Final month, together with streamlined licensing, the Oregon Liquor Management Fee (OLCC) introduced a major (and welcome) change to its compliance perform by instituting a brand new Verification of Compliance program (VOC) that may deal with training moderately than penalties for sure varieties of marijuana rule violations. The VOC launched in early October and arose from conferences with the trade this previous summer season. The OLCC is within the technique of formal everlasting rulemaking for the VOC program, which I anticipate will take a number of months.
The VOC program permits OLCC inspectors to problem VOC paperwork (the “ticket”) to licensees for a choose variety of violations. The place the licensee is ready to repair the issue inside the required timeframe, the OLCC is not going to start additional proceedings towards the licensee. That is nice information! However beware– the OLCC reserves discretion to pursue “ticket” violations if a licensee reveals a normal disregard for guidelines and legal guidelines. So licensees shouldn’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 dedication.
- The violation should be doubtlessly 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 implies licensees and regulatory specialists should be capable to level to tangible/concrete motion to reveal compliance. (Instance: fixing digicam protection).
- The violations eligible for VOC must be teachable, learnable, and executable. (Instance: points with METRC). This narrows the checklist of eligible violations significantly and displays that the VOC is designed to handle comparatively frequent violations with a low chance of recurrence.
- The VOC ought to present a optimistic impression for each licensees by educating licensees and for OLCC employees by lowering the workload quantity of enforcement circumstances presently routed by the executive listening to division.
Has the OLCC recognized violations that qualify for VOC? Sure, the OLCC’s compliance training 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. However word this checklist might change because the OLCC implements this system and develops everlasting guidelines.
That is glorious work by the OLCC, which continues to reveal its need to work with, moderately than towards, Oregon’s marijuana trade. The VOC program displays the maturation of the trade on the West Coast—final yr 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’ll find the OLCC’s information launch on the VOC here and its Compliance Schooling Bulletin here. And for extra info in regards to the OLCC’s enforcement of the marijuana guidelines and laws and what to do in case your marijuana enterprise discover itself in bother with the OLCC, see: