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Eight Portlanders Shaping the Future of Cannabis in Oregon—and Possibly the World

"For Raja and Kathleen Afrika, the year 2015 was filled with highs and lows.

In January, they founded their company, then called OMMPOS.com. Four months later, they received free laptops from the Bill and Melinda Gates Foundation. In August, they married.

Then, in October, they became homeless. They simply couldn't afford Portland anymore.

The couple picked up and moved to Astoria—mostly inspired by the city's starring role in the movie The Goonies..." Read More

On December 6th Kathleen and I were blessed with a beautiful baby girl. Nyla was born 6 pounds 7 ounces, 19.5 inches long. Raja will be working reduced hours the final 2 weeks of December in "Paternaty Leave."

Kathleen's sister Sarah will be helping us out while Kathleen is on Maternaty leave. Saah will be making calls to collect subscription fees. Please welcome Aunti Sarah to the Marijuana Software team!

Now you can buy hardware like Zebra Label Printers, Star Receipt Printers plus labels, receipt paper and more directly from our new OMMPOS Store. Check out our new and improved store here!

https://ommpos.com/Home/Hardware

 Oregon Governor Kate Brown signed Senate Bill 863 into law on April 17, 2017.

SB 863 prohibits marijuana retailers from recording, retaining or transferring information contained on a passport, driver’s license, military identification card or other identification card. 

We have updated OMMPOS so that you can make sales to customers without tracking their personal information. We have made our check-in queue optional. You can just jump straight into a sale without having to check-in a customer. You can even create an anonymous membership card to track customer loyalty.

We have added other updates like improved product pricing. Now you can specify the price of your products to include tax. OMMPOS will figure out the rest.

You can also track the weight of your jars when doing inventory audits.

Please give me a call if you have any questions.

Thanks!,

Raja (971) 276 - 3371

Switching From Medical Marijuana Dispensary to OLCC Retail?

Tax Rate Changes, New Tax Filing Process Are Coming

The Department of Revenue wants to help the marijuana industry understand the changes in the tax collection process if they convert from operating as an Oregon Health Authority medical marijuana dispensary to a marijuana retailer in the Oregon Liquor Control Commission (OLCC) regulatory environment.

Different Tax Rates for OHA Dispensaries & OLCC Retailers

Once an OLCC license becomes effective, the taxes you collect on your customers’ purchases of marijuana and marijuana products will change. The "Early Start" rate now in place for medical marijuana dispensaries is 25 percent, but the retailer rate is 17 percent. You should charge your customers the lower 17 percent rate when your OLCC license takes effect.

Filing Tax Returns – Transitioning from Dispensary to Retail

Whether you remain a Medical Marijuana Dispensary or become a Marijuana Retailer you’re still responsible for filing tax returns with the Department of Revenue.

What and how you must file depends on when you transition. If your OLCC retailer license takes effect on October 1, 2016, you should electronically file your first retail tax return for the 4th quarter of 2016 on Revenue Online. You should also file your final return as a dispensary for the 3rd quarter of 2016 using Form OR-581.

If you’re transitioning at the end of 2016 and your final day of sales as a medical marijuana dispensary is December 31, 2016, and your OLCC retail license takes effect on January 1, 2017, you should electronically file your first retail tax return for first quarter 2017 using Revenue Online, and for the dispensary’s operation for the 4th quarter of 2016 file a Form OR-581.

For any other transition scenario, you’ll be required to file two returns for the 4th quarter: one on paper for the 25-percent tax rate and one electronically on Revenue Online for the 17 percent rate.

You will want to keep detailed sales records to track when your tax rate changed, so that you can accurately file reports for the two tax rates.

Please contact the Department of Revenue at marijuanatax.DOR@oregon.gov with any questions.

INFORMATION BULLETIN 2016-24 

August 12, 2016  

To:  Medical Marijuana Dispensaries, Processors, and Interested Parties 

From:   Oregon Medical Marijuana Program 

Subject:  Advertising Requirements and Restrictions  

The Oregon Medical Marijuana Program (OMMP) would like to inform all dispensaries, processors, growers and interested parties of advertising requirements and restrictions. These rules apply to all forms of advertising. Rules regarding advertising may be found under OAR 333-008-2070. http://www.healthoregon.org/ommprules  

All advertising by a registrant must include the following statements:

• Do not operate a vehicle or machinery under the influence of marijuana. 
• Keep marijuana out of the reach of children.  

 A registrant may not have advertising that:

•  Contains statements that are deceptive, false, or misleading. 
•  Contains any content that can reasonably be considered to target minors;
•  This includes but is not limited to using cartoon characters, toys, or similar images and items typically marketed towards minors in the advertisement. 
•  Specifically encourages the transportation of marijuana items across state lines. 
•  Assert that marijuana items are safe or safer for reasons including but not limited to because they are regulated by the Authority or have been tested by a certified laboratory. 
• Make claims that a marijuana item has curative or therapeutic effects unless the claim is supported by the totality of publicly available scientific evidence (including evidence from well-designed studies conducted in a manner consistent with generally recognized scientific procedures and principles) and for which there is significant scientific agreement among experts qualified by scientific training and experience to evaluate such claims; 
• This includes explicit or suggested claims related to a disease or condition. Examples are “relieves symptoms of depression” or “cures cancer”.
• Unsubstantiated health claims cannot be used as part of a company’s business name.  
•  Show consumption of marijuana items. 

A registrant may not make any deceptive, false, or misleading assertions or statements on any product, any sign, or any document provided to a patient, caregiver, or to an individual.  

If a registrant is found to be in violation of any of the advertising rules, OMMP will notify the registrant and specify a reasonable time period for the registrant to remove any sign, display or advertisement. If the sign, display or advertisement is not removed or an advertising issue continues, the registrant will be issued civil penalties of up to $500 a day or may have their registration suspended.

Source: https://content.govdelivery.com/attachments/ORDHS/2016/08/12/file_attachments/602345/Informational%2BBulletin%2B2016-24%2BAdvertising%2BRequirements%2Band%2BRestrictions.pdf

Labeling

Starting October 1, 2016, all cannabinoid products, concentrates and extracts must be compliant with labeling rules found in OAR 333-007-0010 to 333-007-0100, see also 333-0081200(8) and 333-008-1740(10). 

For Dispensaries:  Any marijuana items in a dispensary that do not meet the new division 7 labeling requirements on October 1st must be returned to whoever transferred them or the dispensary must dispose of the products. The dispensary must document any returns or disposal of products.

Packaging

Starting October 1, 2016, all marijuana items, except immature plants and seeds, must be packaged per OLCC packaging rules found in OAR 845-025-7000 to 845-025-7060.  Also see OAR 333-008-1200(8) and 333-008-1740(10).  

What does this mean?  

A dispensary or processor who packages marijuana items for ultimate sale to a consumer, patient, or caregiver must transfer all marijuana items in OLCC approved child-resistant packaging starting October 1, 2016. This includes flower and all other marijuana products but excludes immature plants and seeds. A dispensary may use child-resistant exit packaging to comply with the rules. It is a business decision between the processor and the dispensary regarding who should provide the child-resistant packaging.   

A guide is available on the OLCC website that explains the packaging rules in more detail and reviews the pre-approval process. The OLCC opened the packaging pre-approval process on August 2, 2016. Please visit the OLCC website for more information: http://www.oregon.gov/olcc/marijuana/Pages/PackagingLabelingPreApproval.aspx 

Early Retail Sales 

A dispensary may only participate in early retail sales until December 31, 2016. OAR 333-0081500(5)(6) 

What does this mean?  

Starting January 1, 2017, an OHA registered medical marijuana dispensary can only sell marijuana items to OMMP patients and caregivers.  Sales made to anyone other than registered patients and caregivers will result in enforcement action against the dispensary.  

After December 31, 2017, if a dispensary wishes to continue selling marijuana items to adults 21 years of age and older and also to medical marijuana patients and caregivers at the same location, they must be licensed by OLCC. Please visit the OLCC website for information. www.marijuana.oregon.gov   

Dispensaries and Food Safety

On and after October 1, 2016, all dispensaries that sell edibles must obtain a food safety license from the Oregon Department of Agriculture (ODA). OAR 333-008-1200(9)

What does this mean? 

In order for a dispensary to apply with ODA, every edible item the dispensary sells must have been made in an ODA approved kitchen. For more information, please contact ODA at 503986-4565 or visit the ODA cannabis website: https://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx   

Violations and Enforcement

Any registered dispensary, processor, grower, patient or caregiver that is found to be violating any of the rules may be subject to civil penalties and/or have their registration suspended or revoked. OAR 333-008-2180 through 333-008-2200.  

All rules related to medical marijuana may be found on the OMMP’s rule page at:  www.healthoregon.org/ommprules