cannabis testing

Oregon Cannabis: Challenging Testing Requirements Take Effect March 1, 2023

I’ve spoken with a handful of clients recently who are anxious about Oregon’s new cannabis testing requirements. These requirements cover heavy metals and microbiological contaminants, and they take effect on March 1, 2023. The scuttlebutt is that many failed tests are inevitable if the labs do their jobs. And the labs are under scrutiny at

oregon cannabis legislative forecast

Oregon Cannabis 2023: Legislative Forecast and Report

The 2023 Oregon legislative session kicked off yesterday. It’s a regular session this year, meaning we’re in for a longer stretch– a 160 day calendar, versus the 35 day affair we see in even-numbered years. Following November’s elections, the state government also looks quite different than the last few years, from the Governor’s office on

new Oregon cannabis rules

Reviewing the New Oregon Cannabis Rules

In November 2022, the OLCC adopted and amended a suite of cannabis rules that became effective January 1, 2023. You can download the changes here and read our previous coverage of many of these changes here, here, here, and here. Now that Oregon’s new cannabis rules are effective, let’s take a look at some of

oregon cannabis

Oregon Cannabis: State of the State

Welcome to the seventh annual “State of the State” post on Oregon cannabis. For the first year since program launch, regulated cannabis sales fell in the state. We also saw significant legislative and regulatory changes, further contraction of the hemp industry and a myriad of interesting odds and ends. Overall, it has been a rocky

COGS

Oregon Tax Court Rules on Marijuana Grow COGS

For several years one of the biggest problems the cannabis industry has faced is I.R.C. Section 280E. It suffocates the regulated marijuana industry. A recent decision by the Oregon Tax Court addresses Section 280E and what may properly fall under Cost of Goods Sold (“COGS”) in the context of a marijuana grow operation. (See here, here, here, here and here

drive-thru delivery

Oregon Cannabis Rules Update: Drive-Thru, Delivery

Last month, my Portland colleague and cannabis business litigator extraordinaire Jesse Mondry authored a post titled Oregon Cannabis: Drive-Thru Marijuana Sales Ending? On Friday, December 16, we got an answer to that question. The answer, I’m glad to report, is “not at this time.” That determination came via the Oregon Liquor and Cannabis Commission’s (OLCC)

drive thru cannabis

Oregon Cannabis: Drive-Thru Marijuana Sales Ending?

The OLCC rulemaking process continues after a public hearing on October 25 and the close of the public comment period on October 31. You can read our prior coverage here, here and here, and you can read the proposed rules here. The public hearing lasted about 35 minutes and a hot topic was whether retailers may

oregon proposed cannabis rules

Oregon Proposed Cannabis Rules: Mixed Bag

We have been reviewing a raft of Oregon Liquor and Cannabis Commission (OLCC) proposed rules that could significantly affect the Oregon marijuana industry. These proposed rules have implications for licensees, potential licensees and even people doing business with industry like landlords and lenders. Everyone, really. You can find the first three posts in our series

olcc conditional approval

Oregon Marijuana: Proposed Rule Threatens Licensee Ability to Raise Capital

This post continues our discussion of rule changes proposed by the Oregon Liquor and Cannabis Commission (OLCC). (Other posts here and here, and please stay tuned for an omnibus post by Vince Sliwoski). Today the topic is a proposed revision to the rules governing changes in business structure. In particular, a proposed conditional approval rule

Warning icon sign

Oregon Marijuana: Proposed “Change in Location” Rule Adds Risk for Sellers

The Oregon Liquor and Cannabis Commission (OLCC) regularly engages in new rulemaking and this year is no different. The OLCC has a proposed a slate of rule changes it deigns as responsive to implement 2022 legislation and technical updates. But this round of rulemaking has numerous substantial revisions to the rules that are not required