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09-26-16 Meeting
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09-26-16 Meeting
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Agenda Packet
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9/26/2016
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9/26/2016
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Oregons Marijuana Laws <br /> <br />marijuana facilities can locate, and imposed new testing, labeling, inspection and reporting <br />requirements. <br />With the Legislature’s more robust statutory scheme came more extensive administrative rules <br />from the OHA. Those rules, found primarily in Oregon Administrative Rule 333-008, cover <br />many of the gaps left by the Legislature,including setting out a detailed registration system and <br />requirements for testing, reporting, background checks, security, and advertising, among other <br />things. <br />Recreational Marijuana <br />In November 2014, Oregon voters approved Ballot Measure 91, which decriminalized the <br />personal growing and use of certain amounts of recreational marijuana by persons 21 years of <br />age or older. The OLCC is the agency charged with licensing and regulating the growing, <br />processing,and sale of recreational marijuana. In particular, the OLCC has been tasked with <br />administering a license program for producers, processors, wholesalers and retailers, and under <br />that program, a person may hold more than one type of license. <br />Since the voters approved Measure 91, the Legislature has made notable changes to its structure, <br />primarily increasing accountability and safety requirements. For example, the Legislatureadded <br />testing, labeling, inspection and reporting requirements for licensees, required handlers permits <br />for those working with marijuana, and charged the OLCC with licensing OHA-accredited <br />laboratories to conduct the required testing. The Legislature also expanded the OLCC’s <br />rulemaking authority, tasking the agency with, among other things, developing and maintaininga <br />seed-to-sale tracking system and adopting restrictions on the size of recreational marijuana <br />grows. The Legislature also tasked the OLCC with certifying public and private marijuana <br />researchers.As noted above, the Legislature has also tasked the OLCC with creating a system <br />for transitioning medical marijuana registrants to OLCC recreational licensing, with the <br />possibility for recreational licensees toregister with the OLCC to engage in activities related to <br />medical marijuana. <br />The OLCC has adopted temporary rulesthat begin to implement those legislative changes and to <br />fill some of the gaps left by the Legislature. For example, the OLCC has imposed extensive <br />security requirements for alarm systems, video surveillance, and a restriction on public access to <br />certain facilities or areas within facilities. The OLCC has also imposed health and safety <br />requirements, including sanitary requirements and restrictions on how marijuana is processed. In <br />addition, the OLCC has addressed a number of other issues including testing, packaging, <br />labeling, advertising, waste, and implementing a seed to sale tracking system. At the time this <br />guide was published, the OLCC was in the process of adopting permanent rules. <br />State Taxation of Recreational Marijuana <br />Early sales of recreational marijuana from medical marijuana dispensaries aretaxed at a rate of <br />25 percent. When sales from OLCC-licensed retailersbegin later in 2016, the sale of marijuana <br />items will be subject to a 17 percent state tax, to be collected by those retailers. However, in <br />Local Government Regulation of Marijuana in Oregon League of Oregon Cities | 7 <br /> <br />May 2016 (Third Edition) <br /> <br />
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