Posted on

marijuana seeds legal in oregon

Major Changes Coming to Cannabis Industry – Most of Them Are Good

The 2021 Oregon legislative session—mostly virtual in the midst of a global pandemic—saw legislators and draft bills largely focused on economic recovery issues. Most relevant to our narrow focus, the cannabis industry won some industry-specific economic recovery in the form of relief from overregulation, thanks to the passage of SB 408.

SB 408—a joint effort by various cannabis trade associations and advocacy groups, legislators, and OLCC regulatory staff—opens doors to many growth opportunities for the state’s burgeoning cannabis industry.

What does SB 408 do?

Simply put, a lot. SB 480 is what is known as an omnibus bill. It covers a wide array of cannabis topics, from violations, to seeds, possession limits, and plastic usage in the cannabis industry. The full text of the bill can be found here, but here is a brief summary:

Right-Sizing Regulatory Enforcement

SB 408 limits the types of violations for which the OLCC may cancel a license to major offenses, such as diversion of product to the illicit market, intentionally selling to minors, or other activities that create a “significant risk of harm to public health and safety.” The law further prohibits the OLCC from pausing or delaying a license application due to pending compliance actions unless the offenses are serious enough to warrant outright cancellation. This licensing delay has historically been a barrier for licensees seeking to grow their businesses when they have minor infractions pending. Now, these minor violations will no longer hold up licensees when purchasing new licenses or making changes to current ones.

SB 408 also expressly gives the OLCC the discretion to charge individual permittees with violations rather than the businesses for whom they work. Although the OLCC arguably had discretion to make this distinction prior to passage, this is a significant change to write into the statute, given that many violations charged against cannabis licensees stem from the conduct of rogue or negligent employees, not the business entities themselves.

See also  m8 marijuana seeds

For the first time, SB 408 includes three mitigating factors that the OLCC must consider when determining sanctions for violations: self-reporting of a violation, evidence that the conduct is not persistent or serious, and the ability to demonstrate willingness and ability to control the premises. While the OLCC rules already included potential mitigating circumstances that may be considered, historically the Commission has not done so. With SB 408, OLCC will now be required to consider at least these three mitigation factors, giving licensees some ability to reduce sanctions by taking the proper steps both before and after violations are committed.

Finally, SB 408 makes two changes to OLCC rulemaking: requiring the OLCC to report on rulemaking efforts and—most significantly—mandating rulemaking to re-categorize violations to clearly define what offenses can lead to license cancellation. The implementation of new regulations regarding specific violations will be important to watch over the coming months.

Eliminating Red Tape

SB 408 makes other changes in current law that should hopefully provide cannabis businesses with additional operational flexibility, increasing potential for growth within the market:

  • Producers and processors that are “commonly owned” will be allowed to transfer and store products at each other’s premises, helping multi-license operators move product through their operations
  • Transfer manifests will no longer be required to include detailed route summaries, except where an overnight stay is part of the transportation route
  • Producers will now be able to obtain up to 200 marijuana seeds per month from any source within Oregon, at any time after licensure
  • The legal limit for individual possession of flowers will be increased from one ounce to two ounces (and the OLCC will follow with a rule amendment allowing purchases of up to two ounces of flower)
  • The bill transfers rulemaking authority over THC serving size per package limits from the Oregon Health Authority to the OLCC and requires the OLCC to adopt rules allowing for a maximum serving size of 100 mg/package (up from the current 50 mg maximum).
See also  are marijuana seeds better white or dark

​Most of the provisions of SB 408 go into effect in January 2022. Many changes also require OLCC rulemaking before they will be in effect. The OLCC has indicated that it plans to begin the rulemaking process for these changes soon so that permanent rules can be in place around January 1, 2022.

Cannabis Criminal Defense

Oregon has become one of the first states to decriminalize the sale and possession of recreational and medical marijuana. Controlled by the Oregon Liquor Control Commission (OLCC), marijuana has been legally sanctioned by the state, but it is important to remember that marijuana is still considered illegal by the federal government. It is classified as a schedule I drug along with heroin and cocaine.

In the state of Oregon it is legal to possess the following amount:

  • Up to an ounce in a public space
  • Up to eight ounces in total
  • Up to 16 ounces of solid cannabinoid products
  • Up to 72 ounces of liquid cannabinoid products
  • Up to four marijuana plants
  • Up to ten marijuana seeds

While it is legal to now possess marijuana and even grow it, it is still illegal to sell or consume marijuana in a public place. You may only purchase marijuana from a certified store front with the proper licensing and one should only consume marijuana in privacy. Furthermore, marijuana still possess a negative social stigma and it is not uncommon to be harassed by individuals or law enforcement. If you are arrested for possession of an illegal substance contact an experienced and knowledgeable attorney immediately.

See also  amsterdam marijuana seeds to kentucky

Criminal Drug Charge Defense in Oregon

While the state of Oregon has legalized marijuana, there are still many instances where law enforcement has arrested citizens for being in possession of marijuana or other cannabis related products. In various areas and counties around Oregon there has been push back from law enforcement due to the rampant production, sale, and consumption of marijuana.

If you are arrested because for possession, or any other drug related criminal offense, it is imperative that you say nothing and contact a qualified attorney right away. There are multiple defense strategies and an experienced drug offense attorney can review them with you. Defenses include: medical exception, unlawful search and seizure, drug analysis, entrapment, and in legal possession of marijuana.

Contact Us Today

Our Oregon cannabis attorney has dedicated his life and practice to the study of marijuana and all marijuana related products. As an experienced cannabis breeder, producer, and agricultural law specialist, attorney Hughes has a passion for cannabis in the legal realm and with 18 years of legal experience you can rest assured you are in the best possible hands.

Give us a call today at (541) 667-9567 to begin reviewing your case.