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Oregon’s New Cannabis Laws: 2021 Edition

The 2021 Oregon legislative session wrapped up on Sunday, June 27. Thus I am here with our annual update on the state’s new cannabis laws. This year, I count 10 passed bills that deal squarely with cannabis. Some of these bills already have been signed by Governor Brown, while others are still making their way

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Oregon Cannabis Industry Proposes Changes to Rules and Statutes

This note discusses legislation proposed for this year’s Oregon legislative section. Specifically, Senate Bill 408, titled “Enforcement Reform,” that seeks to amend the statutes governing recreational marijuana and the Oregon Liquor Control Commission’s (“OLCC”) promulgation and application of administrative rules. The chief proponents of SB 408 are the Oregon Retailers Association of Cannabis (“ORCA”), the

Cannabis Litigation: Third-Party Subpoenas and the Illegality Defense

Cannabis Litigation: Third-Party Subpoenas and the Illegality Defense

This post discusses the use of the federal “illegality defense” in connection with third-party subpoenas in litigation. Let’s start with a review of the illegality defense.  Cannabis litigators, investors, and companies who decide to file a lawsuit arising out of a business transaction likely are familiar with the “illegality defense.” An initial question is choosing

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Cannabis Taxes, the Biden Plan, the Oregon Plan and Your Bottom Line

Here is a scare article published last week in Portland’s Willamette Week. I like that publication pretty well, but the article makes a trio of tax-related assertions which strike me as wrong. In the author’s defense, suspect cannabis tax reportage is an industry pastime and the narrative of fiscally oppressed cannabis stores is attractive. Consider

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Oregon Cannabis: Why Won’t OLCC Treat Settlement Negotiations as Inadmissible?

We regularly represent Oregon marijuana licensees in administrative proceedings commenced by the Oregon Liquor Control Commission (OLCC).  As anyone with a license knows, the OLCC regulates medical and recreational cannabis in Oregon. This includes enforcing the administrative rules against licensees when the OLCC believes a licensee has violated the administrative rules found in Chapter 845,

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Oregon Cannabis: OLCC Proposes Lowering Some Violation Penalties

A few months ago, I wrote on the Oregon Liquor Control Commission’s (OLCC) new Verification of Compliance (“Fix-it or Ticket”) program that focuses education rather than penalties for certain rule violations. This week the Rules Advisory Committee (“RAC”) announced a Marijuana Violation Reclassification Package which, if adopted, will reduce the presumptive penalties for certain kinds

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Ten Years in the Oregon Cannabis Industry

Last month, I spent a Saturday scraping together a syllabus for the Cannabis Law and Policy class I teach at Lewis & Clark Law School here in Portland, Oregon. In one unit, we go through the regulatory history of Oregon cannabis. From an academic perspective, it’s amazing to look at all the things that have

oregon cannabis legislative session

Oregon Cannabis 2021: Legislative Forecast and Report

The Oregon legislative session kicked off in earnest last week (online) with 28 proposed cannabis bills crowding the docket. We’ll probably see another dozen or so between now and June. In this post, I will run down the list and offer brief comments on each offering. Before diving in, though, some context will be useful.