A few weeks ago, we mentioned that cannabis companies that fall victim to a data breach are required, under state law, to inform employees and customers whose data was compromised by the intrusion. However, not every stolen piece of information demands notification. This post further dives into these laws—all... Read more
We recently wrote about the new Oregon Liquor Control Commission (OLCC) rules for marijuana businesses, and observed that those rules were issued with the stated intent to stave off diversion of cannabis. In addition to its public-facing actions, we have seen an apparent shift in internal OLCC review policies... Read more
What’s in YOUR employee handbook? Even if your company is fully compliant with all OLCC-mandated marijuana laws and regulations, you can still expose yourself to legal pitfalls if you aren’t just as strict keeping up with state and federal employment laws. While the rapid evolution of corporate cannabis is... Read more
The new OLCC rules won’t really solve the problem. New Oregon Liquor Control Commission (OLCC) rules affecting outdoor recreational growers went into effect on September 1, 2018. It’s likely that the rules are in direct response to concerns expressed by Attorney General Jeff Sessions and, more recently, Oregon US... Read more
Nuisance pollination can cause a row. In recent posts, we’ve discussed cases where a neighbor to a cannabis grow sued the grower for nuisance, claiming that growing cannabis interfered with the neighbor’s use of their land. See here, here, here, here, here, and here. These lawsuits relied on the non-cannabis... Read more
…another Josephine County setback. Poor Josephine County. We have been writing on this blog about the southern Oregon county’s mounting frustrations with cannabis, its successive losses in litigation, and its most recent attempt in federal district court to submarine Oregon’s cannabis programs. We immediately identified this lawsuit as a... Read more
OLCC may be getting strict. A violation of the Oregon Liquor Control Commission (“OLCC”) recreational marijuana rules can land you in hot water. I’ve previously written about rule violations and the administrative process, including settlements. It’s been our experience that the OLCC is open to settlement agreements for licensees... Read more
This past year, the country has witnessed widespread interest in the use of cannabis in its nutraceutical (when added to food or drinks) form. Cannabidiol (“CBD”), the non-psychoactive chemical compound found in the cannabis plant, has gained great popularity among alcohol beverage companies. The growing popularity of CBD-infused products... Read more
We are not convinced by the HIDTA report. Earlier this month, Billy J. Williams, U.S. Attorney for the District of Oregon, responded to a recent federal report on drug policy in Oregon by calling the state’s cannabis program “out of control.” The report in question was published by the Oregon-Idaho... Read more
Settling alleged OLCC violations is often possible. Back in February, I discussed administrative litigation in Oregon and the types of violations Oregon cannabis businesses can be hit with. But what about settlement? Like in civil litigation, administrative litigation can be settled with the right tools and right team of... Read more