PORTLAND BUSINESS/LAW EVENT
// OCTOBER 18, 2015
LOCATION:
Sheraton Portland Airport Hotel
8235 Northeast Airport Way
Portland, OR 97220
DATES/TIMES:
October 18, 2015
Registration opens at 8:30am
LEARN HOW TO ENTER THE LEGAL MARIJUANA/HEMP INDUSTRY IN OREGON
WHAT DO YOU NEED TO KNOW ABOUT OREGON LAWS
Origins of Marijuana Law in Oregon
On Nov. 3, 1998, Oregon voters approved citizens’ initiative, Measure 67- the Oregon Medical Marijuana Act. The act modified state law to allow the cultivation, possession, and use of medical marijuana. The act created the Oregon Medical Marijuana Program (OMMP). Under OMMP, Oregonians with a qualifying medical condition and a recommendation for medical marijuana from attending physician can register with the Oregon Health Authority (OHA) for an identification card, referred to as an OMMP Card. By issuing the OMMP card, the patient is protected from state prosecution- they cannot be prosecuted for producing, possessing or delivering marijuana as a controlled substance. In addition to legalizing medical marijuana use the act also established the Medical Marijuana Dispensary Program. Under the program the OHA registers facilities to operate as a medical marijuana dispensaries. To register you complete an online application and paying a $4,000 registration fee. Once registered the dispensary is allowed to receive marijuana and sell it for medical uses to those patients having an OMMP card.
Measure 91
While medical marijuana use has been legalized for several years, recent changes in Oregon law now legalize the recreational use of marijuana in Oregon as well. Last November Oregon voters approved citizens’ initiative, Measure 91. The act legalized possession, use, and cultivation of marijuana by adults 21 and older and regulates the commercial production, manufacturing, and retail sales of marijuana. Measure 91 does not change the Oregon Medical Marijuana Program. Under the act, legalization for personal use took effect July 1, 2015. As of that date adults 21 and older could legally possess up to 8 ounces of marijuana at home and up to 1 ounce of marijuana outside the home. They may also grow up to four plants at home, as long as they are out of public view.
Can I use Marijuana Recreationally?
Provisions under the act permitting the licensed production and retail sale of marijuana to adults were not anticipated to go into effect until next summer, however emergency legislation-Senate Bill 460- was signed into law expediting recreational sales. Senate Bill 460 allows registered medical marijuana dispensaries to engage in recreational marijuana sales to adults 21 years or older from October 1, 2015 through December 31, 2016. Sales are limited to one-quarter ounce of marijuana per day and prohibit the sale of other marijuana products such as concentrates, extracts, edibles, and waxes. Those products remain available only for medical use by OMMP cardholders. Currently recreational marijuana sales are not being taxed, but beginning on January 4, 2016 a 25% tax will be imposed. Recreational marijuana sales through registered medical marijuana dispensaries will end on December 31, 2016. As of that date registered medical marijuana dispensaries will have to apply for a recreational marijuana license with the Oregon Liquor Control Commission (OLCC) should they wish to continue to sell product into the recreational market.
Who Regulates Marijuana in Oregon
Measure 91 designates the OLCC as the state agency that will regulate the commercial growing and selling of recreational marijuana. It gives the OLCC the authority to tax, license and regulate recreational marijuana grown, sold, or processed for commercial purposes. The OLCC will impose a tax ranging from 17-20% at the retail level, which will be collected by the Department of Revenue (change from what voters approved in Measure 91- voters approved imposing tax a grower level). The following four types of recreational marijuana licenses will be available: (1) Producer (grower); (2) Processor (a business that will transform the raw marijuana into another product or extract and package and label the recreational marijuana); (3) Wholesaler (business that buys in bulk and sells to resellers rather than to consumers); (4) Retail (business that sells directly to consumers). You may hold multiple licenses and multiple types but must establish that you have been an Oregon resident for two years in order to obtain any recreational license. The OLCC will begin accepting applications for each type of recreational license beginning on January 4, 2016. It will be an online-only application process. At this point there is an annual license fee of $1,000 plus a non-refundable application fee of $250 per license application. Additional fees are undetermined at this point but are expected to be higher than what Measure 91 envisioned.
LOCATION INFORMATION:
Sheraton Portland Airport Hotel
8235 Northeast Airport Way
Portland, OR 97220
(503) 281-2500