On December 20, the OLCC adopted amendments to their rules, OAR Chapter 845, Division 25. Many of the proposed amendments circulated at their Rules Advisory Committee meeting (see our blog) and circulated with further changes in advance of their November 16 public hearing (see our blog) were adopted in the new rules.
However, after receiving comments from the public hearing and written comment period, the OLCC made several noteworthy changes, such as increasing the amount of usable marijuana that can be sold by a retailer to a registered medical cardholder or caregiver from four ounces (proposed in the November 16 version) to eight ounces. The amount of marijuana had temporarily been reduced to one ounce in August.
In its news release, the OLCC identified the following key changes in the newly adopted rules (quote):
- Creating a denial basis for licensees who fail to complete the renewal process, and for license, applicants found to have an unauthorized interest in a licensed business;
- Ending the issuance of new licenses to processors as alternating proprietors (shared kitchen) on the same licensed premises for applications received after January 1, 2019, but grandfathering all current processors in alternating proprietorships;
- Clarifying camera coverage for waste material and amending the penalty structure for violations based on the amount of missing camera footage and the number of offenses;
- Redefining the allowable shape of canopy areas a producer may have and including an allowance for producers to obtain a professional survey in lieu of the quadrilateral shape requirement;
- Allowing wholesale licensees to provide retailers with samples from product lines originating from multiple licensees;
- Increasing trade sample amounts for cannabinoid products, and allowing licensees to share trade samples with employees as long as the transaction is tracked in the Cannabis Tracking System;
- Increasing medical patient purchase to eight (8) ounces of usable marijuana per day and no more than thirty-two (32) ounces per month;
- Clarifying that a retailer can only sell a customer five (5) grams of an inhalant per day; and
- Allowing retailers to apply for the ability to deliver to patients and primary caregivers throughout the state, even in opt-out jurisdictions.
The rules go into effect Friday, December 28. A complete copy of the new rules can be found here.
The Commission also adopted a temporary rule allowing industrial hemp certificate holders (producers and handlers) to continue to operate while the Commission the rulemaking process to adopt permanent hemp rules, which is expected to happen by the end of February 2019. The temporary rule takes effect on January 7, 2019.