October 1 Update: Very Limited Relief

sadness

Unfortunately the hope that the October 1, 2016 deadlines would be pushed back did not occur.  The Oregon Health Authority (OHA) and Oregon Liquor Control Commission (OLCC) both adopted emergency temporary rules today.  However, the changes appear to provide very limited relief for Oregon cannabis businesses.

Labeling and Packaging

Inventory taken in prior to October 1, 2016 must be sold with labels and packaging that meet the new standards, but are not required to have gone through the OLCC pre-approval process.  Inventory taken in by a dispensary on and after October 1, 2016 must have pre-approved labels and packaging.

The text of OHA’s temporary rules can be found here.

Testing

There is a reduced requirement for testing of pesticides on usable marijuana only.  Prior to September 30, 2016 changes, the rule was that every batch of usable marijuana in a harvest lot had to be tested for pesticides.  Under the temporary rule, only a percentage of batches in a harvest lot will need to be tested for pesticides.  The OLCC will issue an order periodically dictating the percentages of batches requiring testing.  At the special Commission meeting today, Steve Marks indicated that 33% of batches in each harvest lot would be the initial testing percentage.  These percentages will likely be increased.  This reduced testing would only be permitted until March 1, 2017.

We will post a follow-up blog with more details.  Please feel free to contact us to discuss how this may impact your particular situation.