Last week the Oregon Liquor Control Commission (“OLCC”) published two proposed rule amendment packages – the “Marijuana Licensing Streamlining” and “Marijuana Violation Reclassification” packages. The former contains several rule changes generally designed to make licensing processes, such as initial licensure, changes of business structure, etc. easier and faster. The latter decreases the categories of certain violations and alters the required timelines to provide OLCC with certain notifications.
Both packages are open for public comment until March 22, 2021 at 5 pm, so now is the time to make your voices heard! Comments on the open rules can be submitted by email at OLCC.rulemaking@oregon.gov. If you’d prefer to provide oral testimony, you may do so for the Streamlining amendments at the virtual public hearing on March 15 at 1 pm; the Violation Reclassification hearing is scheduled for March 16 at 2:30 pm. OLCC asks that you notify them via the above email address if you wish to testify at either hearing.
The proposed amendments will affect every licensed marijuana business in the state, so, if you’re a licensee, it’s certainly worth reviewing them. Some key changes include:
*The creation of a “Licensee of Record,” which means the licensee or licensees listed on the actual physical license;
*Making permanent OLCC’s new definition of “applicant,” which includes 20% or greater direct or indirect owners of the licensed business, those entitled to 20% or more profits or revenue of a licensed business, and persons with an “ownership interest” in the business, as well as some others.
*Allowance for producers to change their production type once per license year, i.e., indoor to outdoor,;
*Extension of the timeline to notify OLCC of an arrest or conviction from 24 to 72 hours;
*Requiring licensees to maintain a list of individuals and legal entities who are “applicants,” complete information about the ownership structure of any “applicant” legal entity, and a list of all individuals and entities entitled to receive any portion of the revenue, proceeds, or profits of the licensed business;
*Extension of the timeline to notify OLCC of surveillance equipment failure from “immediately” to 24 hours.
For complete versions of the proposed amendments, click on the links above. Even if OLCC is not proposing to change a certain rule, any rule within the amendment package is open for public comment, so if you’d like to see changes that haven’t been proposed, you may advocate for such changes in your public comment.
Please let us know if you have any questions about thee proposed amendments, how they might affect your business, or how to submit public comments.
