Oregon Cannabis: Beware the Services Agreement

Services agreements are a problem in the Oregon cannabis industry. These agreements have been around since at least 2016, when our office and at least one other law firm developed early templates in consultation with the Oregon Liquor and Cannabis Commission (“OLCC”). That form was called a “management agreement” and you will see them referred

plant variety protection act hemp

Hemp Litigation and the Plant Variety Protection Act

Last week, Phylos Bioscience filed a federal court complaint against Silver Lion Farms in the District of Oregon. The complaint details that Phylos and Silver Lion had entered into a Letter of Engagement for Silver Lion to  purchase $2,954,250 worth of hemp seeds of two different varieties – 14,625,000 of AutoCBD seeds and 8,775,000 of

oregon cannabis license moratoria

Update: Proposed Oregon Cannabis License Moratoria

Earlier this week, I canvassed the key cannabis bills enrolled at the outset of the Oregon legislative session. I mentioned that HB 4016 was sucking up all of the oxygen due to its Oregon cannabis license moratoria, including the retroactive moratorium on new producer applications effective January 1, 2022. That retroactivity concept came out of

hemp biomass litigation

Oregon Hemp/CBD: Federal Court Allows Biomass Business Litigation to Proceed

The litigation fallout from the hemp rush continues to wind its way through state and federal courts. Just a few years ago everyone and their brother was hot on hemp. Investment capital flooded into Oregon and other states and the industry was awash in new Hemp/CBD farming, processing, manufacturing, and retail businesses. The sheen has

oregon cannabis producer license application

Oregon Cannabis 2022: Legislative Forecast and Report

The 2022 Oregon legislative session kicks off today. It’s a short session this year, with fewer cannabis bills than usual crowding the docket. In 2021, for example, we had 28 enrolled bills to start; eventually, 10 became law. This year we start with only five enrolled bills. Those five submissions overlap in some cases, but

oregon cannabis new rules

Oregon Cannabis: New Rules

The coming New Year heralded new administrative regulations for marijuana in the State of Oregon. These changes came through the Oregon Liquor and Cannabis Commission (OLCC) rulemaking process. That process, in turn, stems from cannabis laws passed by the Oregon legislature earlier this year. Common Ownership Issues Common Ownership Definition Oregon allows verticality in its

oregon cannabis

Oregon Cannabis: State of the State (2021)

Welcome to the sixth annual “State of the State” post on Oregon cannabis. This year was relatively staid compared to 2020, but key features included: a plateau in pricing and regulated sales; intensifying local competition; important new laws, administrative rules and policies; a hollowed out hemp market; and some interesting large company activity. Sales look

olcc marijuana license application

Oregon Cannabis: OLCC Will Resume Processing New License Applications!

Big news from the Oregon Liquor and Cannabis Commission (OLCC) this week as it announced it has resumed accepting and processing of new marijuana retailer, wholesaler, and processor applications submitted after June 15, 2018. This is welcome news as the OLCC had imposed an administrative “pause” on new applications to focus on existing licensees and

oregon cannabis compliance

Oregon Cannabis Compliance: Three Common Problems

An Oregon Liquor and Cannabis Commission (OLCC) licensee must comply with all rules stemming from ORS 475B. There are a lot of them. These rules have been in a constant state of flux since 2015, and they are buttressed by other sets of permanent rules, temporary rules, proposed rules, bulletins and guidance. In my experience,

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Oregon Cannabis: Key Updates from the OLCC at Third Annual Cannabis Law Institute

Last Friday and Saturday, members of the Oregon Bar gathered (online) for the third annual Cannabis Law Institute (CLI) put on by the Cannabis and Psychedelics Law Section of the Oregon State Bar. Topics included agricultural liens and receiverships, securities in the cannabis industry, federal and state hemp updates, Oregon’s Psilocybin Act, and the failures