for five violations.

Licensees are: GhostTown Organix, LLC; Chris Strawn, Member; Sheri Ramirez, Member; Rene Ramirez, Member.

Happy Camp* will pay a fine of $4,950 or serve a 30-day recreational marijuana producer license suspension for one violation.

Licensees are: Happy Camp, LLC; Kaitlyn Hartford, Member

Joint Effort Farms* will surrender its license for 10 recreational marijuana producer violations and each licensee will receive a letter of reprimand.

Licensees are: Joint Effort Farms, LLC; Cody Lowe, Member; Jose Orzoco, Member.

*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 Orderssection.