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FAQs: Licensing - Retail
Q:  Can I have a drive thru window if I’m approved for a retail license?
A:  No, drive thru windows are prohibited by Oregon Administrative Rule.
 
Q:  At what level are taxes collected?
A:  At the retail sale to the consumer; the tax is 17% for the state and up to 3% at the local level, for a potential top rate of 20%.
 
Q:  Will recreational retailers be able to sell every type of recreational marijuana product that a medical dispensary can sell?
A: Yes.
 
Q:  Can a non-profit give away free medication to an Armed Services Veteran at a retail store?
A:  OLCC licensed retailers that are authorized to sell medical grade products may sell or provide usable marijuana and medical grade cannabinoid products, concentrates and extracts to registry identification cardholders and designated primary care givers free of charge or at a discounted price.
 
Q:  I am a medical marijuana dispensary, do I need to apply with the OLCC to become a recreational store?
A:  Yes. You can apply for an OLCC license through the OLCC's website. You do not become an OLCC licensee until you apply, go through the application process, have a final site inspection, are approved for a license by the OLCC, and pay your licensing fee.
 
Q:   Can I continue to sell medical marijuana after I have an OLCC Retailer license? Can I sell medical marijuana to OMMP registered patients that are 18+?
A:   After you receive an OLCC Retailer license you may register with the OLCC to sell marijuana for medical purposes. This will allow you to sell medical grade cannabinoid extracts, concentrates, and products to OMMP cardholders and usable marijuana to OMMP cardholders tax-free that are 18 and over.  You will only be able to obtain new marijuana items from other OLCC licensees and will only be able to obtain medical grade cannabinoid items from a Processor registered with the OLCC to produce medical grade products.
 
Q:  Did I automatically become an OLCC licensee October 1, 2015?  What about on January 1, 2017?
A:  OHA dispensaries are not automatically grandfathered to receive an OLCC retail license. OHA dispensaries need to apply in the same manner as other retail license applicants.
 
Q:   I own a medical dispensary, and plan to stay medical, what rules do I follow?
A:   You need to follow all of the OHA OMMP medical marijuana rules. The rules can be found on the OMMP website. All packages and labels must comply with the packaging and labeling rules, packages and labels must be approved by the OLCC.
 
Q:  Once I am licensed by the OLCC who can I receive product from? Can I still take product from patients?
A:  To receive your Oregon Liquor Control Commission (OLCC) license you are required to surrender your OHA registration. Once you receive an OLCC recreational marijuana license, you can no longer operate as an OMMP dispensary.   As an OLCC licensee you can no longer accept product from the medical system, you can only receive product from other OLCC licensees that are using a Metrc (Cannabis Tracking System) account; all transfers between licensees require the use of a Metrc transfer manifest.  You must follow all rules and regulations listed in OLCC Division 25 Rules.
 
Q:  How do I know if I am licensed by the OLCC?
A:  One easy way to find out is to determine if you have an OLCC license posted at your store. This is what an OLCC license looks like:

Q:  How much marijuana can I sell to a customer?
A:  A retailer may not sell more than the following amounts to an individual at any one time or within one day:
·         One ounce of usable marijuana to recreational consumers;
·         24 ounces of usable marijuana to registry identification cardholders and designated primary caregivers pursuant to the requirements of OAR 845-025-2900;
·         16 ounces of a cannabinoid product in solid form;
·         72 ounces of a cannabinoid product in liquid form;
·         Five grams of cannabinoid extracts or concentrates, whether sold alone or contained in an inhalant delivery system;
·         Four immature marijuana plants; and
·         Ten marijuana seeds.
The concentration limits for some marijuana items differ if being sold to a recreational versus a medical customer.  Refer to OAR 333-007-0210, Table 1 for recreational products and OAR 333-007-0220, Table 2 for medical products for the concentration limits. 
 
Q: Can I offer discounts to recreational customers and OMMP cardholders? What about employee or veteran discounts?
 
A: OLCC retailers can offer discounts, however there are restrictions. Retailers can’t:
  • Provide free marijuana items to a recreational consumer.
  • Sell or give away pressurized containers of butane or other materials that could be used in the home production of marijuana extracts.
  • Discount a marijuana item if the retail sale of the marijuana is made in conjunction with the retail sale of any other items, including other marijuana items. (This means promotions such as “buy one marijuana items, get one discounted marijuana item” are prohibited.)
  • Sell a marijuana item at a nominal price for promotional purposes.
 
Retailers may sell marijuana items tax free to OMMP patient and caregiver cardholders at a discounted price or provide marijuana items to those people free of charge. These transactions must be recorded as “Patient” transactions in CTS and the person’s medical marijuana registry ID number must be record. As long as the above restrictions are followed, employee or veteran discounts are permitted.