CIA/ORCA Update Email
October 26th, 2022
OLCC Rules Update
On October 3rd the OLCC sent out the notice of its proposed rules on “Marijuana & Hemp 2022 Legislation Implementation & Technical Updates“.
Yesterday – Tuesday Oct 25th – was the public hearing for people to provide verbal comments, details for how to participate are below.
Monday Oct. 31st 12:00pm is the deadline for written public comments, which you can submit by emailing nicole.blosse@oregon.
Here is the link to the proposed rules package:
Marijuana & Hemp 2022 Legislation Implementation & Technical Updates
The CIA/ORCA team is reviewing all the rules and crafting our response that we will submit on behalf of our members. We encourage every licensee to review the rules and submit comments to the OLCC if you feel strongly about a proposed rule change(s).
There are some very good changes in this package and there are changes that some will find concerning and/or disruptive to established business models and relationships.
The OLCC’s summary with additional CIA/ORCA notes is in the next section to help direct you to the biggest changes.
Please reach out to us with questions, concerns, or ideas about the proposed rule changes at – Staff@
This is a very long rules package at 173 pages however many of the changes aren’t going to be relevant to most licensees so you don’t have read everything. Here are some tips to help if you have not reviewed rules before.
1) A large portion of the changes deal specifically with HB 3000 and Hemp so you can skip those changes if they are not relevant to you.
2) Skim for changes – Everything that the OLCC added is underlined and everything they deleted is strikethrough so you can skim/skip the text that is normal and focus on the proposed changes.
3) Focus on rules that are relevant to your license type and skip everything else if you don’t have time.
4) Use the summary and notes below and don’t hesitate to ask us for help.
OLCC’s Summary of Proposed Rule Changes
with CIA/ORCA Notes in RED:
Rule changes due to legislation:
1. House Bill 4016 section 6 and House Bill 4074 section 3 amend ORS 475C.105 to provide that the Commission may allow a marijuana retailer to relocate to another premises if the Commission becomes aware that a school was located within 1,000 feet at time of licensure. This amendment requires a change to OAR 845-025-1160, implemented through adoption of OAR 845-025-1180.
2. House Bill 4074 section 4 amends ORS 475C.269 to require individuals who perform certain kinds of work on behalf of a laboratory licensee to hold a worker permit issued by the Oregon Liquor and Cannabis Commission (OLCC). This amendment requires a change to OAR 845-025-5500.
OLCC initiated rule changes to address technical issues:
1. Amending definitions of terms, correcting errors, making minor clarifications, removing language that no longer applies, updating references to rules and statutes, and correcting language to conform to administrative rule conventions.
2. Specifying violation categories for violations that were not previously categorized, establishing categorizations and penalty caps for packaging and labeling violations, and specifying a process for licensees to request a letter of good standing from OLCC.
3. Updating license denial criteria. Includes allowing denial for certain types of illicit cannabis activity, allowing denial for co-location with an Oregon psilocybin product manufacturer or service center license, and allowing greater flexibility around denial for co-location with other marijuana licenses under certain circumstances.
4. Updating laboratory and testing rules to require laboratories to retain samples, specify that relevant agencies may request material from laboratory samples, clarify that laboratory licensees share the same responsibilities as other licensees in certain circumstances, and prescribe a corrective mechanism when audit testing shows significantly different potency than the original compliance test.
5. Adopting a rule that modifies how processing is recorded in the Cannabis Tracking System (CTS).
6. Amending product recall rules to describe the process for a licensee conducting a recall.
7. Clarifying the duration for which license is issued for an approved initial or renewal application and clarifying that renewal applications must always be submitted annually to keep a license active.
8. Clarifying the requirements for testing of hemp and hemp items by OLCC licensees and OLCC industrial hemp certificate holders.
9. Amending and clarifying the process for change of ownership, change of location, and change of business structure requests.
10. Removing the fee for a producer licensee to obtain a medically designated canopy registration and clarifying the immature plant transfer privileges for producers with a medically designated canopy registration.
11. Updating privileges, prohibitions, and requirements for retailer licensees related to discounts, consumer sales area, walk-up and drive-up windows, and on-site delivery.
12. Adopting a rule to allow marijuana transfers between state and tribal licensees.
13. Amending the labeling rules in divisions 25 and 26 to clarify requirements for labeling of hemp products and labeling of very small containers.
14. Clarifying and detailing the recall process for violative products.