Oregon Cannabis Law
Recreational Marijuana and Hemp
Oregon Cannabis Law
The rules regarding recreational marijuana, medical marijuana, and hemp differ by each state, county, and municipality. Sometimes these local laws contradict federal law, which broadly prohibits marijuana altogether. Therefore, running any cannabis business requires more than simple compliance with your primary state regulatory agency. For each cannabis business, there are numerous land use considerations, employment issues, business entity choices, and contract obligations.
Don’t go it alone. Having an attorney on your side can mean the difference between cannabis business success and failure. Navigate Law Group can help analyze which business entity type (limited liability company, corporation, etc.) is best suited for your operation. We can also help you comply with federal regulators for hemp, state licensing and registration agencies for hemp and marijuana, and municipal and county land use and cannabis regulators. We can assist in negotiating business-to-business contracts, drafting compliant standard operating procedures, and creating employee handbooks that comply with state and federal law. Whether you need an attorney for a single issue or full-service general counsel, we’re here for you.
We help clients in the following cannabis law areas in Oregon:
- Oregon recreational marijuana licensing
- Oregon medical marijuana licensing
- Hemp production and processing registration
- Administrative hearing representation
- Regulatory compliance
Are you a cannabis retailer or farmer in Oregon? We can help!
We serve clients in all Oregon counties, including Multnomah, Washington, Clackamas, Lane, Linn, Jackson, Josephine, Coos, Deschutes, Polk, Yamhill, Marion, Tillamook, Lincoln, Benton, Curry, Columbia, Hood River, Clatsop, and Douglas.
Whether you are a recreational marijuana retailer in the cities or own a marijuana and hemp farm in unincorporated rural areas, our Oregon cannabis attorneys are ready to help you. Keep going full speed ahead without legal questions bogging you down.
Cannabis purchase contracts
If you are a recreational marijuana producer, processor, or wholesaler in the business of selling product to other license holders in Oregon, it’s always advisable to do so pursuant to a written agreement. Not only are contracts important to make sure both parties are aware of the exact quantity, price, and delivery terms, contracts can also determine what happens in the event one party doesn’t hold up their end of the bargain.
Oregon Recreational marijuana licensing
Oregon Medical marijuana licensing
Hemp production and processing registration
Administrative hearing representation
Frequently Asked Questions
Do I need a license to produce hemp?
Yes. The 2018 Farm Bill created new requirements for hemp farmers to comply with the US Department of Agriculture and the various state departments of agriculture. Fortunately, both Washington and Oregon have clear guidelines and processes for who must apply and how to do so. Speaking with an attorney about which licenses and registrations are needed is highly recommended.
Is cannabis legal in both WA & OR? How strict are the laws in both states towards cannabis law?
Cannabis is legal in both Washington and Oregon, though a number of restrictions apply. Hemp, which is statutorily defined as cannabis containing less than 0.3% THC on a dry weight basis, is now federally legal, assuming the producer and handler or processor followed appropriate state and federal regulations. Recreational marijuana, while legal in both states, is federally illegal. The laws surrounding recreational marijuana, its production, its sale, and possession are very complex even in the states that allow it. If you have questions about hemp or recreational marijuana, it is recommended that you contact an attorney.
How to get licensed as a marijuana retail store in WA & OR?
Those wishing to receive a marijuana license must apply to their local regulator. At this time, the Washington Liquor and Cannabis Board is not accepting additional licenses. However, the Oregon Liquor and Cannabis Commission is still accepting applications, and has in fact streamlined its application process significantly.
Who is OLCC? WHo is ODA? What’s the difference?
The Oregon Liquor and Cannabis Commission is the regulatory body governing liquor and recreational marijuana in Oregon. The Oregon Department of Agriculture is the regulatory authority for food and agriculture in Oregon. Both regulators are involved in recreational marijuana in Oregon.
How do I start a business selling cannabis?
Starting a business requires a number of critical steps, such as registration with the appropriate secretary of state, filing with the IRS, insurance concerns, sources of funding, etc. However, cannabis businesses also require obtaining proper licensing or registration from applicable regulators, such as the WLCB or the OLCC.
What are the business license requirements for a cannabis business?
License requirements vary depending on each license. State regulatory bodies, such as the OLCC, impose restrictions on security requirements, licensing, etc. Local land use officials may impose additional requirements, such as maintaining a certain distance from residentially zoned properties. Building departments and fire marshals have their own requirements as well, including capacity and storage of dangerous materials (for marijuana processors). It is strongly recommended that you contact an attorney to understand which requirements apply to your license and location.
Who can sell recreational cannabis in WA & OR?
Only marijuana retailers, licensed by the Washington Liquor and Cannabis Board or the Oregon Liquor and Cannabis Commission may sell recreational marijuana in their respective states.
I rent my place. Can I still grow?
A leased space may be sufficient for a recreational marijuana producer license, assuming that the location and its features satisfy state law.
Is selling homegrown weed legal in Oregon/Washington?
Is it legal to sell cannabis online?
Advertising online is legal under state law, subject to a series of restrictions. For example, advertising in a way that is directed to minors is illegal. Oregon allows licensed recreational marijuana retailers with a home delivery endorsement to deliver marijuana to authorized purchasers. However, all sales of recreational marijuana must be completed within the state in order to comply with state law.
Do I need a license to sell CBD?
If CBD is derived from recreational marijuana, a license is required for its production, processing, wholesaling, and sale. If CBD is derived from hemp, a registration with the Oregon (or Washington) Department of Agriculture is required for producers and handlers. CBD sales on their own do not require a license as long as the product complies with state and federal law.
Can I sell cannabis on Amazon, eBay, or other marketplaces?
While certain hemp-derived CBD sales may occur on online marketplaces, recreational marijuana may not be sold through such marketplaces.
Do I need a license to produce recreational marijuana? What if I want to grow medical or recreational marijuana for my own home use?
Recreational marijuana, whether produced commercially or for home use, is illegal under federal law. Nonetheless, both Oregon and Washington have a licensing process for commercially produced recreational marijuana, and both states provide for growing certain types of marijuana for home use, subject to significant restrictions. For example, medical marijuana for home use may be available in Washington, but recreational marijuana is not. To qualify for growing medical marijuana in Washington, a grower must meet the requirements specified in Washington's medical marijuana laws. Conversely, in Oregon, you may grow up to four household recreational marijuana plants, but they may not be sold commercially. In both cases, additional fact-specific restrictions apply, so it is recommended to speak with an attorney before you begin planting.
What’s the difference between hemp and marijuana from a legal perspective?
State and federal law distinguish hemp and recreational marijuana a little differently, but generally, hemp contains less than 0.3% THC on a dry weight basis. Anything beyond that amount is considered marijuana, is illegal under federal law, and requires specific licensing under state law.
What are all the different kinds of marijuana/hemp related license in WA/OR? How do I know which license I need to either start a hemp farm or sell cannabis products?
Recreational marijuana licenses exist for producers, wholesalers, processors, retailers, laboratories, and researchers. Additional endorsements, such as endorsements to deliver recreational marijuana in Oregon, may apply to each. Different hemp registrations exist for production and processing. Moreover, further licensing may be required for food items. Knowing which license type is necessary requires knowing which industry you’re in, as well as a careful analysis of applicable law. It is strongly recommended that you contact an attorney to understand which license is needed.
Can I sell CBD interstate?
Because of the recent changes in the 2018 Farm Bill, CBD derived from hemp is no longer listed under Schedule 1 of the Controlled Substances Act. However, CBD derived from recreational marijuana, even if it is legal in the state of Washington or Oregon, is not legal under federal law because it is still considered “marijuana” rather than “hemp.” Interstate commerce of recreational marijuana-derived CBD is illegal. Talk to an attorney if you are concerned about the legality of the product you’re transferring in or out of the state.
Our Cannabis Law Attorney
Trevor J. Cartales
Business Law | Alcohol Law | Cannabis Law | Consumer Protection | Civil Litigation | Land Use Law | Entertainment Law
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