Oregon Cannabis: OLCC Proposes Lowering Some Violation Penalties

A few months ago, I wrote on the Oregon Liquor Control Commission’s (OLCC) new Verification of Compliance (“Fix-it or Ticket”) program that focuses education rather than penalties for certain rule violations. This week the Rules Advisory Committee (“RAC”) announced a Marijuana Violation Reclassification Package which, if adopted, will reduce the presumptive penalties for certain kinds of rule violations. (Full text of the proposed changes here). The RAC is holding a public meeting this Friday, February 12. Details on how to attend virtually may found on the OLCC’s website.

This round of rulemaking addresses six areas – each discussed below. By way of background, the OLCC sanctions schedule is laid out in tiers ranging from the most serious, license cancellation for Category I violations to fines and suspensions for Category II through IV violations. (See here.) For background on what to do if you or your marijuana business receives notice from the OLCC about a rule violation and potential sanction, see here. With that, let’s take a look at the proposed changes.

Notice of Arrest or Conviction

OAR 845-025-1160(2) requires a licensee or applicant notify the OLCC in writing of any arrest, citation in lieu of arrest, or a conviction of

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