Outdoor recreational cannabis growers are advised to take note of new Oregon Liquor Control Commission (OLCC) rules that went into effect on August 1, 2018. The OLCC now requires notification prior to harvest, with the intended purpose of addressing diversion of marijuana produced under the OLCC system into unregulated markets.

All licensees operating under a marijuana production permit growing “outdoors” are now required to report harvests to the OLCC no later than 9:00 a.m. on the date of harvest. OLCC intends to track harvests to ensure that marijuana is not transported out of state. The new system will allow the agency to pinpoint when and where the harvests occur and the intended destination of the harvested plant material.

Audit provisions in the new rule provide for the OLCC to match harvest amounts with plant counts to ensure the numbers add up. Failing to comply with the new OLCC regulations could result in a Category III violation, potentially assessed daily. The licensee could also face suspension, license revocation, or a civil penalty.

The text of the new rule follows:

OAR 845-025-2090 Harvest Notification
(1) Notice Requirement. A producer license must file a harvest notice before harvesting usable marijuana from any mature plant located in an outdoor canopy area.
(2) Notices required under this rule must:
(a) Be filed no later than 9:00 a.m. on the day of the harvest activity;
(b) Identify the dates of the proposed harvest; and
(c) Be filed in a form and manner proscribed by the Commission.
(3) Alteration of Dates. If the harvest does not take place as described in the notice, a harvest notice may be rescinded or amended within 24 hours of the harvest date(s) identified in the harvest notice.
(4) Tracking. Filing a harvest notice does not relieve the producer from recording harvest data and other information in CTS as required by these rules.
(5) Violations.
(a) Failure to file a harvest notice is a Category III violation for each day the violation occurs.
(b) Failure to properly amend a notice is a Category IV violation for each day the violation occurs.

If you have any questions about OLCC regulations and their impact on the cannabis industry, be sure to contact an attorney here at Clifton Cannabis Law.