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Oregon Wildfires: OLCC Guidance for Marijuana Licensees

Fire

As destructive wildfires ravage Oregon, our hearts are with the community and our clients, especially those who are evacuating or dealing with widespread property damage in Marion, Lane, Jackson, Coos, Lincoln, Washington and Clackamas counties.

We are postponing our real estate webinar scheduled for tomorrow in order to better devote our energies to assisting in this unprecedented situation.

Most of the cannabis attorneys practicing in Oregon are members of the Oregon State Bar Cannabis Law Section and we communicate using an email listserv. We are using this listserv as a clearinghouse to connect licensees who need temporary accommodations with licensees who are willing to offer space at their licensed premises. If you need space or have space, don’t hesitate to contact us or your cannabis lawyer and ask that your situation be posted to the listserv.

For OLCC licensees: here is the guidance for OLCC Marijuana Licensees impacted by the wildfires:

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Natural disasters throughout Oregon can affect us in a moment’s notice. Business owners should be aware of potential disasters and plan ahead. When those disasters strike you should pay attention to evacuation notices, what they mean, and what steps you need to take to prepare to leave your home or your licensed premises. In some cases, the evacuation orders may come quickly, so it is important to be prepared.

Here is a list and description of evacuation levels: https://www.oregon.gov/osp/Docs/Evacuation-Levels.pdf

It is important to remember your safety and the safety of others is the first and foremost importance.

Marijuana Licensees: Transferring Marijuana

If emergency officials issue you a level 1 or 2 evacuation notice and you have time to safely transfer product from your licensed premises you need to do so through CTS using a valid transfer manifest and email OLCC at marijuana@oregon.gov including your license number and where and when you plan to transfer product.

DO NOT move the product to an unlicensed area. During an actual emergency situation, such as wildfire evacuations, you may transfer your product to any licensee. For example: a producer can transfer to another producer for storage in an emergency evacuation. The rule regarding 24 hour notice on transfers of a certain weight will be waived in this situation. Make sure your CTS account is up to date and reflective of your current inventory and transfers.

If emergency officials issue you a level 3 evacuation order you should do so, even if that means leaving your licensed premises. Once you are in a safe place, email the OLCC at marijuana@oregon.gov including your license number, and the address of your licensed premises so we are aware of the situation, and can track the regional impact. Inform the OLCC if you have product left on site or if you transferred it to another licensee for storage.

When you are allowed to return to the licensed premises, check your inventory, if security cameras have been damaged take photos of the damage and email them to the OLCC at marijuana@oregon.gov, in addition to any other damage to the licensed premises caused by the fire.

If you transferred product to another licensee, do not request it to be transferred back until your buildings and cameras are operational, and your licensed premises can function according to OLCC rules.

**If you are located in a high risk area for fire you may want to have an emergency plan in place. For example, if you are a producer planning to transfer product to another producer, make sure you know how your product will be separated from the other licensee(s) and the care it will receive. It also may be helpful to have any terms or agreements in place prior to the actual emergency evacuation.

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Please contact Green Light Law Group if you have questions about this guidance (503) 488-5424. We are here to assist in the protection of your plants, your business, and your homes as best as we are able during this difficult time.