OLCC Seeks Input On Wildfire Impacts To Recreational Marijuana Licensees

OLCC Recreational Marijuana Licensee Wildfire Impact Survey

Survey designed to pinpoint problems, help create collaborative solutions

OREGON:  Wildfires around the state have had a devastating impact on Oregonians.  Authorities still don’t know how widespread the impact is. For evacuees and business owners who lived or worked in the fire zone there are plenty of challenges ahead.

If you’re an Oregon Liquor Control Commission Recreational Marijuana licensee impacted by the state’s wildfires please take 3 to 5 minutes to fill out this short survey.

Some recreational marijuana licensees have already notified the Oregon Liquor Control Commission that their businesses were destroyed by the fire. The OLCC is aware that there are many other licensees located in burn zones around the state. What OLCC doesn’t know is the extent of the damage to those licensed recreational marijuana businesses.

The OLCC wants to be able to help and advise licensees while ensuring that marijuana product remains secure, and accounted for in Oregon’s Cannabis Tracking System.

Licensees directly impacted by wildfire

That’s where we need help from our licensees. If you’re a licensee impacted by the fires please take a few minutes to fill out this short survey. If you know of an impacted licensee please let them know about the survey, and if need be help fill out the survey on their behalf.

Licensees not directly impacted by wildfire

If you have questions related to OLCC’s wildfire response, or have suggestions on how to address the regulatory situation and complexities caused by the wildfires please direct your questions by email to: marijuana@oregon.gov  Use the keywords “Wildfire Response” to start the subject line title.

Wildfire response by OLCC

The agency is working on an approach to address regulatory issues so we can accommodate licensees and help them maintain their operations.

The agency is also considering ways to best utilize our licensing staff to assist wildfire impacted licensees, while still maintaining our commitment to improve licensing processing for new applicants and licensees seeking renewals.

We’ll use the findings of the survey to directly inform temporary rules and licensing actions to help licensed businesses maintain operations to the greatest extent we are able. The more information you are willing and able to provide, the better able we will be to be responsive to the needs of our licensees.

Direct link to the OLCC Recreational Marijuana Licensee Wildfire Impact Survey:

https://www.surveymonkey.com/r/296WQD5

OREGON: OLCC Commission Approves Permanent Rules for Curbside Delivery

Continues social distancing approach to prevent spread of Covid-19

OMMP cardholder daily purchase increased

Marijuana license stipulated settlements approved

OREGON:

At its regular monthly meeting on September 11, 2020, the Oregon Liquor Control Commission approved permanent rules allowing licensed recreational marijuana retailers to continue curbside delivery transactions, and increased the marijuana flower purchase amount for OMMP cardholders and caregivers. The Commission also approved ten marijuana violation stipulated settlement agreements.

Shortly after the COVID-19 pandemic started, the OLCC approved temporary rules designed to prevent the spread of the COVID-19 virus. The change encouraged social distancing by allowing licensed marijuana retailers to conduct limited transactions outside but close to their physical location. Under the permanent rule licensed retailers can continue to take orders and deliver product to a person outside the store and within 150 feet of the retailer’s licensed premises.

The Commission believes this has proven to be an effective approach to limiting interactions and exposure to COVID. Although this rule is being made permanent due to the pandemic, commission staff will revisit this rule at a later date.

Commissioners also approved continuing the daily purchase limits for OMMP cardholders and caregivers that were approved in temporary rule on March 22, 2020. OMMP cardholders and caregivers will continue to be able to purchase up to 24 ounces per day and no more than 32 ounces per month.

The permanent rules take effect September 18, 2020.

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):

Green Valley Wellness in Talent will pay a fine of $4,950 OR serve a 30-day recreational marijuana retailer license suspension for one violation.

Licensee is: Green Valley Wellness, LLC; P&M Holdings, LLC; Peter Gross, Member; Michael Monarch, Member.

Ahanu Yates; permitee will serve a 30-day marijuana worker permit suspension or pay a $750 fine.

Crystal O’Connell; permitee will serve a 30-day marijuana worker permit suspension or pay a $750 fine.

Juliet King; permitee will serve a 30-day marijuana worker permit suspension or pay a $750 fine.

Tyler Kinert; permitee will serve a 30-day marijuana worker permit suspension or pay a $750 fine.

Heiple L3 will pay a fine of $1,155 OR serve a seven-day recreational marijuana producer license suspension for one violation.

Licensees are: Heiple L3, LLC; William Ng, Member.

Yachats Cannabis Company in Yachats will pay a fine of $1,155 OR serve a 7-day recreational marijuana retailer license suspension for one violation.

Licensees are: Yachats Cannabis Company, LLC; Aaron Bishop, Member; Kati Bishop, Member.

Dark Star Productions will pay a fine of $8,085 OR serve a 49-day recreational marijuana wholesaler license suspension for three violations.

Licensees are: Dark Star Productions, LLC; Kinyon Case, Member; Michelle Case, Member; Diania Turner, Member; Kacie Hersh, Member.

Lucky Lion/Dutch Alchemy in Eugene will pay a fine of $4,950 AND serve a two-day recreational marijuana retailer license suspension, OR serve a 32-day recreational marijuana retailer license suspension for one violation.

Licensees are: Dutch Alchemy, LLC; Hilltop Consulting, Inc., Member; Jake Hill, President, Director, Stockholder; Jacqueline Hill, Secretary, Treasurer, Stockholder.

Greenhill Cannabis Farms will surrender its recreational marijuana producer licenseAND each licensee agrees to accept a letter of reprimand for six violations.

Licensees are: Greenhill Cannabis Farms, LLC; Joshua McNamara, Member.

OLCC Compliance Education Bulletin: Medical Sales To A Designated Caregiver

OREGON: The OLCC has added a “Bulletins” section to its Recreational Marijuana Program website with important information for licensees and marijuana worker permit holders.

The Oregon Liquor Control Commission is providing the following information to: recreational marijuana licensees.

The bulletin is part of OLCC’s compliance education. It is important that you read it, and understand it.If you don’t understand it please contact the OLCC for help.

Failure to understand and follow the information contained in this bulletin could result in an OLCC rules compliance violation affecting your ability to work or operate your business.

A bulletin previously issued by Metrc inadvertently provided the incorrect date for when the CTS functionality change takes place.  The change in Metrc is effective starting September 14, 2020.

Bulletin CE2020-04 covers the following issues:

  • Medical Sales to a Caregiver
  • Sales Limits to Caregivers and Patients
  • New Metrc Functionality – Designating Caregiver Sales

Compliance Education Bulletin CE2020-04 provides updated guidance on medical sales to a Designated Caregiver, sales limits caregivers and patients, and changes in Metrc functionality for caregiver sales.

Medical Sales to a Designated Caregiver

The Oregon Medical Marijuana Program (OMMP) provides for patients to designate a caregiver who can purchase and possess marijuana items for the patient. The caregiver’s card references both the caregiver’s and patient’s registration number.

Effective September 14, 2020 new functionality in the Cannabis Tracking System (CTS), Metrc, now allows retailers to designate sales as “caregiver” sales, in addition to consumer and patient. When a caregiver sales is recorded, either manually in Metrc or through API or CSV upload, the retailer must input both the patient and caregiver numbers.

Rules allow for a patient and their caregiver to jointly possess up to 24 ounces of usable marijuana. This is to say, a retailer may sell up to the daily limit under both the patient’s and caregiver’s cards under the caregiver sales. This will go into effect when the daily sales limit returns to 8 ounces on September 18, 2020.

The bulletin describes the new functionality in Metrc and provides a step by step guide to entering a caregiver sales manually in the system. Metrc has previously provided API partners with details on this addition, so they should be ready to use this functionality in their systems.

Questions regarding the contents of this bulletin may be sent to marijuana.cts@oregon.gov.

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.

OLCC Rules Advisory Committee Meetings Added Substances in Marijuana Rules Package AUDIO

OREGON:  The OLCC has released the audio from the July 29, 2020 Licensee and Industry RAC. The topic of the advisory meeting was draft rules concerning additives and added substances in the states legal marijuana products.

Listen to the audio here:

 

OLCC Marijuana Advisory Committee Meeting Is Thursday July 9, 2020

OREGON: The next OLCC Marijuana Advisory Committee Meeting will take place Thursday, July 9, 2020

Due to the outbreak of COVID-19, we are holding our meetings virtually. An audio recording of the meeting will be posted on our website.

You can listen live using your phone: 1 (872) 240-3311 Access Code: 786-241-877

 

OLCC Commission Approves Marijuana Licensee Stipulated Settlements

OREGON: At its regular monthly meeting on May 28, 2020, the Oregon Liquor Control Commission approved four marijuana violation stipulated settlement agreements:

MANA FARMS * will pay a fine of $2,640 OR serve a 16-day recreational marijuana producer license suspension for two violations.

Licensee is: Mana Holdings, LLC; Gordon Massie, Member; WWM, LLC, Member; Morgan Whitford, Member; Shadow Ray Unltd, LLC, Member; Reuben Ray, Manager/Member; Joint Holdings, LLC, Member; Sean Carriger, Manager/Member.

TKO RESERVES* will pay a fine of $4,950 AND serve a 69 day recreational marijuana producer license suspension, OR pay a fine of $9,900 for two violations.

Licensees are: TKO Holdings, Inc.; Charlie Cassidy, Pres/Dir/Stkhldr; Joanne Beckett, Secretary; Tracy Bouchard, Treas/Dir/Stkhldr; Bruce Beckett, Director/Stkhldr.

TAP RELOOP* will pay a fine of $6,105 OR serve a 37-day recreational marijuana producer license suspension for two violations.

Licensees are: Tap-ReLoop, LLC, Co-Licensee; High Spirit Acres, LLC, Co-Licensee; Patrick Pooler, Member.

AJ’S NIRVANA FARM* will surrender its recreational marijuana producer licenseAND each licensee agrees to accept a letter of reprimand for two violations.

Licensees are: AJ’s Nirvana Farm, LLC; Michael Petrin, Member.

NECTAR in Portland will pay a fine of $3,465 OR serve a 21-day recreational marijuana retailer license suspension for one violation.

Licensees are:  Nectar Markets, LLC; Nectar Holdings, Inc., Member; Jeremy Pratt, Pres/Dir/Stkhldr; Jeffrey Johnson, Vice President; Michael Olson, Sec/Treas.

NECTAR* will either serve a 79-day suspension OR pay a fine of $11,880 AND serve a seven-day recreational marijuana wholesaler license suspension for eight violations.

Licensees are:  Nectar Markets, LLC; Nectar Holdings, Inc., Member; Jeremy Pratt, Pres/Dir/Stkhldr; Jeffrey Johnson, Vice President; Michael Olson, Sec/Treas.

NECTAR/APPLEGATE VALLEY (AVO) (#A0F3)* will either pay a fine of $4,950 OR serve a 30-day recreational marijuana producer license suspension for three violations.

Licensees are:  Applegate Valley Organics, LLC; Nectar Holdings, Inc., Managing Member; Jeremy Pratt, Pres/Dir/Stkhldr; Jeffrey Johnson, Vice President; Michael Olson, Sec/Treas.

NECTAR/APPLEGATE VALLEY (AVO) (#E7E2)* will either pay a fine of $8,250 OR serve a 50-day recreational marijuana producer license suspension for five violations.

Licensees are:  Applegate Valley Organics, LLC; Nectar Holdings, Inc., Managing Member; Jeremy Pratt, Pres/Dir/Stkhldr; Jeffrey Johnson, Vice President; Michael Olson, Sec/Treas.

NECTAR/APPLEGATE VALLEY (AVO) (#7A3E)* will either pay a fine of $4,950 OR serve a 30-day recreational marijuana producer license suspension for three violations.

Licensees are:  Applegate Valley Organics, LLC; Nectar Holdings, Inc., Managing Member; Jeremy Pratt, Pres/Dir/Stkhldr; Jeffrey Johnson, Vice President; Michael Olson, Sec/Treas.

NECTAR/APPLEGATE VALLEY (AVO) (#3833)* will either pay a fine of $19,800 OR serve a 120-day recreational marijuana producer license suspension for four violations.

Licensees are:  Applegate Valley Organics, LLC; Nectar Holdings, Inc., Managing Member; Jeremy Pratt, Pres/Dir/Stkhldr; Jeffrey Johnson, Vice President; Michael Olson, Sec/Treas.

NECTAR/APPLEGATE VALLEY (AVO) (#8267)* will either pay a fine of $13,200 OR serve an 80-day recreational marijuana producer license suspension for four violations.

Licensees are: Applegate Valley Organics, LLC; Nectar Holdings, Inc., Managing Member; Jeremy Pratt, Pres/Dir/Stkhldr; Jeffrey Johnson, Vice President; Michael Olson, Sec/Treas.

OLCC Commissioners Ratify Stipulated Alcohol Violations, Licensing Settlements And Takes Action On Rules

Commission Adjusts Alcohol Purchasing Hours to Accommodate Vulnerable Populations

OREGON: At its regularly monthly meeting on April 16, 2020 the Oregon Liquor Control Commission considered the concerns of older adult shoppers and persons with underlying medical conditions, in approving a temporary rule allowing OLCC licensed retailers to begin selling beer, wine and cider beginning at 6:00 AM, an hour earlier than previously allowed. Some grocery stores have been accommodating Oregonians vulnerable to the COVID-19 virus by opening their doors as early as 6:00 AM for these high-risk shoppers.

Many of this segment of shoppers were unaware that sales of alcoholic beverages could start no earlier than 7:00 AM, and complained to grocers and their elected representatives. The OLCC heard concerns that vulnerable populations wanting to purchase beer, wine, and cider were faced with choosing to make multiple trips to the store, or shopping when there were more customers present, thus putting these populations at higher risk.

Commissioners, also adopted temporary amendments that clarify and align delivery privileges for licensees making deliveries of malt beverages wine or cider. These amendments will ease some approval requirements.

“The impact of social distancing impacted these businesses quickly and severely,” said Steve Marks, OLCC Executive Director. “While these delivery methods were previously available to licensees, the Commission is streamlining delivery options to enable these licensees to continue with but a fraction of the business operations that they had prior to the COVID-19 public health crisis.”

Commissioners heard a presentation of oral arguments and rendered decision in the following contested case:

Ashley Groves Service permitee, Ashley Groves, shall be suspended for 10 days unless a civil penalty in the amount of $250 is paid within 10 days of the issuance of the final order for drinking alcoholic beverages while on duty at a licensed premise. Further, the Commission adopted staff’s exceptions to remove the second charge of allowing a patron to mix, dispense or serve alcoholic beverages for or to themselves for on premise consumption.

Commissioners ratified the following violation fines and suspensions based on stipulated settlement:

FIDO’S (F-COM) in Tigard, Licensee will install age verification and pay a $330 civil penalty or serve a two-day suspension for one violation.

Licensee is VSR Corporation; Scott Porter, President/Secretary/Stockholder; Vee Porter, VP/Treasure/Stockholder.

LU’S SPORTS BAR AND LOUNGE (F-COM) in Tigard, will serve a 23-day suspension or a $3,795 civil penalty for two violations.

Licensee is Lu’s Buffet, Inc.; Xu Jian Lu, President/Secretary/Treasurer/Director/Stockholder.

WHOLE FOODS MARKET in Tigard will pay a $1,485 civil penalty or serve a nine-day suspension one violation.

Licensee is Whole Foods Market Pacific NW, Inc. Keith Manbeck, President; Albert Percival, Secretary; Whole Foods Market, Inc., Stockholder; Anthony Gallo, President; Heather Stern, Vice President/Secretary; Michael Deal, Director; Walnut Sub Properties, LLC, Stockholder; Walnut Sub Enterprises, LLC, Member; Michael Deal, Manager; Amazon.com Services, Inc., Member; Michael Deal, President/Secretary/Treasurer; Jeff Van Hove, Vice President; Amazon.com, Inc., Stockholder.

WOODBURN MEGA FOODS in Woodburn, will pay a $1,485 civil penalty or serve a nine-day suspension one violation.

Licensee is B & E4, LLC; Bobby Ellis, Managing Member; Julie Ellis, Member.

RINGO’S BAR & GRILL in Beaverton surrendered its license on March 12, 2020, and the Commission accepted the surrender. Licensee will accept a Letter of Reprimand for one violation.

Licensee is Sunshower, Inc.; Joseph Ringo, President/Director/Stockholder; Kathleen Ringo, Sec/Director/Stockholder.

Temporary action taken on:

OAR 845-006-0425 – Hours of Sale. The temporary amendments to this rule would allow the sale of alcohol to start at 6:00 am; and thus, enable Oregonians who are at a higher risk for severe illness, such as older adults, to be in the store at a time when there are fewer customers in the store. These amendments are effective April 17th through October 13th, 2020.

OAR 845-005-0424 – Guidelines for Approval of a For-Hire Carrier’s Plan for Delivery of Malt Beverages, Wine or Cider. The temporary amendments align permissible delivery hours for carriers with the hours provided to direct shipper permit holders and off-premises sales licensees during the COVID-19 pandemic. These amendments are effective April 17th through October 13th, 2020.

OAR 845-005-0417 – Qualifications for Direct Shipment and Retail Delivery of Malt Beverages, Wine, or Cider to a Resident of Oregon. The temporary amendments eliminate the requirement for licensees, who are able to deliver malt beverages, wine and cider to Oregon residents, to obtain prior approval for same-day delivery.

OLCC Will Temporarily Accept Expired State Of Oregon Issued ID

OREGON: The Oregon Liquor Control Commission will allow alcohol and marijuana licensees to accept expired Oregon driver licenses or identification cards that expired, on or after March 8, 2020, as an acceptable form of identification.

This decision aligns with the Oregon Department of Motor Vehicles and law enforcement position, as DMV offices are closed because of the COVID-19 public health crisis preventing individuals from renewing their driver’s license or ID cards.

This temporary exception only applies to driver licenses and identification cards issued by the State of Oregon. This exception will remain in place while the Governor’s Executive Order 20-03remains in effect.

This addresses a concern, brought to the attention of the OLCC, faced by former Oregon Medical Marijuana Program cardholders, who have transitioned to the recreational marijuana system, but have driver’s licenses or identification cards that have expired.

On March 20, 2020, The Oregon DMV asked law enforcement to exercise discretion in enforcing violations due to expired credentials and the Oregon State Police, Oregon State Sheriff’s Association and the Oregon Association of Chiefs of Police have agreed to support this “grace period.”

Additional information can be found in the OLCC recreational marijuana program FAQ.

Information about COVID-19 related changes to OLCC rules, program and compliance/enforcement can be found on the OLCC COVID-19 Business Continuity page on the OLCC website.

OLCC Issues Guidance: What Do I Do If My Employee is Sick?

Guidance for OLCC Alcohol & Marijuana Licensees On What Action to Take If An Employee is Sick

OREGON: OLCC licensees are operating in a difficult business environment right now. To help slow the spread of COVID-19, the Governor’s March 17, 2020 Executive Order 20-07 prohibited on-site consumption of food and drink and gatherings of 25 or more people at bars, restaurants and similar establishments. But in adopting to this new reality, licensees also need to watch for one more thing: What to do if an employee becomes sick.

First, for those who are ill, the message is simple: Stay home, save lives. If you are experiencing symptoms of mild illness — fever, cough, mild shortness of breath — stay home. Stay away from others in your home, keep everyone in your household home, stay in touch with your doctor and wear a face mask.

Second, for licensees, know the signs and symptoms of COVID-19 and what to do if staff become symptomatic at your place of business. Encourage personal protective measures among staff such as staying home when sick, and increase the frequency of your cleaning/disinfecting schedule you’re already doing. Remember social distancing, and increase physical space between workers.

The CDC has published helpful fact sheets and information on cleaning and disinfection for Businesses and Organizations. Sign up for updates from the Oregon Health Authority for the most current information on COVID-19 in Oregon.

For more information and answers to common questions about COVID-19, visit coronavirus.oregon.gov