Attorneys in Gleam Law’s Portland office have been working with the Oregon Liquor Control Commission (OLCC) on temporary rule and policy changes that will serve the dual purpose of keeping the industry afloat and promoting safety during the COVID-19 pandemic. In the past 24 hours, the OLCC has issued temporary rule changes to promote these very purposes.
On Sunday, the OLCC announced temporary rules to promote social distancing efforts in compliance with Governor Brown’s Social Distancing Executive Order (20-07). The new rules 1) temporarily allow curbside sales; and 2) increase the amount of flower OMMP cardholders and caregivers can purchase in a given day.
Retailer On-Site Delivery
The OLCC has temporarily authorized retail licensees to conduct sales to customers who are outside of the store and within 150 feet of the retailer’s licensed premises. In order to comply with the on-site delivery rule retailers must:
- Only provide on-site delivery for orders placed ahead of time, prior to any such delivery;
- Only provide on-site delivery during the retailer’s normal business hours, not earlier than 7:00 AM and no later than 10:00 PM; and
- Record all sales in CTS (Metrc) as they would any other sale—no delivery manifest is required.
Examples of such on-site deliveries include delivering product to customers in a retail shop’s parking lot, front entrance, or drive-thru or walk-thru window of the store.
Retailers who wish to offer on-site delivery to customers must ensure that all such orders contain the following:
- Requestor’s name and birthdate;
- Requested delivery date; and
- A document describing the proposed order’s contents, including product names and amounts.
Such information must be entered into the store’s CTS or point-of-sale system in the same manner as in-store sales.
As with in-store sales, IDs MUST be checked to verify that the purchaser is over 21 (or over 18 for OMMP cardholders) AND TO CONFIRM THE PERSON PURCHASING THE PRODUCT IS THE PERSON WHO PLACED THE ORDER. Though, signature requirements are temporarily not required.
While the OLCC is not requiring that such on-site deliveries take place under camera coverage, they are strongly recommending it. Further, retail shop owners must ensure that the shop is left secure while personnel are outside conducting on-site delivery sales.
On-site deliveries are optional at this time, but may be a good way to ensure compliance with Governor Brown’s newly issued social distancing requirements for businesses (see below for a summary of Governor Brown’s latest executive order).
The OLCC cautioned that county and city ordinances still apply and that if individual licensees take advantage of the temporary rule by disrupting public safety or public health that the rule could be suspended for all.
Increased OMMP Daily Sales
In addition to allowing for on-site sales, the OLCC temporarily increased the amount of flower OMMP patients and caregivers may purchase in a day to 24 ounces to match their personal possession limit. While the OLCC temporarily increased the daily limit of OMMP sales, the monthly limit remains the same at no more than 32 ounces per month.
Governor Brown’s Stay Home, Save Lives Executive Order Allows Cannabis Businesses to Remain Open
Today, Governor Brown issued Executive Order 20-12 or the Stay Home, Save Lives Executive Order. In the State’s attempts to curb the number of new COVID-19 cases, the Governor has ordered the closure of certain businesses. The Order allows cannabis businesses to remain open so long as they comply with the Order’s new social distancing protocols.
Under the Order’s new rules, all businesses who wish to operate MUST appoint a social distancing employee or officer responsible for establishing, implementing, and enforcing social distancing policies, consistent with the guidance from the Oregon Health Authority. Any business that fails to do so will be closed until such compliance can be demonstrated.
In addition to appointing a social distancing officer, the Order requires that all Oregon businesses facilitate work-at-home for employees to the maximum extent possible.
Stay safe and happy sales!