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

 

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 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

Oregon Marijuana Retail Licensees Allowed To Provide Curbside Delivery

Temporary Rule Aligns With Governor’s Executive Order to Promote Social Distancing

OREGON: The Oregon Liquor Control Commission approved a temporary rule that supports social distancing to promote prevention of the spread of the COVID-19 virus, by allowing licensed marijuana retailers to conduct limited transactions outside their licensed premises.  The action will permit retail licensees to take orders and deliver product from the retail store to a person who is outside of the store and within 150 feet of the retailer’s licensed premises.

At an emergency meeting to consider temporary rules impacting the business activity of OLCC licensees in the alcohol and marijuana industry, the Commission took its action to promote social distancing in the wake of the COVID-19 virus.  The Commission’s action aligns with the Governor’s Executive Order that prohibits public gatherings of 25 people or more, and encourages people to distance themselves by at least 3 feet while in public.

The temporary rule also increases the amount of flower that OMMP cardholders and caregivers can purchase to 24 ounces per day and no more than 32 ounces per month. This change temporarily increases the daily purchase limit for OMMP cardholders to match their personal possession limit. This rule does not change the total monthly amount a cardholder or caregiver is currently permitted to purchase from an OLCC-licensed retailer.

The temporary action that the Commission has taken is designed to balance the protection of public health while at the same time helping struggling businesses.  Marijuana industry guidance can be found here.

“Every single decision that this agency is making, both for the liquor and the marijuana industries, are there for the consideration of helping people make a living and continue to make a living,” said Paul Rosenbaum, OLCC Commission Chair.

During the period of March 1-18, 2020, OLCC marijuana retailers have seen a 25-30% increase in sales compared to the same period last year.  Retail marijuana stores remain open, but these changes will let them operate in a way that is consistent with the guidance from the Executive Order by decreasing in-store activity.

However the OLCC made it clear that if individual licensees take advantage of the temporary rule by disrupting public safety or public health that the rule could be suspended for the whole industry.

“We’re asking our retailers to make sure to work with the community and local officials so that this can happen in a safe and non-obstructive way to city services, otherwise we’ll need to make changes,” said Steve Marks, OLCC Executive Director.

Oregon Delivery, Curbside Pickup Rules Eased To Help During COVID-19 Crisis

Applications Prioritized, Temporary Action Eases Delivery Requirements

OREGON: The Oregon Liquor Control Commission took action designed to ease the economic hardship faced by the hospitality industry as result of public health mandates to help stop the spread of the novel infectious coronavirus (COVID-19).  The Commission’s action relaxes some of the requirements relating to delivery of malt beverages, wine and cider by licensees who qualify for same-day delivery.

At its monthly meeting today the Commission approved emergency rules to enable licensees that currently have an Off-Premises license – or a license that includes Off-Premises Sales Privileges with Same-Day Delivery approval to make delivery of malt beverages, wine and cider to customers at curbside. Home delivery was already permissible, but with the Commission’s action today, the hours for same-day delivery of alcohol have been extended to 2:30 a.m.

Separately, Commission staff have created a streamlined application process for existing Limited On-Premises Sales and Full On-Premises Sales Licensees (restaurants & bars) to start selling malt beverages, wine and cider to go. Qualified licensees can apply for a “90-day Authority To Operate” (ATO) with an Off-Premises Sales license.

“We are looking to help our licensees – economically helping them get every dollar they can, but also administratively by giving them the tools they need,” said Steve Marks, OLCC Executive Director. “These are difficult times for all our industries, and we are looking across our licensee types to do what we can do to help business.”

Curbside delivery includes delivery to a location that is within 100 feet of the boundary of the licensed premises. Licensees can utilize e-commerce operators (beverage & food-delivery app couriers) for delivery provided that the e-commerce providers and the licensees comply with amended delivery rules and the temporary policy which can be located here OAR 845-006-0392 and OAR 845-006-0396.

Licensees seeking to apply for a 90-day ATO with an Off-Premises Sales license can begin the process online here. Statewide there are approximately 5500 eligible licensees for this license; the processing time for each application will vary and a timeframe for granting the ATO cannot be specified.

The Governor of Oregon declared an emergency under ORS 401.165 due to the public health threat posed by the novel infectious coronavirus (COVID-19). The Governor has ordered that immediate implementation of social distancing and community mitigation measures necessary to slow the spread of COVID-19. The Governor’s March 17, 2020 Executive Order 20-07 further prohibits on-site consumption of food and drink at restaurants, bars, and similar establishments.   The penalty for failure to comply includes immediate suspension of the license of the licensed premises.

Licensees that have general questions about their license should contact Licensing Services at olcc.liquorlicenseapplication@oregon.gov.

Click here for the COVID-19 Temporary Changes: Off-Premises Sales & Delivery Fact Sheet

OLCC Revised Agenda March Commission Meeting


OREGON: Due to the outbreak of COVID-19, we are abbreviating our agenda and holding our commission meeting via conference call. An audio recording of the meeting will be posted on our website after the meeting.

Thursday, March 19, 2020 – 9:00 a.m.

REVISED AGENDA

OLCC Commissioners:

Chairman Paul Rosenbaum
Jennifer Currin
Kiauna Floyd
Michael Harper
Matthew Maletis
Hugh Palcic
Marvin Révoal

For more information, contact: 503-872-5006 / 1-800-452-6522

laura.paul@oregon.gov