Or. Admin. Code § 845-025-1030

Current through Register Vol. 64, No. 1, January 1, 2025

Section 845-025-1030 - Application Process

(1) A person may submit an application to the Commission, on a form prescribed by the Commission, for a marijuana producer, processor, wholesaler, retail, or laboratory license.

(2) An application for a license and all documentation required in the application instructions and any requirements of this rule must be submitted in a manner specified by the Commission. The application fee specified in OAR 845-025-1060 must also be paid in a manner specified by the Commission.

(3) An application must include the following:

(a) The names and other required information for all individuals and legal entities who are applicants as described in OAR 845-025-1045.

(b) Any forms required by the Commission and any information identified in the form that is required to be submitted.

(c) A map or sketch of the premises proposed for licensure, including the defined boundaries of the premises, the location of any primary residence located on the same tax lot as the licensed premises, and a scaled floor or plot plan sketch of all enclosed areas with clear identification of walls, all areas of ingress and egress, and all limited access areas.

(d) An operating plan in a form prescribed by the Commission that demonstrates at a minimum, how the applicant's proposed premises and business will comply with the applicable laws and rules regarding:

(A) Security;

(B) Employee qualifications and training;

(C) Transportation of product;

(D) Preventing minors from entering the licensed premises; and

(E) Preventing minors from obtaining or attempting to obtain marijuana items.

(e) For producers:

(A) The proposed production tier and producer type as described in OAR 845-025-2040.

(B) A report describing the applicant's electricity and water usage, on a form prescribed by the Commission.

(i) For initial licensure, the report must describe the estimated electricity and water usage, taking into account all portions of the premises and expected requirements of the operation for the next twelve months.

(ii) For renewal, the report must describe the actual electricity and water usage for the previous year, taking into account all portions of the premises.

(C) An Oregon Water Resources Department (OWRD) Marijuana Producer Water Use Form showing the applicant has a legal source of water.

(D) If the applicant is not the owner of the premises proposed to be licensed, a form, prescribed by the Commission, signed by the owner of the premises that states the owner consents to the production of marijuana on the premises.

(f) For processors, on a form prescribed by the Commission, the proposed endorsements as described in OAR 845-025-3210.

(g) For retailers, a certificate of tax compliance for each applicant as described in OAR 845-025-1045 that has been issued no earlier than 90 calendar days prior to the date the initial application is submitted.

(4) In addition to submitting the application form and the items described in section (3) of this rule, the Commission may require the following to be submitted:

(a) For applicants:

(A) Information or fingerprints in order to perform a criminal background check in accordance with OAR 845-025-1080.

(B) Any forms required by the Commission and any information identified in the form that is required to be submitted.

(b) The names and other required information for all individuals and legal entities with a financial interest in the business.

(c) For an individual identified as a person with a financial interest:

(A) Information or fingerprints for a criminal background check in accordance with OAR 845-025-1080; and

(B) Any forms required by the Commission and any information identified in the form that is required to be submitted.

(d) For a legal entity that is identified as having a financial interest:

(A) Information or fingerprints for any individual within the legal entity for a criminal background check in accordance with OAR 845-025-1080; and

(B) Any forms required by the Commission and any information identified in the form that is required to be submitted.

(e) Proof of the right to occupy the premises proposed for licensure.

(f) For producers:

(A) A designation of the proposed canopy area within the licensed premises.

(B) Proof that the applicant has a legal source of water as evidenced by documentation from the Oregon Water Resources Department (OWRD) that the source of water described on the completed OWRD Marijuana Producer Water Use Form does or does not require a water use permit or certificate from the OWRD and is intended for use in the cultivation of marijuana for commercial purposes.

(g) Any additional information if there is a reason to believe that the information is needed to determine the merits of the license application.

(5) Per Capita Criteria to Accept Marijuana License Applications.

(a) Beginning January 1, 2025, the Commission may only accept applications for a marijuana producer, processor, wholesaler, or retailer license if the conditions in subsection (b) of this section are met, based upon the ratio of active licenses for each license type to the population of Oregon residents 21 years of age or older. The Commission will request the population data source from the Oregon Population Forecast Program run by Population Research Center at Portland State University (Annual Population Report or APR) in April each year.

(b) The Commission shall accept applications if the following conditions are met:

(A) For a production license under ORS 475C.065, there is not more than one active license per 7,500 Oregon residents who are 21 years of age or older.

(B) For a processor license under ORS 475C.085, there is not more than one active license per 12,500 Oregon residents who are 21 years of age or older.

(C) For a wholesale license under ORS 475C.093, there is not more than one active license per 12,500 Oregon residents who are 21 years of age or older.

(D) For a retail license under ORS 475C.097, there is not more than one active license per 7,500 Oregon residents who are 21 years of age or older.

(c) Within 15 days after receiving the APR, the Commission will determine if any of the per capita criteria described in subsection (b) of this section are met. The number of licenses will be determined using OLCC licensing data of the number of active marijuana licenses for each license type as of 12:01am Pacific Time on April 15 of that year.

(d) If the Commission finds the number of active licenses for any license type does not exceed the per capita criteria, the Commission will notify the public of:

(A) The type of marijuana license applications that will be accepted;

(B) The date the Commission will be accepting applications; and

(C) The form and manner to apply for a license.

(e) The Commission will notify the public when the agency is no longer accepting a type of license application because the applicable per capita criterion has been met.

(f) Exceptions. Applications for a laboratory license under ORS 475C.548 or a research certificate under ORS 475C.289 are not subject to the per capita criteria described in this section.

(g) For the purposes of this section, "active marijuana license" means an active license, a suspended license, or an expired license that is eligible to submit a renewal application under OAR 845-025-1190.

(6) The Commission must review an application to determine if it is complete. An application may be considered incomplete if an application form is not complete, the full application and license fee has not been paid, or some or all of the additional information required under these rules is not submitted.

(7) A retailer application may be considered incomplete if all certificates of tax compliance are not submitted as described in subsection (3)(g) of this rule and in accordance with OAR 845-025-1135.

(8) An applicant may submit a written request for reconsideration of a decision that an application is incomplete. Such a request must be received by the Commission within 10 days of the date the incomplete notice was sent to the applicant. The Commission shall give the applicants the opportunity to be heard if an application is rejected. A hearing under this section is not subject to the requirements for contested case proceedings under ORS 183.310 to 183.550.

Or. Admin. Code § 845-025-1030

OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16; OLCC 6-2016, f. 6-28-16, cert. ef. 6/29/2016; OLCC 9-2016(Temp), f. 6-28-16, cert. ef. 6-30-16 thru 12-26-16; OLCC 22-2016, f. 12-22-16, cert. ef. 12/27/2016; OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017; OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018; OLCC 3-2020, amend filed 01/28/2020, effective 2/1/2020; OLCC 22-2020, temporary amend filed 10/15/2020, effective 10/15/2020 through 04/12/2021; OLCC 2-2021, amend filed 04/09/2021, effective 4/13/2021; OLCC 27-2022, minor correction filed 03/23/2022, effective 3/23/2022; OLCC 4-2023, temporary amend filed 06/15/2023, effective 6/16/2023through 12/12/2023; OLCC 6-2023, amend filed 11/17/2023, effective 12/13/2023; OLCC 12-2024, amend filed 12/20/2024, effective 1/1/2025

Statutory/Other Authority: ORS 475C.017, ORS 475C.033, 2024 OL Ch. 16 Sec. 19, 2024 OL Ch. 16 Sec. 20, 2024 OL Ch. 16 Sec. 21 & 2024 OL Ch. 16 Sec. 23

Statutes/Other Implemented: ORS 475C.033, 475C.037, 475C.049, 475C.065, 475C.085, 475C.093, 475C.097, 475C.548, 2024 OL Ch. 16 Sec. 19, 2024 OL Ch. 16 Sec. 20 & 2024 OL Ch. 16 Sec. 21