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OLCC ADOPTS TEMPORARY RULES

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OLCC adopts temporary rules including allowing curbside, drive-up, and walk-up sales and increasing the amount of flower OMMP cardholders may purchase to 24 ounces per day.

The OLCC has adopted new temporary rules to meet the COVID-19 emergency. Here is a link to guidance on the new rules. We received a great response from Steve Marks, the OLCC's Executive Director, to our open letter (which as of this writing has nearly 1,400 signatures) and it appears that we are all on the same page about certain changes we requested, including drive-up, walk-up, and curbside sales.

Very important: we are incredibly lucky, as an industry, to work with a regulatory agency staffed with such caring, dedicated people. I've gone up against them as much as anyone else, and called them out when they've been wrong, but in this pandemic when the chips are down, and the Commission and its staff are truly exceeding expectations and working overtime expressly to protect the health and livelihoods of our community. I frankly applaud them.

Here is a run-down of the new rules.

Importantly:

1) These are temporary and will NOT become permanent. They are also optional - licensees are not required to change their business operations to accommodate curbside sales unless they desire to.

2) These rules do not change or affect any city or county ordinances or code provisions, and they also don't override your lease or other agreements you have, so if curbside sales (for example) are prohibited by ordinance in your jurisdiction, these rules don't override that ordinance.

3) The OLCC and law enforcement will be watching carefully (especially, one might anticipate, the increase daily medical limit), and abuse of these rules is suspected or too much disruption occurs, the OLCC may suspend the temporary rules for everyone. The OLCC cautions licensees to be respectful of and cooperative with their neighbors, and against disruption of neighborhood business.

Retailer On-Site Delivery

Retailers are now allowed to take orders and deliver product to a person who is outside of the store and within 150 feet of the retailer's licensed premises.

These "on-site delivery" sales must:

1) be accompanied by a "bona fide order" that the retailer receives before the on-site delivery is made; orders may be made via phone, email, website, app, or in person, need the customer's name and DOB, the date delivery is requested, and a document describing the items proposed for delivery and the amounts;

2) may only occur during the retail store's normal opening hours; and

3) be recorded in Metrc as a standard sales receipt (they do not need a delivery manifest).

According to the OLCC guidance: "Examples of this temporary privilege include delivering product to a person in the parking lot of the store, a person at the front entrance of the store, or a person at a walk-up or drive-thru window of the store."

Signature requirements are temporarily not required, however, when the order is brought out to the customer, ID must be checked to verify age and the person is the same person who made the order. NO EXCEPTIONS.

Retail sales to OMMP cardholders and caregivers

Retailers may now sell OMMP cardholders and caregivers up to 24 ounces of flower per day, but no more than 32 ounces per month.