canna law blog

Oregon Marijuana Production: Terms, Tiers and Really Big Grows

Under Oregon’s new recreational marijuana program, many of the people we used to call marijuana growers will soon become licensed “producers.” The medical program growers will still be “growers,” unless they apply to become producers, in which case those producers would remain subject to OHA grow site limitations (that is, unless the producer-licensed premises ceases

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Oregon Marijuana: Draft Rules for Labeling, Concentration and Testing

Last week, the Oregon Health Authority (OHA) issued temporary draft rules on marijuana labeling, concentration and testing. The rules are here and here. Like the Oregon Liquor Control Commission’s (OLCC) draft rules issued the same day (for the recreational program), the OHA rules are being promulgated pursuant to House Bill 3400, last summer’s omnibus marijuana

canna law blog

BREAKING NEWS: Oregon Recreational Marijuana Draft Rules Arrive

The Oregon Liquor Control Commission (OLCC) finally issued its draft rules yesterday for Oregon’s recreational marijuana program. The rules weigh in at a hefty 70 pages and you can find them here. In an accompanying release, the OLCC cautioned that “draft rule language is subject to change and should NOT be used as basis for

canna law blog

Marijuana Odor in Oregon: The Courts Weigh In

Like many recent court cases involving marijuana, last week’s Oregon Court of Appeals decision got folks talking. Most headlines read something like “Oregon court rules that the odor of marijuana smoke is not legally offensive.” This is accurate but incomplete, and sort of misleading. A complete description of the court’s holding would read something like

canna law blog

Marijuana At Airports And In The Air: Legal Or Not?

Thinking about flying with cannabis on your next vacation? In most cases, you better find an alternative because you may face serious criminal penalties for boarding an airplane with cannabis. However, at a few airports, law enforcement allows passengers to fly with cannabis when certain very limited conditions have been met. The Transportation Security Administration (TSA) is the federal

canna law blog

Oregon’s Hazy Law on Smoking Marijuana in “Public Places”

So where exactly are people now allowed to smoke marijuana in Oregon? I get this question often from business clients, who understand that smoking marijuana in public is generally verboten. In the business context, the real question is whether the subject business constitutes a “public place” in the eyes of the state. If the answer

canna law blog

Marijuana Zoning in Oregon: All Over the Map

We regularly get calls from clients in Oregon who are trying to figure out whether the property they’ve selected for their recreational marijuana business complies with applicable zoning regulations. Unfortunately, it is not yet clear what zoning regulations pertaining to recreational marijuana businesses will look like, because much of this regulation is left to individual cities

canna law blog

Legal Hemp in Oregon: It’s About Time

Recreational marijuana isn’t the only thing to get excited about in Oregon. Just this week, Oregon’s rules to obtain an industrial hemp permit just went into effect and Oregon’s Department of Agriculture (ODA) has begun accepting applications to grow hemp. Oregonians should expect to see the state’s very first state-legal hemp crop in the ground this

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Moving Marijuana Across State Lines: Still A Felony

Now that four states have legalized recreational marijuana and another twenty or so states have legal medical marijuana regimes, we are hearing people talk about how taking their legal pot across state borders by car or by air is no big deal. Unfortunately, it is a big deal. A really big deal. It should first

canna law blog

Marijuana Trademarks

A trademark is commonly thought of as a brand or a logo. Think of Nike as a brand and the swoosh as its logo. A trademark can be a word (Nike), a phrase (“Just do it”), a symbol (the swoosh), a design (the swoosh) or a combination of words and designs. The owner of a