A few months ago, we chronicled a suit that Josephine County brought against the State of Oregon, which challenged the legality of the state’s marijuana laws. On August 30, Federal Magistrate Judge Clarke recommended dismissal of the lawsuit. In succinct fashion, Judge Clarke noted that Josephine County lacks standing to sue the State of
OLCC ‘Pauses’ Review of New Recreational Marijuana License Applications
Citing an unmanageable backlog of recreational marijuana license applications and difficulty meeting its responsibilities to existing licensees, the Oregon Liquor Control Commission (OLCC) announced today that it will “pause” review of new recreational license applications effective June 15, 2018. The OLCC will also reallocate staff from licensing review to compliance and enforcement, focusing on the…
Josephine County Sues State of Oregon Over Marijuana Laws
Josephine County responded aggressively to a recent adverse decision by the Oregon Land Use Board of Appeals (LUBA), bringing suit against the State of Oregon to invalidate the state’s marijuana laws. The complaint, filed April 3, 2018, argues that the federal Controlled Substances Act (CSA) preempts Oregon’s recreational and medical marijuana schemes.
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Oregon Land Use Board of Appeals Remands County Ordinance Restricting Marijuana Production
In Cossins v. Josephine County, issued March 14, 2018, the Oregon Land Use Board of Appeals (LUBA) remanded a recently adopted ordinance to Josephine County. The ordinance, No. 2017-002, would have restricted marijuana production on land zoned Rural Residential to lots and parcels larger than five acres, effectively prohibiting marijuana production on anything less…
Proposed Marijuana Farm Raises Scope of Oregon’s Right-to-Farm Law
A case in Yamhill County Circuit Court in McMinnville, Oregon pits two farms — a vineyard and a potential commercial marijuana grower — against each other, implicating the scope of Oregon’s Right to Farm law. At issue in Mahesh v. Wagner is a proposal by the owner of nearly seven acres of farmland to grow…
OLCC Eases Transition From Medical to Recreational Marijuana Sectors (and Releases Related Business Resources)
The Oregon Liquor Control Commission (OLCC) recently adopted new rules designed to ease the transition from the Oregon Medical Marijuana Program (OMMP) to the OLCC regulated recreational marijuana industry. The rules address concerns about a shortage of OLCC licensed retail outlets, which impacts the viability of licensed growers and processors, as well as concerns about a shortage of supply as those growers and processors get up and running.
The rules (OAR 845-025-2910 and -3310) allow OMMP dispensaries and processors to transfer OMMP inventory acquired before October 1, 2016, to OLCC licensed retail and processing operations. Transferred inventory will enter the seed-to-sale tracking system and must be sold by March 1, 2017.…
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