Oregon Cannabis: New Rules, Part 4 – Repeat Violators Beware!

This post continues our discussion of recent changes by the Oregon Liquor & Cannabis Commission (“OLCC”) to the rules and regulations governing marijuana in the State of Oregon. You can find our earlier articles here, here, here, and here. This post focuses on a new type of rule violation that addresses how cannabis licensees manage and operate their business called “history of a lack of institutional control.”

New rule: violation for a history of lack of institutional control

The OLCC places violations of rules in four categories with each having a different presumptive sanction / penalty. See Oregon Cannabis: What to Do If You Receive an OLCC Notice of Proposed License Cancellation or Other “Charging Document”. A Category I rule violation is the most serious as the presumptive penalty is license cancellation.

Among the many rule changes is the inclusion of a new type of Category I violation for “History of Lack of Institutional Control.” The new rule will be codified at OAR 845-025-8550, the full text of which is available here.

This new rule gives the OLCC authority to cancel, suspend, restrict or require mandatory training for any license and to impose a civil penalty if the OLCC “finds”

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