Oregon
Stay updated on Oregon matters. Emerge Law Group’s blog provides insights into legal matters in Oregon.
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Oregon Ballot Measure 119 Would Give Unions Significant Leverage Over Cannabis Licensees
If passed on November 5, Measure 119 would require certain Oregon cannabis licensees to secure a Labor Peace Agreement (LPA)…
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Understanding the Oregon Consumer Privacy Act: What You Need to Know
Authors: Sean Clancy, Shareholder; Leticia Maskell, Law Clerk Introduction The Oregon Consumer Privacy Act (“OCPA”) is a recent state-level privacy law designed…
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OLCC Cannabis License Moratorium Extended with Passage of HB 4121; New License Caps Also Implemented
Author: Alex J. Berger, Shareholder; Leticia Maskell, Law Clerk On March 20, Governor Kotek signed HB 4121 into law, which…
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Emerge Law Group and Plant Medicine Law Group are excited to announce a co-counsel collaboration in Oregon!
Emerge Law Group and Plant Medicine Law Group are excited to announce a co-counsel collaboration in Oregon! Emerge Law Group…
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Hey Oregon Marijuana Licensees: We can set up your OLCC CAMP account for you!
As you may be aware OLCC launched its new online marijuana licensing system – CAMP – today, March 18. To…
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UPDATE/CORRECTIONS: Are You Ready for March 18, The First Day of CAMP? How to Prepare for Oregon’s New Online Adult Use Cannabis Licensing System
Authors: Alex J. Berger, Shareholder; Leticia Maskell, Law Clerk Update: This just in from OLCC; see updates and corrections to…
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Deep Dive Webinar Series – Session 9: OHA Rules Update + More
Emerge Law Group presents the first 2024 installment of its FREE virtual event series “Deep Dive Into the Oregon Psilocybin…
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OLCC Update – New (and Resurgent) Cannabis Application Requirements
Author: Alex Berger, Attorney at Emerge Law Group On the heels of the new retailer tax compliance certificate requirement, OLCC…
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Emerge Law Group Announces 2023 Oregon Super Lawyers & Rising Stars
We are pleased to announce that four attorneys at Emerge Law Group have once again been recognized as Oregon Super…
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Oregon Psilocybin – Should Potency Regulations Extend Beyond Psilocybin Analyte?
Psilocybin mushrooms contain both psilocin and psilocybin. Psilocin is the active compound that induces mind-altering effects. Psilocybin (“psilocybin analyte” under…
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CannaBeat – June 16, 2023
CannaBeat is a curated biweekly selection of top news stories impacting business, research, and culture in the cannabis industry, crafted…
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OLCC Passes Cannabis Retailer Tax Compliance Rule and FAQ, Similar Rule for Other License Types Likely
Author: Alex Berger, Attorney at Emerge Law Group OLCC passed the cannabis retailer tax compliance rule today (June 15, 2023)…
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More Details on OLCC’s Strict Retailer Tax Compliance Rule Set for Adoption This Thursday (June 15)
Author: Alex Berger, Attorney at Emerge Law Group Last week we published a blog post on OLCC’s anticipated marijuana retailer…
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OLCC Set to Enact Strict Tax Compliance Rule for Cannabis Retailers This Month
Author: Alex Berger, Attorney at Emerge Law Group OLCC is set to enact a temporary emergency tax compliance rule for…
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A Brave New World: Oregon’s Legal Psilocybin Landscape
Authors: Dave Kopilak and Kaci Hohmann This article first appeared in the Oregon State Bar Business Law Section Newsletter •…
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You’re Invited! Allay Consulting and Emerge Law Happy Hour – 2/16/23
Emerge Law Group invites you to attend our Cannabis & Psychedelic Industry happy hour co-hosted with Allay Consulting! REGISTER HERE Thursday,…
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Beneficial Owners – New Reporting Rules
Authors: Kaci Hohmann and Delia Rojas, Attorneys at Emerge Law Group On September 30, 2022, the federal Financial Crimes Enforcement…
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Residency Requirements Under Attack – Analysis of the First Circuit’s Opinion on the Dormant Commerce Clause’s Effect on Cannabis Residency Requirements
Author: Blake Marvis, Attorney at Emerge Law Group; Oregon Litigation Practice Group In August, the First Circuit Court of Appeals…
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Craft Beverage Industry Group (C-BIG): December Social at Backwoods Brewing
You are invited by the Craft Beverage Industry Group (C-BIG) to join us and our network of craft beverage business…
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The OLCC’s Latest Proposed Recreational Marijuana Rule Changes Could Significantly Impact Your Oregon Marijuana Business
Authors: Alex Berger, Attorney at Emerge Law Group Kristin Stankiewicz, Senior Counsel at Greenspoon Marder The Oregon Liquor and Cannabis…
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Next Deep Dive Webinar: Revised OHA Rules and Election Day Opt-Out Results
Two major events relating to the Oregon Psilocybin Services Act are right around the corner. First, the Oregon Health Authority…
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The Craft Beverage Industry Expands into to the Cannabis Space and Vice Versa
Author: Jake Cormier As the markets for legal cannabis continue to expand nationwide, companies continue to develop new products to…
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Craft Beverage Industry Group (C-BIG): Fall Social at Oakshire Beer Hall
You are invited by the Craft Beverage Industry Group (C-BIG) to join us and our network of craft beverage business…
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Oregon Psilocybin Services Act (Measure 109) Local Jurisdiction Tracker
If you follow Psychedelic Alpha, you might have noticed that Emerge Law Group has been working diligently to produce and…
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The OHA’s Rules Are Out! Next Deep Dive Webinar Scheduled.
On September 1, 2022, the Oregon Health Authority released the second installment of draft rules implementing the Oregon Psilocybin Services…
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Special Announcement Regarding Emerge Law Group’s Next Deep Dive Webinar
Our Psychedelics Industry Group has been holding “Deep Dive” webinars on the last Thursday of each month. However, we have…
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Dave Kopilak’s Rule Recommendations to the Oregon Heath Authority Regarding IRC Section 280E Issues
The next installment of the Oregon Health Authority’s (“OHA”) draft rules implementing the Oregon Psilocybin Services Act will be published…
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FREE Virtual Event Series – Deep Dive Into the Oregon Psilocybin Services Act: Mid-Year Update (Session 7)
Emerge Law Group is continuing its FREE virtual event series “Deep Dive Into the Oregon Psilocybin Services Act“! Session 7: Measure…
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Local Governments Get a Second Bite at the Apple (or, in this case, Mushroom)
by: Corinne Celko In 2020 Oregon became the first state to legalize psilocybin, a psychoactive compound found in certain mushrooms. …
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Oregon Beer Franchise Law
By Russell Rotondi, Shareholder One of the most important relationships a beer supplier or brewery will enter into is with…
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Task Force Meets to Discuss the Future of Oregon Cannabis Regulation
Last month a new Oregon task force charged with considering several cannabis-related issues held its first meeting. The task force,…
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FREE Virtual Event Series – Deep Dive Into the Oregon Psilocybin Services Act: Federal Law Issues (Session 5)
Emerge Law Group is continuing its FREE virtual event series “Deep Dive Into the Oregon Psilocybin Services Act“! Session 5: Federal…
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Oregon Land Use: The Meanings of Words Matter (and so do dictionaries)
With so many ambiguous and seemingly indecipherable laws, rules, and regulations on the books, how are we supposed to know…
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Public Comment to OHA’s Psilocybin Training Curriculum Rules
See Dave Kopilak’s public comment to the proposed rules published by the Oregon Health Authority: https://emergelawgroup.com/wp-content/uploads/2022/04/LT-Oregon-Health-Authority-re-Public-Comments-on-Rules.pdf In his comment, Dave makes…
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The Intersection of End of Life Issues and the Oregon Psilocybin Services Act
Oregon’s Psilocybin Services Act (“PSA”) is the first state law legalizing access to psilocybin for adults. Psilocybin remains illegal to…
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FREE Virtual Event Series – Deep Dive Into the Oregon Psilocybin Services Act: Entity Organizations and Taxes (Session 4)
Emerge Law Group is continuing its FREE virtual event series “Deep Dive Into the Oregon Psilocybin Services Act“! Session 4: Entity…
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Oregon Psilocybin Services Act: It’s Non-Medical, But Not Anti-Medical
There seems to be a fair amount of confusion out there as to whether the Oregon Psilocybin Services Act (the…
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FREE Virtual Event Series – Deep Dive Into the Oregon Psilocybin Services Act: Land Use and Local Jurisdictions (Session 3)
Emerge Law Group is continuing its FREE virtual event series “Deep Dive Into the Oregon Psilocybin Services Act“! Session 3: Land…
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Oregon Legislature Passes OLCC License Moratorium Bill
The Oregon Senate voted to pass HB 4016 today completing the passage of the bill through both legislative houses. The…
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Potential Changes to Oregon Cannabis Testing: OHA Proposes Additional Marijuana and Hemp Testing
The Oregon Health Authority (OHA) has published proposed rule amendments that would subject certain marijuana and hemp items to additional…
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FREE Virtual Event Series – Deep Dive Into the Oregon Psilocybin Services Act: OHA Draft Rules #1 (Session 2)
Emerge Law Group is excited to continue its FREE virtual event series “Deep Dive Into the Oregon Psilocybin Services Act“! Session…
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The Potential Expansion of OLCC Marijuana License Moratoria: A Look at House Bill 4016
A bill – HB4016 – was recently introduced in the Oregon Legislature’s 2022 short session, which, if passed with one or…
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Microdosing Under the Oregon Psilocybin Services Act: A Definite Maybe
The issue of whether microdosing will be permissible under the Oregon Psilocybin Services Act has been a relatively hot topic…
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FREE Virtual Event Series – Deep Dive Into the Oregon Psilocybin Services Act: Microdosing (Session 1)
Emerge Law Group is excited to launch its FREE virtual event series “Deep Dive Into the Oregon Psilocybin Services Act“! Session…
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Emerge to Launch “Deep Dive into Measure 109” Virtual Event Series
Emerge Law Group is announcing the launch of a monthly virtual event series that will take an in-depth look at…
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Psilocybin Therapy for Patients with Advanced Illness in Oregon
One of the known beneficial uses of psilocybin is as a palliative care tool for patients with advanced illness who…
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Oregon Psilocybin Services Act: September 2021 Update
On September 25, 2021, Tom Eckert and I spoke about the Oregon Psilocybin Services Act at a seminar sponsored by…
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Emerge Law Group Expands with Addition of Three New Attorneys to Portland Office
Portland, OR – Emerge Law Group (“Emerge”) a full-service business law firm well known for its leading cannabis and psychedelics practices, announced…
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Two Emerge Attorneys Named Oregon Super Lawyers in 2021
We are excited to share that the 2021 Oregon Super Lawyers list has honored two of Emerge’s Oregon-based attorneys. Super…
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Avenues to Access Psilocybin Therapy in Oregon, a New Palliative Care Tool for Patients Suffering Anxiety and Depression
By Kathryn L. Tucker, JD* Recent medical research is establishing the powerful therapeutic uses of psilocybin in the treatment of…
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Oregon Psilocybin Advisory Board Meeting #1
The first meeting of the Oregon Psilocybin Advisory Board (the “Board”) created by Oregon Measure 109 (“M109”) was held on…
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First Meeting of Oregon Psilocybin Advisory Board is Today
The first meeting of the Oregon Psilocybin Advisory Board created by Oregon Measure 109 will take place today, March 31,…
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Oregon Psilocybin Advisory Board Is Announced!
Governor Kate Brown has announced the members of the Oregon Psilocybin Advisory Board (the “Board”) created by Oregon Measure 109. …
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Oregon Cannabis: Key OLCC Rule Amendments Open for Public Comment
Last week the Oregon Liquor Control Commission (“OLCC”) published two proposed rule amendment packages – the “Marijuana Licensing Streamlining” and…
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Remembering Sheri Eckert
All of us at Emerge Law Group are deeply saddened to learn about the untimely death of Sheri Eckert, co-sponsor…
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As More States Embrace Cannabis, One Oregon County Rejects It. Again.
States across the country have embraced cannabis law reform. The 2020 election brought the total number of states to legalize…
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Legalizing Psilocybin-Assisted Therapy: Insider tips from the Oregon campaign
Dave Kopilak, primary drafter of Oregon Measure 109, and campaign manager Sam Chapman, were interviewed by New York psychedelics law…
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HB 4213: Notices of Nonpayment for Commercial Landlords and Tenants
In response to the COVID-19 pandemic, the Oregon Legislature passed House Bill 4213 on June 26, 2020, which extended the…
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Oregon Marijuana Regulatory Roundup
The Oregon Liquor Control Commission (“OLCC”) has been busy over the last couple months working on new rule and policy…
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Oregon Psilocybin Services Act: Measure 109’S Regulatory and Licensing Structure
This blog is the second in a series of substantive explanations of Oregon Measure 109 that we will publish before…
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Oregon Psilocybin Services Act: Measure 109’s Two-Year Development Period
The initiative petition formerly known as Oregon Initiative Petition 2020-034 has been rebranded as Oregon Measure 109. And with seven…
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Oregon Psilocybin Services Act (IP 34) Qualifies for the November Ballot
On July 8, 2020, Oregon Initiative Petition 2020-034 (“IP 34”) officially qualified for the November 3, 2020 General Election ballot.…
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Our Current Overview of State and Local Responses to EVALI to Date
Late 2019 saw a national outbreak in hospitalized cases of e-cigarette or vaping product use associated lung injury (EVALI). The…
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Key OLCC Amendments Going Into Effect on February 1, 2020
The Oregon Liquor Control Commission (“OLCC”) recently published several amendments to its regulations that will go into effect on February…
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Oregon’s New Corporate Activity Tax and Its Impacts on Businesses
In the legal field, the beginning of a new year is often synonymous with new laws and 2020 is no…
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Your Chance to Provide Input to OLCC on Proposed Rule Amendments
On November 1, 2019, the Oregon Liquor Control Commission (“OLCC”) released proposed amendments to the recreational marijuana rules and the…
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OLCC Temporary Rules Regarding Vape Products
On October 11, 2019, the Oregon Liquor Control Commission (“OLCC”) commissioners voted unanimously to adopt temporary rules implementing Governor Brown’s…
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What the New Deschutes County Ban on OLCC Processors and Producers Means for You
On August 19th, 2019, the Deschutes County Board of Commissioners voted unanimously to opt out of the establishment of “future…
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A Word on the New Nationwide “Vaping Illness”
There’s a lot of fear out there, but not a lot of information regarding the safety of e-cigarettes and cannabis…
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The Criminal Hemp Processing Case that Could Have a Profound Effect on the Oregon Hemp Industry
There’s a battle brewing in Oregon state court that may have a serious impact on Oregon’s industrial hemp industry. We’re…
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Clearing Up the SB 218 (Application Caps) Confusion
On Monday, June 17, Governor Kate Brown signed Senate Bill 218 (“SB 218”) into law. See our earlier blog post…
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Employers, Pay Attention to These Changes in the Law!
With the Oregon Legislature wrapping up the 2019 session, it’s a good time to look at some of the upcoming…
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Legislative Spotlight: What is the Deal with Capping Licenses???
Unless you’ve been living under Haystack Rock for the last year and a half, if you’re in the cannabis business…
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Happy New Year and New Rules!: OLCC Edition
January is a time for reflecting on the past year, resolutions for the new year, and overpriced outdoorsy puffy coats. …
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Oregon Legislative Update (Part 3): What You Need To Know About SB 1015
On June 29, 2017, Governor Brown signed a bill impacting Oregon’s hemp industry into law. SB 1015, which goes into…
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Oregon Legislative Update (Part 2): What you need to know about HB 2198
Just days before the end of the 2017 session, the Oregon legislature passed a major cannabis-related bill. Surviving a relatively…
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Oregon Legislative Update (Part 1): What you need to know about SB 1057
The Oregon Legislative Assembly adjourned on Friday, July 7, 2017. As the dust from this session settles, the State of…
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Oregon Governor Brown Signs SB 56
Today, Oregon Governor Kate Brown signed SB 56 into law. This law is effective immediately and contains several anticipated fixes…
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Oregon SB 56 Passes: Key Changes to OMMP and OLCC Laws
Today, the Oregon legislature passed Senate Bill (SB) 56, which contains several of the anticipated “fixes” to the cannabis regulatory…
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Oregon’s Minimum Wage Changes on July 1, 2017
Effective July 1, 2017, Oregon’s minimum wage increases across the State. As you may recall, in 2016, Oregon adopted a…
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Oregon: The Latest on Applicants and Financial Interests
I’m just an old corporate attorney. At the large firm I worked at for nearly 20 years, “dabbling” into practice…
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Reminder: Big Changes to Minimum Salary for Exempt Employees Coming December 1
On December 1, 2016, big changes are coming to the minimum salary requirements for exempt employees. The U.S. Department of…
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OLCC Releases Order Pertaining to New Pesticide Testing Rule
On September 30, we blogged about the OLCC and OHA’s emergency rulemaking in the face of the October 1 labeling,…
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October 1 Update: Very Limited Relief
Unfortunately the hope that the October 1, 2016 deadlines would be pushed back did not occur. The Oregon Health Authority…
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October 1: Temporary Emergency Rulemaking
The Oregon Health Authority (OHA) has announced that it will engage in temporary emergency rulemaking this week to address two…
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October 1: Five Tips for Oregon Dispensaries
There are significant changes to the Oregon Medical Marijuana Program that will take effect on October 1, 2016. In recent blogs…
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October 1: How will Oregon medical marijuana processors be affected?
On and after October 1, 2016, ALL medical marijuana processors must be registered with the Oregon Health Authority (OHA) in…
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Oregon’s Special Packaging and Labeling Rules for Small Containers
Many people have been asking about what to do if their container is too small to fit all of the…
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Oregon’s Marijuana Packaging Rules
If you are an Oregon marijuana business owner, you will need to ensure compliance with not only new labeling rules, but…
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Oregon’s Marijuana Labeling Rules
Whether you are involved in the medical or recreational side of the Oregon cannabis industry, you will likely be required…
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OMMP Reporting: Do your best
As many of you know, the Oregon Medical Marijuana Program (OMMP) requires reporting to track medical marijuana transfers. All registered…
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Oregon DOJ Clarifies Medical and Homegrow Plants Allowed
We get this question a lot. Can I have six mature medical plants and four home grow plants? The answer is…
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Independent Contractor or Employee: Why you need to get it right! (Part 2)
Part 2: The High VERY HIGH Cost of Misclassifying an Employee as an Independent Contractor. Misclassifying an employee as an…
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Independent Contractor or Employee: Why you need to get it right! (Part 1)
Part 1: Independent Contractor or Employee? You might think determining whether a worker should be treated as an independent contractor…
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Oregon Marijuana Extracts and Edibles Update (Part 2)
On March 18, 2016, the Oregon Health Authority (OHA) released Information Bulletin 2016-05 announcing that the unregistered manufacture of cannabinoid…
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Oregon Plant Limits: What is a stay?
How many mature marijuana plants can I grow/posses? That is a question we get a lot from Oregon growers. The…
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Oregon Marijuana Extracts and Edibles Update (Part 1)
The Oregon Health Authority (OHA) released Information Bulletin 2016-05 in an attempt to clarify many questions surrounding the legality of marijuana extraction…
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Oregon’s 25% Sales Tax on Early Sales
* * * Updated January 21, 2016 * * * Oregon’s the new sales tax is applicable to medical dispensaries…
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Public Service Announcement: City of Portland Marijuana Licenses
Public Service Announcement: All marijuana businesses located in the City of Portland must obtain a City Marijuana Regulatory License (“City…
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Oregon Marijuana Laws: The Status of Residency Requirements After HB 3400 (Part 4)
In Part 3 of this series, I discussed the residency rules for Ballot Measure 91 businesses that the Oregon Liquor…
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Oregon Marijuana Laws: The Status of Residency Requirements After HB 3400 (Part 3)
On August 14, the Oregon Liquor Control Commission (“OLCC”) distributed to members of the Rules Advisory Committee (“RAC”) a revised…
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Oregon Marijuana Laws: The Status of Residency Requirements After HB 3400 (Part 2)
On July 17, the Oregon Liquor Control Commission (“OLCC”) distributed to members of the Licensing, Compliance, and Enforcement Technical Advisory…
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Personal Agreements: OMMP grower and patient contracts
After the dust settles from a legislative session we are always left wondering what happened. Especially after this session which…
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Oregon Marijuana Laws: The Status of Residency Requirements After HB 3400 (Part 1)
Ballot Measure 91 intentionally did not include any residency requirement for anyone who owned or who was otherwise involved with…
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Are We There Yet: Ballot Measure 91 next steps
As we creep towards the finish line of the Oregon legislative session, the issues seem to be winding down. The…
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Ballot Measure 91: Early sales and joint stores?
The questions I get most frequently (other than local government questions) are whether early sales to the adult use market…
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Ballot Measure 91: Joint Committee stalemate
Last night the Joint Committee for the Implementation of Ballot Measure 91 locked down. After working for almost the entire…
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OLCC and Ballot Measure 91: New revenue projections
According to the Portland Business Journal, the OLCC has put in their budget for Ballot Measure 91 for 2015- 2016.…
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Ballot Measure 91: Guide to July 2015
Beginning July 1, 2015, Ballot Measure 91 will allow Oregon residents 21 years and older to possess, grow, and transfer…
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MBank to abandon cannabis industry banking
MBank announced today that it will close all of its accounts with marijuana businesses in the next few months. The…
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Ballot Measure 91 and the OLCC: Who’s who in implementation
Before fully understanding the upcoming regulation schemes for recreational marijuana in Oregon, it is important to recognize the individuals responsible…
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280E and Oregon Cannabis Business: What is a trade or business?
Section 280E – not so simple after all Despite what your eyes are telling you, “trade or business” is actually…
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280E and Cost of Goods Sold: Can’t win for losing
Cost of Goods Sold. Deductible or not deductible? That is the 280E question. Section 280E of the Internal Revenue Code…
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Ballot Measure 91 and Local Taxes: Extended version
“I tell ya I don’t get no respect. No respect at all.” If Sections 42 and 58 of Ballot…
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How To Start a Cannabis Business in Oregon Post BM91
Now that Ballot Measure 91 has passed many people who have been waiting on the sidelines are feeling more comfortable…
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280E and Your Business: An Oregon Cannabis Lawyer’s Perspective
Support for the ongoing planning process that is managing a business is a big part of why a marijuana business…
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Oregon Ballot Measure 91, better than Washington I-502?
As we get closer to the November election and the potential (likely?) passage of Ballot Measure 91 in Oregon, the…
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Before Oregon Ballot Measure 91: Judge rules bans ok
As we are getting closer to the election, we at Emerge are closely following Ballot Measure 91. Ballot Measure 91…