Q: Can a license be transferred?
are not transferrable. However, a licensee that proposes to change its
corporate structure, ownership structure, or change who has a financial
interest in the business may do so by submitting a form prescribed by the
Commission prior to making the change. If a licensee has a change in
ownership that is 51% or greater, a new application must be submitted.
Q: Is there a limit to the number of licenses that will be issued?
A: No. There is no limit to the number of licenses the OLCC will be issuing.
Q: Is there a closing date on applications?
A: No, there is no closing date for accepting applications.
Q: Do you have a time frame for how long it will take to get a license?
A: There is no specific time frame regarding how long it may take to get a license. The OLCC intends to license producers and laboratories first, as these items must be in place before all other license types may operate. This will then be followed by processors, research certificates and then retailers. It is expected to have the producers/labs licensed by Spring 2016 and for the retailers to be licensed by Fall 2016.
Q: If I do not have computer access is there a paper application?
A: The application is only available online, beginning
January 4, 2016.
you have to be an Oregon resident to receive a license?
A: Due to recent legislative changes the
residency requirement is no longer applicable.
Q: How much information do capital investors have to disclose to the OLCC?
A: We will ask amount and description. OLCC may require additional information be included in the interested parties section. We ask potential applicants to use their best judgement in regards to disclosing information, it is important to not appear as if you are hiding information in the application.
Q: Are applications time stamped?
A: Yes, due to the nature of an online system. The date/time stamped on the application will not be used to determine the order of issuing licenses.
Q: Is there a ranking in regards to applications?
A: No, the OLCC intends to license producers and laboratories first, as these items must be in place before all other license types may operate. The OLCC will next license processors, research certificates and then retailers. It is expected to have the producers/labs licensed by Spring 2016 and for the retailers to be licensed by Fall 2016.
Q: Can all license types buy and purchase from each other?
A: Yes, however there are certain restrictions regarding who can buy what items. You are encouraged to read the rules and review all the specific privileges under each license type. For example: a producer may not sell useable marijuana to another producer, only immature plants.
Q: Can my attorney complete the application for me?
A: Yes, the OLCC does not prevent business representatives from applying for the license on behalf of their applicant clients, however the applicant must be the e-signatory on the application.
Q: Can we apply for a license even though the building isn’t complete?
A: Yes, you may apply for your license even though the building, security measures, etc. are not complete, however all items must be in place prior to license approval. You must have a premises address to apply for a license.
Q: Does my on-site facility manager have to be a two year resident?
A: No, not unless they meet the qualifications of an applicant.
Q: Are applicants with a complete application expected to go through the licensing process quicker?
A: We are unable to determine the time it will take to process individual applications, since each application is approved/denied on a case by case basis. However the more documents you have up front the better..
Q: Will we be required to submit information for spouses?
A: An applicant’s spouse is considered a person with financial interest and their information is required to be included in the application whether they are involved in the business or not.
Q: Am I required to own the land I’m using for my license or can I rent? At the time of application the rules indicate you need to prove lawful possession of the property. Do I have to hold the lease until my application is approved?
is not required to own the property that is being used for the license. You
will need to provide verification you have the legal right to use the land
proposed for business. A draft lease or agreement referencing the
circumstance between the potential licensee and the property owner may be
acceptable when submitting the application, but any such lease or agreement
will need to be executed prior to license issuance.
Q: If one of my applicants has an outstanding tax burden will this affect our license?
A: Each application is reviewed on a case by case basis.
Q: If I am teaching an education class on growing marijuana do I need a license?
A: If you are within the laws of personal possession, then no. If you are intending to sell marijuana products then you will need a license.
Q: If I want to apply as the DBA which SOS registration do I use?
A: If you are applying with the DBA business information, then you should use the corresponding SOS registration number with that DBA.
Q: Are franchises a possibility?
A: Yes, there is nothing in our current rule language prohibiting franchises.
Q: Once I’m approved for a license am I required to operate my business immediately?
A: There is no requirement to operate your business as soon as you’ve received your license. This is your personal business decision.
Q: If I have a criminal background will I be denied approval for a license?
A: We are unable to confirm if an application will be approved or denied as each application is considered on a case by case basis. However it is important to provide as much information as possible so as not to appear as if you are withholding or providing false information.
Q: Do employees need to be listed on the application?
A: No, however a log of
all employees will be entered into the Cannabis Tracking System (CTS).
Q: Are there resources available for those interested in transitioning from an agricultural farmer to a marijuana producer?
A: You may wish to contact the Oregon Department of Agriculture. They have a cannabis coordinator who may be able to assist.
Q: What happens if I feel the investigator reviewing my application is abusing their power?
A: OLCC has a process for making complaints against employees. If you feel a final decision adversely affects your license, you are entitled to pursue a hearing under ORS Chapter 183.
Q: Can I have all of my licenses in one building?
language in our temporary rules does not prevent different license types from
being located on the same property. However Chapter 475Bdoes indicate the
Oregon Liquor Control Commission may require a premises to be segregated into
separate areas if there appears to be a reason for the licensed areas to be
separated. All applicants should also be in compliance with local government
regulations. Although our temporary rules do not require segregation, the
local government may have specific restrictions on this matter. The
OLCC recommends applicants work with local governments to ensure compliance.
Q. I would like to split a warehouse into multiple
areas and rent the space to licensees. Is this possible?
A: Yes, for most license types. Indoor
growers may be located in the same building as long as they are not under
common ownership. Processors and Wholesalers can all be located in the same
building as long as they have their own area separated from the others by
permanent walls and do not share a common entrance to other licensees
Q: What information will be subject to public records requests?
application information is subject to disclosure under Oregon’s Public Records
Law. There are exceptions to disclosure, including addresses, select
proprietary information, and security details. If necessary the OLCC will
work with the Department of Justice to determine if specific application
information should be considered public or confidential under Oregon Public
Q: Can I open a smoking lounge?
A: Public consumption is still prohibited under law. Licensure for a cannabis café allowing public use would require a statutory change. Also, cannabis falls under the regulation of Oregon’s Clean Air Act in 2016.
Q: Are there limits in regards to how much marijuana can be transferred between license types?
A: No limit has been established at this time. We encourage applicants to research Oregon Department of Transportation laws and rules.
Q: I have an outside investor. Will I be denied a license because they don’t meet the residency requirements?
A: This depends on their specific involvement and structure. If an investor meets the definition of an applicant, they will need to meet the residency requirements.
Q: How is banking handled? Banks won’t work with me because marijuana is illegal federally?
A: The OLCC does not set banking regulations.
Q: What level of debt can an applicant have while applying?
A: The OLCC does not check credit.
Q: Can I charge for the tours that I conduct on the premises?
A: OLCC administrative rules do not prohibit charging for tours conducted on premises. However, all tours must comply with requirements in rule.
Q: I want to move my licensed premises, how do I do this?
A: Changing the location of a business requires submittal of a Change of
Location application and payment of the $1,000 review fee.
Q: If I want to be a contractor to perform work at licensed premises do I need a license?
A: This will depend on the circumstances of the financial interest and
work performed. In general, a contractor who is paid a set fee to do work will
not be required to be licensed under the OLCC licensing system. Profit-sharing
arrangements may constitute a financial interest requiring a license.
Q: How will the grower/processor know that the retailer is licensed? Will licensees be able to check with the OLCC about license status?
A: OLCC will have a list of retail licensees posted on our website and it
updated on a weekly basis. The license will be available for electronic download and
must be printed and posted on the licensed premise, according to OLCC
administrative rules. When transferring product to another licensee, a manifest
through CTS is required, which will list the receiving licensee’s CTS
information and confirm that they have an active license.
Q: How do you define out of ordinary compensation for financial interest?
A: Out of the ordinary compensation would be paying an employee at a much higher rate than others doing the same job. If your investigator thinks someone is receiving an unreasonable rate of pay they may inquire why and how the business decision was made.
Q: How do we do the background check?
A: Fieldprint, in coordination with the Oregon State Police, will be used to perform the background check on all persons where this is required. You will be notified by the investigator reviewing your application who is affected and if/when it is time to get your fingerprints for the background done.
Q: Will we receive notice before an inspector visits the premises?
A: After licensure the inspector may visit the premise at any time, however there is no intention to continuously visit a premise unannounced unless a reason arises to do so.
Q: Is there a minimum or maximum facility size?
A: No, expect that a
producer’s mature canopy area may not exceed the maximum allowed by their
Q: How long is the license good for?
A: The licenses are annual from the date of payment.
Q: What is the minimum age of the workers on a site?
A: All employees must be 21+.
Q: What if there’s a change to the business structure after a license is issued?
A: There is a change of business structure form that must be completed prior to the change occurring, as indicated in the OLCC rules.
Q: Can a liquor licensee apply for a recreational license?
A: Yes, but the proposed business may not be at the same location as the liquor establishment.
Q: How do we submit the LUCS request form?
A: After submitting the LUCS to your local jurisdiction and paying their local fee, applicants rshould return the final LUCS to the OLCC with the initial application or upon request by OLCC staff. OLCC will then verify with the local government that all information on the form is correct.