The Oregon Liquor Control Commission has updated its frequently asked questions site for information about Oregon’s recreational cannabis system.
Sales from the full recreational system likely won’t begin until late 2016. The state currently allows recreational sales through medical dispensaries, under a temporary early start program that will end in December, 2016.
The full FAQ is available online here: http://www.oregon.gov/olcc/marijuana/Pages/Frequently-Asked-Questions.aspx
Below are a selection of consumer-focused questions from the release:
Q: Is synthetic marijuana legal?
A: Beginning in 2016 medical marijuana growers may apply for an OLCC license to sell their excess product into the recreational market. Medical dispensaries can currently sell a one quarter ounce of marijuana flower to any adult over the age of 21. Visit the Oregon Health Authority website for participating dispensaries. This provision sunsets on December 31, 2016. Q: Who collects the tax on recreational marijuana?
A: Taxes on recreational marijuana will be collected by the Oregon Department of Revenue at the retail level. Q: How is Washington state’s recreational marijuana law different than Oregon’s?
A: See Oregon/Washington/Colorado Comparison. Q: Is it legal to possess or use recreational marijuana on Federal or Tribal land in Oregon?
A: Measure 91 and HB 3400 do not address the possession or use of recreational marijuana on the land of Federally Recognized Tribes in Oregon. This is an issue between the Federal Government and Tribal Governments.
Q: Who will be eligible for a marijuana retail sales license (i.e. own a store)?
Is in the habit of using alcoholic beverages, habit-forming drugs, marijuana, or controlled substances to excess.
Has made false statements to the commission.
Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed.
Has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license.
Has maintained an insanitary establishment.
Is not of good repute and moral character.
Did not have a good record of compliance with sections 3 to 70 of this Act or any rule of the commission adopted pursuant thereto.
Is not the legitimate owner of the business proposed to be licensed, or other persons have ownership interests in the business which have not been disclosed.
Is not possessed of or has not demonstrated financial responsibility sufficient to adequately meet the requirements of the business proposed to be licensed.
Is unable to understand the laws of Oregon relating to marijuana or the rules of the commission.
A: This was determined by the OHA. By law, the OLCC is required to accept the OHA established limit.
A: Those cities and counties that voted 55% or more in opposition to Measure 91 and must have adopted an opt-out ordinance by December 27, 2015. For those cities/counties that are putting the matter on the next general election, there is no deadline.
Q: If you’re currently a grower for the Medical Marijuana Program can you still participate in the OLCC Recreational marijuana program?
A: Yes, those currently registered as growers for the Medical Marijuana Program under the OHA may still participate in the OLCC recreational program at the same location under the Opt-In provision found in our rules. Opt-In producers are limited to the number of plants allowed by OHA, and can only sell the excess amount of product into to the recreational market. Please refer to Section 845-025-2400 of our temporary rules for more information.
Q: Can an OLCC licensed producer supply products to Medical Marijuana Dispensaries?
A: No. Marijuana grown under the OLCC producer license is intended to stay within the OLCC licensing system.
Q: I currently have a Medical Dispensary registered under the OHA. Can I co-locate, using the same address for my OLCC licensed retail store?
A: Currently the law does not all co-location of dispensaries and OLCC licenses. It may be possible for medical marijuana and recreational marijuana businesses to be located in the same building that has different suites/units in the building. However each suite/unit would need its own address and must be completely separate. No sharing of facilities, space, or marijuana products will be permitted.
A: As stated in Measure 91, the purpose of the Act is to:
Eliminate the problems caused by the prohibition and uncontrolled manufacture, delivery, and possession of marijuana within this state;
Protect the safety, welfare, health, and peace of the people of this state by prioritizing the state’s limited law enforcement resources in the most effective, consistent, and rational way;
Permit persons licensed, controlled, regulated, and taxed by this state to legally manufacture and sell marijuana to persons 21 years of age and older, subject to the provisions of this Act;
Ensure that the State Department of Agriculture issues industrial hemp licenses and agricultural hemp seed production permits in accordance with existing state law;
Establish a comprehensive regulatory framework concerning marijuana under existing state law.
A: Measure 91 allows Oregonians to grow limited amounts of marijuana on their property and to possess personal limited amounts of recreational marijuana for personal use beginning July 1, 2015 under Oregon law. The measure also gives OLCC authority to tax, license and regulate recreational marijuana grown, sold, or processed for commercial purposes. The OLCC does not regulate the home grow/personal possession provisions of the law. The sale of small amounts of recreational marijuana through medical marijuana dispensaries which started October 1, is regulated by the Oregon Health Authority. The OLCC will begin accepting applications for growers, wholesalers, processors and retail outlets on January 4, 2016.
Q. When did Measure 91 go into effect?
A. The home grow/personal possession provisions of the measure started on July 1, 2015. Sales of small amounts of recreational marijuana through medical marijuana dispensaries began October 1. Visit the Oregon Health Authority’s website to locate participating dispensaries. The OLCC will begin issuing commercial recreational marijuana licenses to growers, wholesalers, processors and retail outlets in 2016.
Q. Who will implement the initiative?
A. The initiative designates the Oregon Liquor Control Commission as the state agency that will regulate the commercial growing and selling of recreational marijuana. It also gives the OLCC authority to license and regulate commercial recreational marijuana operations. The OLCC has no authority to regulate or enforce the home grow/personal possession provisions of the law. Sales of small amounts of recreational marijuana through medical marijuana dispensaries are regulated through the Oregon Health Authority.
Q: Has Measure 91 been changed from what voters approved?
A: Yes. The 2015 session of the Oregon Legislature made technical changes to Measure 91. It also authorized the sale of small amounts of recreational marijuana through Oregon Health Authority medical marijuana dispensaries as of October 1. The Legislature also changed the way recreational marijuana is taxed. Instead of the OLCC imposing the tax at the grower level, it will now be imposed at the retail level and collected by the Department of Revenue.
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