OMMPOS Blog - OMMP

Portland, OR --  Today the Oregon Liquor Control Commission approved a temporary rule that supports social distancing to promote prevention of the spread of the COVID-19 virus, by allowing licensed marijuana retailers to conduct limited transactions outside their licensed premises.  The action will permit retail licensees to take orders and deliver product from the retail store to a person who is outside of the store and within 150 feet of the retailer’s licensed premises.

At an emergency meeting to consider temporary rules impacting the business activity of OLCC licensees in the alcohol and marijuana industry, the Commission took its action to promote social distancing in the wake of the COVID-19 virus.  The Commission’s action aligns with the Governor’s Executive Order that prohibits public gatherings of 25 people or more, and encourages people to distance themselves by at least 3 feet while in public. 

The temporary rule also increases the amount of flower that OMMP cardholders and caregivers can purchase to 24 ounces per day and no more than 32 ounces per month. This change temporarily increases the daily purchase limit for OMMP cardholders to match their personal possession limit. This rule does not change the total monthly amount a cardholder or caregiver is currently permitted to purchase from an OLCC-licensed retailer.

The temporary action that the Commission has taken is designed to balance the protection of public health while at the same time helping struggling businesses.  Marijuana industry guidance can be found here.

The first meeting of the Oregon Cannabis Commission will be held this Friday, December 8, 2017 from 1:00 PM to 3:00 PM. The meeting will be held in Portland. 

For more information or to sign up for e-mail updates specific to the Commission, please visit the new Cannabis Commission webpage at: healthoregon.org/cannabiscommission

The Oregon Cannabis Commission was established in the 2017 legislative session through House Bill 2198

The mission of the Commission is to provide advice to the Oregon Health Authority with respect to the administration of ORS475B.400 to 475B.525; and the Oregon Liquor Control Commission with respect to the administration of ORS475B.010 to 475B.395, as those statutes pertain to registry identification cardholders and primary caregivers.

The commission is tasked with determining:

• A possible framework for future governance of the Oregon Medical Marijuana program;
• Steps to address research on cannabis in areas of public health policy and public safety policy;
• Agronomic and horticultural best practices;
• Medical and pharmacopoeia best practices;
• A long-term plan to ensure cannabis will remain affordable to persons with debilitating medial conditions; and
• Monitor and study federal laws, regulations and policies regarding marijuana.

Can OMMP Growers sell product to OLCC Dispensaries?

We called the OMMP to find out.

The OMMP directed us to the OLCC's Marijuana information hotline (503-872-5000).

When we called the OLCC hotline we got the following answer (paraphrased)

"Yes, this most recent legislative session did change the rules so that OMMP producers will be able to sell to OLCC Rec facilities. The rules have been updated but there are still no mechanisms in place to implement the new rules. Until we have a chance to update these mechanisms we will be operating under the old rules where OMMP is not allowed to sell to OLCC. We anticipate that we will have a chance to update this mechanisms around the beginning of the year 2018."

So, yes the rules have changed to permit OMMP Growers to sell to OLCC Dispensaries but you can't do it yet.

Raja
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Establishes Sharing Framework between Producers and Patients

Portland, Oregon – The Oregon Liquor Control Commission today approved rules allowing growers licensed in Oregon’s Recreational Marijuana Program to grow marijuana specifically for Oregon Medical Marijuana Program (OMMP) cardholders.  Under this “medical bump-up” arrangement recreational producers will be allowed to grow additional canopy above what is allowed in their OLCC license.

The new rules allow producers to enter into agreements with OMMP cardholders, however a medical cardholder can only have one assigned grower.  Producers that decide to add medical bump up canopy can transfer useable marijuana to an OMMP cardholder.

If a cardholder allows, a producer may transfer excess to other cardholders and caregivers, and OMMP dispensaries and processors.  All production and transfer of excess product is required to be tracked in the Cannabis Tracking System (CTS). 

“This will be the first medically grown marijuana in Oregon under regulations that meet the compliance guidelines of the federal Cole Memo,” said Marvin Revoal, Acting Chair of the OLCC.  “It’s important that we keep legally produced marijuana from being diverted to the illegal market, and again Oregon’s leadership shows that both medical and recreational marijuana can be regulated together.”

The OLCC already allows the sale of medical grade marijuana products by its licensed retailers and those products amount to about 14% of sales in the OLCC regulated environment.  Under the bump-up rules up to 25% of the yield grown for an OMMP cardholder can be sold to OMMP processors and dispensaries.

Addressing the concern voiced by patients, doctors, and medical marijuana advocates that the three pound limit would create a medicine shortage for some patients, Commissioner Pamela Witherspoon called on the Commission to adopt an exception process for patients who need more medicine.

Steven Marks, the Commission’s Executive Director said the agency would monitor patients’ ability to obtain their medicine – especially those with serious illnesses, and act to ensure patient access to medicine either in partnership with the Oregon Health Authority, or within the OLCC’s own rulemaking authority.

“This approach strikes a balance in that it will cover the need of the majority of OMMP cardholders,” said Steven Marks, Executive Director of the OLCC.  “At the same time the OLCC wants to help patients who are seriously ill be able to obtain whatever amount of cannabis-derived medicine they need to treat their illnesses and help them maintain or improve their quality of life.”

The OLCC will monitor the implementation of the bum-up canopy rules and if necessary adjust the rules as the agency learns more from producers and OMMP cardholders who participate in the bump-up program.  The bump-up rules take effect on May 1, 2017.

As of June 2nd 2016 the OMMP Authority began issue receipts for patients who have completed their appliction process. This receipt has the same legal effectiveness as an OMMP card pursuant to Oregon Law 2016 Chapter 24 Section  9.

So when patients show up with receipts, don't turn them away! More info:

OMMP Transfers Report Due July 1st

Our new OMMP Transfer Report makes it easy to report your dispensary's transfer data to the OMMP. Just log in, click Reports and then click OMMP Transfers Report and you are done!

Try it today.

Bottom Line: If you are a dispensary, grower or processor, the OMMP has a new report for you to fill out every month. The new OMMP reporting website is http://ommpsystem.oregon.gov. This reporting website is not a POS; it is a portal for dispensaries, growers and processors to log into every month to upload data about their transfers. The Good News: If you are a dispensary just log into OMMPOS and click our OMMP Transfers Report to get this done in under 10 minutes.

Yesterday, June 3rd was one of a series of OMMP sponsored meetings. This meeting took place at the public library in Seaside, Oregon. There were about 40 people in attendance at the first 10:00 am session and only 4 people in the 2nd 12:00 pm session.

The new Website is not a POS

We reviewed a slide show presentation of the new reporting website. This reporting website is not a POS, it is a website that allows growers, processors and dispensaries upload monthly information about transfers.

What to Report

• Useable Marijuana
• Cannabinoid Edibles
• Cannabinoid Topicals
• Cannabinoid Tinctures
• Cannabinoid Capsules
• Cannabinoid Suppositories
• Cannabinoid Transdermal Patches
• And Cannabinoid products other than the products list above
• Cannabinoid concentrates in solid and liquid form
• Cannabinoid Extracts in Solid and Liquid Form
• Quantity of immature marijuana plants
• Quantity of Seeds

The OMMP representatives then answered a lot of questions posed by the many growers, processors and dispensary owners in the room. Here are the highlights from the meeting:

• Growers
• Who are not growing for themselves
• Or who grow at a grow site address where there are more than 12 mature plants
• Or grow at a grow site that is not the patient’s residence
• Or who sell excess useable medical marijuana, seed or immature plants to OHA medical processors or medical dispensaries.
• Processors
• Dispensaries

When are Reports Due?

• Reporting began June 1st 2016 and is due on the 10th of each month. 
• The first report for the month of June is due on July 1st. Growers, Processors and Dispensaries are then responsible for sending the OMMP a report each month due on the 10th of the month.

• We heard from the OMMP that the purpose of these reports is to begin recording data so that a year or more down the line they can begin to form some ideas about trends and perhaps use those trends to inform policy.
• When asked will these reports lead to audits the reply was that non-compliance, meaning failure to report would be the first largest factor in who would be audited. Again, those people who should report but fail to will likely be audited. The fees for failure to report are stiff. Up to $500 per day.

* Here is the key bit, and I will probably re-type this at the top of the article. Dispensaries get special treatment here. Because the OMMP's system is not quite yet setup to receive dispensary transfer information the OMMP will accept manual records (excel files) from dispensaries for the time being.

OMMPOS is working now to create an OMMP Transfer Report to make this process a 1-button click. Stay tuned to be updated when this new report is ready to go.

Thank you to the hard working staff over at the OMMP!

Effective June 2, 2016, registered medical marijuana dispensaries that are participating in early start retail sales may sell expanded limited marijuana retail products. The expansion of limited marijuana retail sales include: 

• Sale of one low-dose unit of a cannabinoid edible to a retail customer per day. A “lowdose cannabinoid edible” means a cannabinoid edible that has no more than 15 mg of THC in a unit.  
• A single low-dose unit of a cannabinoid edible may contain multiple edibles or a single edible so long as the total THC in the unit does not exceed 15 mg THC.  
• “Unit” means a package for sale. 
  
• Sale of one “prefilled receptacle of cannabinoid extract” to a retail customer per day that contains no more than 1,000 milligrams of THC.  
  
  
• "Prefilled receptacle of cannabinoid extract" means a single use cartridge prefilled with a cannabinoid extract by itself.
  
  
• The receptacle could be any container that is pre-filled before sale.  
• The receptacle may not be refillable. 
• The receptacle may not contain more than 1000 mg THC.  
• A cannabinoid product that is an extract with any kind of additional ingredient or cutting agent is by definition not an extract and may not be sold during early retail sales. Only the extract by itself can be sold during early retail sales.   
• Pursuant to ORS 475B.410(5), extracts are defined as a substance obtained by separating cannabinoids from marijuana by:  (a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; (b) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure.
  
  
• Sales of non-psychoactive medical cannabinoid topicals which contain no more than 6% of THC that does not affect the mind or mental process.  To determine 6% THC in a topical the cannabinoid results will first need to be determined as a concentration (i.e. mg/L or ug/g) and that number can be turned into a percentage with total product weight calculated with % moisture. This conversion will have to be made after using the acid derivative equation in OAR 333-064-0100. 
  
• Cannabinoid concentrates and cannabinoid products defined in ORS 475B.410 are not included in limited marijuana retail sales and may not be sold to retail consumers during the early start period.