Under the rules change Oregon Medical Marijuana Program cardholders or a designated caregiver will be allowed to purchase a larger amount of marijuana during a single transaction. In August 2018, after noticing suspicious purchase activity in the state’s Cannabis Tracking System, the OLCC reduced the daily purchase limit to one (1) ounce for OMMP cardholders.
The rule changes approved by the Commission take effect on December 28, 2018.
Key elements of the rules changes include:
How to Enter Samples into a Cup Competition
Only Retailers can sell or give directly to the public. Producers, Processors, Wholesalers, and Labs cannot sell or gift to non-licensees.
The only compliant way for Cup Competition samples to be provided to judges is for the items to be purchased at an OLCC Retailer location. As a licensed producer or processor you can transfer items to an OLCC Retailer within Metrc, and those items can be purchased at cost by a judge or competition organizer for consumption in the judges’ or organizer’s personal residence. The retail store may charge a discounted price for the marijuana items or give it away free if the customer is an OMMP cardholder.
Most commonly, we have heard licensees say that they intend to use the “In-house Quality Control” adjustment reason in Metrc to enter samples into competition. This is not compliant. Using a licensee’s “quality control” allowance to remove product from the system and provide to individuals would be circumventing the rules and would not be a valid method of entering into a competition. Quality Control samples are intended for quality improvement purposes within a facility, not for providing free product to individuals off the licensed premises.
Any attempt to use adjustments – of any kind – in Metrc for purposes of entering samples into a cup competition would be a violation of OLCC rules.
Booths at a Cup Competition
Under Oregon law, no consumption is allowed in a public place. Any location with an OLCC liquor license would be a public place, even if the venue is specifically reserved for a cannabis event. If the location is not licensed to sell liquor, whether it is considered “public” is determined by the local jurisdiction. For more information on what is and is not allowed regarding consumption, see OLCC’s “Consumption, Gifting, and Giveaways” guide.
However, with prior approval, an OLCC licensee can set up a booth at an event and have limited amounts of marijuana items on-site for display only. The event as a whole would operate as a “promotional event” in which OLCC licensees with prior approval may participate.
More information regarding promotional events, including how to apply and how to document in Metrc can be found in bulletin CE2017-10 on OLCC’s website.
Beginning today, August 30, 2017, every batch of usable marijuana (flower and leaves) must be tested directly for pesticides according to the Oregon Health Authority’s testing rules in order to be compliant. This includes untested product that was collected for sampling prior to August 30.
Some temporary rules regarding the sampling and testing of usable marijuana have expired, and Oregon Liquor Control Commission Recreational Marijuana Program licensees are required to follow updated OLCC and Oregon Health Authority rules.
This reminder follows an August 11, 2017 OLCC Compliance Bulletin CE2017-09 sent to Recreational Marijuana Program producer and laboratory licensees explaining the rules adjustment. The bulletin is also posted on the OLCC Recreational Marijuana Program website.
The Oregon Liquor Control Commission issued an order to limit pesticide testing of usable marijuana meant for retail sale to consumers on October 3, 2016. At that time, OLCC staff found that there was insufficient lab capacity for 100% batch testing of usable marijuana for pesticides. On March 3, 2016, the Commission made a similar determination and extended temporary rules to allow for the continued practice of testing one-third of the batches.
The Commission will continue to monitor market flow and respond to any issues that arise with the expiration of the temporary rule.
If you have questions please contact the OLCC Recreational Marijuana Program at firstname.lastname@example.org
On Monday, April 17, Oregon Governor Kate Brown signed SB 863 into law. The new law prohibits OLCC licensed marijuana retailers from recording, retaining or transferring information contained on a passport, driver’s license, military identification card or other identification card.
The Deadline to clear the personal recreational customer information from your store is May 18th. We have added a new button "Sanitize Customer Data" under Store settings. This button will erase the names, addresses and id numbers of all of your recreational customers. Your medical customer data will not be touched. Please give me a call with any questions. - Raja (971) 276 - 3371.
Oregon Governor Kate Brown signed Senate Bill 863 into law on April 17, 2017.
SB 863 prohibits marijuana retailers from recording, retaining or transferring information contained on a passport, driver’s license, military identification card or other identification card.
What are marijuana retailers required to do?
Beginning immediately retailers may NOT record or retain customer information gathered from a piece of official identification (e.g. driver’s license, passport) that could identify the customer.
Retailers are still required, prior to completing the sale of a marijuana item to a consumer, to verify that that the consumer has valid, unexpired government-issued photo identification and must verify that the consumer is 21 years of age or older. See: OLCC Recreational Marijuana Rules (Retailer Operational Requirements: 845-025-2820)
This law does not change licensee reporting and inventory requirements. Sales and inventory data must still be reported into Metrc daily including an Oregon Medical Marijuana Program (OMMP) card number if selling to a patient or caregiver.
On or before May 18, 2017 retailers must destroy any previously collected information that may be used to identify a consumer acquired through the production of a piece of legally described identification. This includes any consumer information that was previously acquired with consent for the purposes of marketing.
Licensees should NOT delete or destroy information in Metrc. This requirement only pertains to information recorded or retained outside of Metrc.
Going forward a retailer may retain the name and the contact information of a customer for marketing purposes only, if the retailer:
· Asks the consumer if they may record the information for marketing purposes AND
· The consumer agrees in writing to the information being used for marketing purposes.
This consumer consent does NOT authorize the retailer to sell or transfer the consumer’s personal information.
Questions about the retailer implementation of SB 863 should be directed to the OLCC Recreational Marijuana Program at: email@example.com or by calling 503-872-6366
Sales to Medical Cardholders
Sales to medical cardholders are not taxed
If you are a licensed retailer selling a marijuana item to an Oregon Medical Marijuana Program (OMMP) cardholder you may not change a tax. Instead enter the OMMP card number in your Point of Sale system, or the Metrc Cannabis Tracking System, to verify the reason tax was not charged.
Only retailers that have completed the form “Registration for Sale of Recreational Marijuana for Medical Purposes” are allowed to sale medical grade products. Medical grade products come from OLCC licensed processors, but contain medical concentration limits; medical grade products can only be sold to OMMP cardholders. Retailers that are registered for medical sales may also allow an OMMP cardholder, 18 years of age or older, inside their retail establishment.
Discounting Marijuana Items
OLCC licensed retailers may discount marijuana items.
Example: a retailer may offer a 20% discount for top shelf product.
The discount rules do not allow a marijuana item to be discounted in correlation with the purchase of another item. Buy One, Get One Free (BOGO) and customer loyalty cards linked to marijuana products are NOT allowed.
Example: A retailer cannot offer buy 2 get 1 for free.
Example: A retailer cannot have a customer loyalty punch card where the customer buys 10 ounces of marijuana and receives the 11th ounce for free. If a retailer wants to offer a loyalty punch card, it could be,"buy 10 ounces of marijuana and get a t-shirt or hat for free", because the free product is not marijuana.
For More Information:
What are the restrictions in advertising your cannabis business?
Advertising is publicizing the trade name of a licensee together with words or symbols referring to marijuana or publicizing the brand name of marijuana or a marijuana product.
Marijuana advertising may not:
· Contain statements that are deceptive, false, or misleading;
· Contain any content that can reasonably be considered to target individuals under the age of 21;
· Encourages the transportation of marijuana items across state lines;
· Assert that marijuana items are safe because they are regulated by the Commission or have been tested by a certified laboratory or otherwise make claims that any government agency endorses or supports marijuana;
· Make claims that recreational marijuana has curative or therapeutic effects;
· Display consumption of marijuana items;
· Contain material that encourages the use of marijuana because of its intoxicating effect;
· Contain material that encourages excessive or rapid consumption.
Advertisements through print, billboard, television, radio and internet must contain the following statements (this does not apply to advertising on apparel):
Do not operate a vehicle or machinery under the influence of this drug
For use only by adults twenty-one years of age and older
Keep out of reach of children
If the OLCC receives complaints about advertising we will investigate. You should be prepared to verify you are not breaking any of the advertising rules located in Division 25 Administrative Rules. If you are advertising through television, radio, billboards, print media or internet you must have verification no more than 30% of your viewing audience in under the age of 21.
Yesterday the OLCC hosted a Marijuana Update meeting. The meeting was attended by approximately 70 Producers, Processors, Wholesalers and Retailers. During the meeting the OLCC explained the breakdown of rules and responsibility between organizations like the OLCC, OHA, DOA and ODOR. After each presenter there was a question and answer session that was very enlightening.
New Licenses and License Renewals
The OLCC reports that there is a backlog in processing the various applications for licensing. During the first year the OLCC pulled inspectors from the Liquor side of affairs to make up for the backlog of applications. Now those auxiliary resources are returning to normal duty so expect a slowdown in the time that it takes to process a new or renewal application.
For those licensees who have a renewal date pending the OLCC recommends that you apply for renewal sooner rather than later. There is a critical 20-day window for renewal. If you apply for license renewal with more than 20 days left on your license, then you can continue to operate even if it takes the OLCC more than 20 days to process your license renewal, however if there is less than 20 days left before you apply for renewal then you will have to close operations after your expiration date until the OLCC is able to process your renewal. Again, apply with more than 20 days on your license and keep operating. Apply with less than 20 days on your license and shut down when your license expires until after the OLCC can process your application.
The OLCC warms that there are a lot of reporting irregularities in METRC and that they will be beginning to crack down on these errors soon with fines. The example provided was that of the producer who harvested a plant 6 months ago and never applied a tag. Please be sure to keep your METRC reporting accurate and up-to-date to avoid penalties.
TJ Sheehy of the OLCC says that pre-rolls should always be weight-based. Many dispensaries log pre-rolls as unit or combined-each in METRC but this is incorrect. All pre-rolls should be weight-based.
IT IS NOT NECESSARY TO APPLY YOUR OWN TAG OVER A VENDOR TAG. If you receive a package from a vendor and that package has a package tag you can use the METRC package tag in OMMPOS. You do not need to re-package packages received from Vendors.
The OLCC emphasized that it is the licensee’s responsibility to ensure that ALL employees of your organization are registered in METRC and that all employees who handle Marijuana possess a valid Marijuana Handler’s card.
For questions about the rules the OLCC recommends visiting WhatsLegalOregon.com
For question about how we can help you keep your dispensary compliant contact Raja (971) 276 – 3371 or visit us at http://ommpos.com
Basically what is happening is an internal DEA accounting change in how they track Cannabis Extracts.
There appears to be a proliferation of misleading news with the headline :The DEA Just Banned CBD."
We searched the internet and have been unable to find this story on any major news outlets. It is my opinion that this news is false news or at least intentionally misleading.
Here is what we have been able to figure out with 15 minutes of searching with BING.
CBD being derived from Marijuana is a schedule 1 substance under Federal law. States like Oregon, California, Washington, Colorado and Massachusetts will have legal CBD products because Marijuana has been legalized recreationally in these states. In states where Marijuana is not recreationally or at least medically legal it would be illegal to possess CBD products.
Of course the postal service is a federal institution so sending CBD products through the post would violate federal law as would be transporting CBD or any other Marijuana containing product across state lines.
Basically nothing has changed.
We found this article describing the DEA Easing regulations for CBD research
DEA Eases Requirements for FDA-Approved Clinical Trials on Cannabidiol
and this source article with DEA commentary on Cannabis Extracts.
Rules - 2016 - Establishment of a New Drug Code
Take Deep Breaths. Hope this helps. This is my opinion and not legal advice.
- Raja Afrika (971) 276 - 3371
The OLCC has produced a video version of its Packaging and Labeling workshop. The video, which runs about one hour, contains information on the requirements for packaging and labeling as well as the submission process to get them approved.
The video can also be directly accessed on the OLCC YouTube Channel.
The OLCC also has also updated the OLCC Approved Package List, as well as produced a short update on the packaging and labeling submission process.
Technical questions about packaging and labeling can be sent to: firstname.lastname@example.org
INFORMATION BULLETIN 2016-24
August 12, 2016
To: Medical Marijuana Dispensaries, Processors, and Interested Parties
From: Oregon Medical Marijuana Program
Subject: Advertising Requirements and Restrictions
The Oregon Medical Marijuana Program (OMMP) would like to inform all dispensaries, processors, growers and interested parties of advertising requirements and restrictions. These rules apply to all forms of advertising. Rules regarding advertising may be found under OAR 333-008-2070. http://www.healthoregon.org/ommprules
All advertising by a registrant must include the following statements:
A registrant may not have advertising that:
A registrant may not make any deceptive, false, or misleading assertions or statements on any product, any sign, or any document provided to a patient, caregiver, or to an individual.
If a registrant is found to be in violation of any of the advertising rules, OMMP will notify the registrant and specify a reasonable time period for the registrant to remove any sign, display or advertisement. If the sign, display or advertisement is not removed or an advertising issue continues, the registrant will be issued civil penalties of up to $500 a day or may have their registration suspended.
Starting October 1, 2016, all cannabinoid products, concentrates and extracts must be compliant with labeling rules found in OAR 333-007-0010 to 333-007-0100, see also 333-0081200(8) and 333-008-1740(10).
For Dispensaries: Any marijuana items in a dispensary that do not meet the new division 7 labeling requirements on October 1st must be returned to whoever transferred them or the dispensary must dispose of the products. The dispensary must document any returns or disposal of products.
Starting October 1, 2016, all marijuana items, except immature plants and seeds, must be packaged per OLCC packaging rules found in OAR 845-025-7000 to 845-025-7060. Also see OAR 333-008-1200(8) and 333-008-1740(10).
What does this mean?
A dispensary or processor who packages marijuana items for ultimate sale to a consumer, patient, or caregiver must transfer all marijuana items in OLCC approved child-resistant packaging starting October 1, 2016. This includes flower and all other marijuana products but excludes immature plants and seeds. A dispensary may use child-resistant exit packaging to comply with the rules. It is a business decision between the processor and the dispensary regarding who should provide the child-resistant packaging.
A guide is available on the OLCC website that explains the packaging rules in more detail and reviews the pre-approval process. The OLCC opened the packaging pre-approval process on August 2, 2016. Please visit the OLCC website for more information: http://www.oregon.gov/olcc/marijuana/Pages/PackagingLabelingPreApproval.aspx
Early Retail Sales
A dispensary may only participate in early retail sales until December 31, 2016. OAR 333-0081500(5)(6)
What does this mean?
Starting January 1, 2017, an OHA registered medical marijuana dispensary can only sell marijuana items to OMMP patients and caregivers. Sales made to anyone other than registered patients and caregivers will result in enforcement action against the dispensary.
After December 31, 2017, if a dispensary wishes to continue selling marijuana items to adults 21 years of age and older and also to medical marijuana patients and caregivers at the same location, they must be licensed by OLCC. Please visit the OLCC website for information. www.marijuana.oregon.gov
Dispensaries and Food Safety
On and after October 1, 2016, all dispensaries that sell edibles must obtain a food safety license from the Oregon Department of Agriculture (ODA). OAR 333-008-1200(9)
What does this mean?
In order for a dispensary to apply with ODA, every edible item the dispensary sells must have been made in an ODA approved kitchen. For more information, please contact ODA at 503986-4565 or visit the ODA cannabis website: https://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx
Violations and Enforcement
Any registered dispensary, processor, grower, patient or caregiver that is found to be violating any of the rules may be subject to civil penalties and/or have their registration suspended or revoked. OAR 333-008-2180 through 333-008-2200.
All rules related to medical marijuana may be found on the OMMP’s rule page at: www.healthoregon.org/ommprules
October 1, 2016 Compliance Deadline Approaching for Transferring, Labeling, Concentration Limits, Packaging and Testing
The Oregon Medical Marijuana Program (OMMP) is approaching a compliance deadline of October 1, 2016, for transferring, labeling, setting concentration limits, packaging and testing of marijuana and marijuana products.
The next 60 days serves as a transition period to allow registrants to move into compliance with new rules. All rules related to medical marijuana may be found on the OMMP’s rule page at: www.healthoregon.org/ommprules
Transferring Cannabinoid Products, Concentrates and Extracts
Beginning October 1, 2016, dispensaries may only accept transfers of cannabinoid products, concentrates and extracts from a registered processing site. OAR 333-008-1230(2). On or after October 1, 2016, dispensaries may continue to sell already stocked cannabinoid products, concentrates and extracts that were transferred from unregistered processors to the dispensary prior to October 1, 2016, but the products, concentrates and extracts must meet labeling, concentration limits, packaging and testing rules found in division 7 as outlined below
Starting October 1, 2016, all marijuana items must be sampled and tested according to OAR 333-007-0300 to 333-007-0490 and OAR 333-064-0100 to 333-064-0110. On and after October 1, 2016, any laboratory that tests marijuana items must be accredited by ORELAP and licensed by OLCC. Only accredited and licensed laboratories may sample and test marijuana items. A list of accredited and licensed laboratories will be made available on the OMMP laboratories web page. http://public.health.oregon.gov/DiseasesConditions/ChronicDisease/MedicalMarijuanaProgram /Pages/laboratories.aspx
For Dispensaries: On or after October 1, 2016, a dispensary may continue to sell marijuana items that were not sampled and tested by an accredited and licensed laboratory if: The items are transferred to the dispensary before October 1, 2016; The items comply with the concentration limits, labeling and packaging rules found in division 7 of the rules; and The items are labeled with a label that reads “DOES NOT MEET NEW TESTING REQUIREMENTS” in 12-point font, and in bold, capital letters.
A dispensary will only be allowed to transfer these products to patients, caregivers and consumers until January 1, 2017.
Beginning October 1, 2016, all cannabinoid products, cannabinoid concentrates or extracts must meet the concentration limits as outlined in OAR 333-007-0200 and 333-007-0220. Lowdose cannabinoid edibles sold to retail customers from medical dispensaries during the early start period must continue to meet the definition found in OAR 333-008-1500(1)(k).
(3) A dispensary that is permitted to sell limited marijuana retail product: (a) Must examine the photo identification of all individuals before entering the dispensary to ensure the individual is 21 years of age or older. (b) Must verify at the time of sale that the individual is 21 years of age or older by examining the individual’s photographic identification. (c) May only sell limited marijuana retail product as specified in sections (4) to (6) of this rule.
(4) A dispensary may sell one-quarter ounce of dried leaves and flowers to an individual per day.
(5) Between June 2 and December 31, 2016 a dispensary may sell: (a) One unit of a single-serving, low-dose cannabinoid edible to an individual per day. A unit of a low-dose cannabinoid edible can contain more than one edible as long as the total THC in the unit does not exceed 15 milligrams. (b) One prefilled receptacle of a cannabinoid extract that does not contain more than 1,000 milligrams of THC to an individual per day. (c) Nonpsychoactive medical cannabinoid products intended to be applied to a person’s skin or hair.
(6) A dispensary may sell up to four immature marijuana plants to the same individual at any time between October 1, 2015 and December 31, 2016.
(7) A dispensary may not: (a) Offer, sell or provide a cannabinoid product, extract or concentrate to an individual except as provided in sections (4) through (6) of this rule; or (b) Give away a limited marijuana retail product to an individual.
(8) For each limited marijuana retail product sale, a dispensary must document: (a) The limited marijuana retail product that was sold and the amount in metric units or number sold as applicable; (b) The birth date of the individual who bought the product; (c) The sale price; and (d) The date of sale.
(9) A dispensary may sell non-marijuana items to an individual, such as but not limited to branded clothing.
(10) A dispensary is not required to maintain a record of the name of the individual to whom a limited marijuana retail product was sold but the dispensary must have a system in place that is outlined in its policies and procedures for ensuring that an individual is not sold more than the amount or number of a limited retail marijuana product permitted under this rule.
(11) Records of sale transactions and the documentation required in section (8) of this rule shall be maintained in accordance with the Authority's record keeping requirements for dispensaries.
SEE THE FULL RULES: