Last month, together with streamlined licensing, the Oregon Liquor Control Commission (OLCC) introduced a big (and welcome) change to its compliance perform by instituting a brand new Verification of Compliance program (VOC) that may deal with schooling reasonably than penalties for sure sorts of marijuana rule violations. The VOC launched in early October and arose from conferences with the trade this previous summer time. The OLCC is within the strategy of formal everlasting rulemaking for the VOC program, which I anticipate will take a number of months.
The VOC program permits OLCC inspectors to situation VOC paperwork (the “ticket”) to licensees for a choose variety of violations. Where the licensee is ready to repair the issue throughout the required timeframe, the OLCC is not going to begin additional proceedings in opposition to the licensee. This is nice information! But beware– the OLCC reserves discretion to pursue “ticket” violations if a licensee exhibits a basic disregard for guidelines and legal guidelines. So licensees mustn’t deal with cavalierly rule violations which can qualify for a “fix-it ticket.”
What sorts rule violations might qualify for the VOC? The OLCC recognized 4 standards related to this willpower.
- The violation should be probably fixable, i.e. the licensee has the aptitude of fixing or correcting the issue. (Not an instance: promoting marijuana to a minor.)
- The corrective motion should be measurable by the OLCC. This means licensees and regulatory specialists should be in a position to level to tangible/concrete motion to exhibit compliance. (Example: fixing digicam protection).
- The violations eligible for VOC ought to be teachable, learnable, and executable. (Example: points with METRC). This narrows the record of eligible violations significantly and displays that the VOC is designed to tackle comparatively frequent violations with a low chance of recurrence.
- The VOC ought to present a constructive impression for each licensees by educating licensees and for OLCC workers by decreasing the workload quantity of enforcement circumstances presently routed by means of the executive listening to division.
Has the OLCC recognized violations that qualify for VOC? Yes, the OLCC’s compliance schooling bulletin identifies 5 violations that meet the above standards. These are video recording, Seed-to-Sale monitoring with METRC, stock reconciliation with METRC, safety necessities, and UID tags. But observe this record might change because the OLCC implements this system and develops everlasting guidelines.
This is great work by the OLCC, which continues to exhibit its want to work with, reasonably than in opposition to, Oregon’s marijuana trade. The VOC program displays the maturation of the trade on the West Coast—final 12 months Washington State took steps to shift from adversarial enforcement to compliance for its marijuana licensees— and aligns with statements by the OLCC that it seeks “willing partners” within the hashish trade.
You can discover the OLCC’s information launch on the VOC here and its Compliance Education Bulletin here. And for extra data regarding the OLCC’s enforcement of the marijuana guidelines and rules and what to do in case your marijuana enterprise discover itself in bother with the OLCC, see: