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FAQs: Licensing - Producer
Q:  How many producer licenses can be on a tax lot?
A:  Multiple producers may be located on a tax lot as long as there is no common ownership between those licenses, and the presence of multiple producers on the same tax lot does not create a risk of non-compliance with any of these rules.
Q:  What will the OLCC do to help farmers who can’t sell their marijuana products?
A:  This is a legislative question, as the OLCC only has jurisdiction over licensing and regulating recreational marijuana operations. 
Q:  How is canopy size measured in a rectangle? 
A:  Square footage of canopy space is measured horizontally starting from the outermost point of the furthest plant in a designated growing space and continuing around the outside of all plants located within the designated growing space. If immature plants are grown on racks or shelving within the immature canopy, only the footprint of the area containing the immature plants will be used to calculate the immature canopy.
For licenses issued or renewed after April 1, 2018, a producer may designate no more than 20 quadrilateral immature and mature canopy areas, or no more than 20 canopy areas in alternative shapes and provide the Commission with a survey of the canopy space conducted by a Professional Land Surveyor licensed by Oregon State Board of Examiners for Engineering and Land Surveying that shows the canopy is within the licensed canopy limits.
All portions of any mature, flowering plant must be contained within the boundaries of the designated canopy area(s); it will be important to place your plants within the growing area in such a way that they do not grow over the boundaries of the designated space.  Multiple grow canopy areas may be designed at the licensed premises but those spaces must be separated by a physical boundary such as an interior wall (for indoor grows) or by at least 8 feet of open space.  Refer to 845-025-2040 for more information. 
Q:  I only want to grow within a quarter acre space, why should I pay for the full size?
A:  It is a business decision to decide how much to grow up to the amount allowed under the tiered canopy limit. You may consider applying for a lower tier of producer license.
Q:  I live on a farm and I understand a primary residence cannot be licensed, can I still be apply/be approved for a producer license?
A:  Yes. Under OLCC Division 25 rules a primary residence is not considered a part of the licensed premises.  No license activity may take place inside the primary residence.
Q:  Part of my operation plan includes monthly rotation of the location of the mature canopy area.  Is this allowed?
A:  This may be allowed, however licensees are required to notify the OLCC whenever a change of canopy designation is made, and the notification must take place before the canopy area is moved (not afterwards).  When you submit your cultivation plan with your application you will describe your plans for canopy layout and movement.  
Q:  Is light deprivation considered indoor production?
A:  No.  Indoor production means using artificial lighting in any manner on mature marijuana plants. 
Q:  If a processor wants to grow for its own use, does it need a producer license?
A:  Yes.  Each type of operation needs a separate license. 
Q:  Do I need to have a wholesale license in addition to my producer license to sell to retailers?
A:  Producers may sell marijuana they produce to retailers without a separate wholesaler license.  Producers who want to sell marijuana that is grown by other licensed producers would need a separate wholesaler license. 
Q:  If I’m interested in running a recreational marijuana nursery what type of license do I need?
A:  A producer license is required to cultivate marijuana and sell immature plants to other license types. A retailer license is required to sell immature plants directly to consumers.
Q:  I want to grow indoor part of the year and outdoor part of the year.  Is this acceptable?
A:  Yes, this would fall under the mixed cultivation rules.    When you submit your cultivation plan with your application you will describe your plans for canopy layout and movement, and a license investigator will verify that the ratio of indoor to outdoor canopy size does not exceed the allowable production limits.    
Q:  Can I get multiple producer licenses at a single location to get a larger canopy size?
A:  No, but you may apply for additional licenses for different locations.
Q:  My kids live on our farm property.  How does that work if businesses are 21+?
A:  A primary residence is not considered part of a licensed premises, so there are no restrictions in OLCC’s Division 25 rules that prohibit minor children of a licensee from living on a licensed premises in this situation.  However, minors are not allowed into areas of the licensed premises that are deemed “limited access areas”.  When you apply for a license you will be required to submit an operating plan, which must describe how you plan on preventing minors from accessing those limited access areas.
Q:  Where do I obtain my starter plants once licensed?
A:  For producers licensed prior to July 1, 2018, OAR 845-025-2060 addresses starter crop materials during the first 90 days of licensure. The OLCC cannot advise on where you may obtain your plants during that time.    
Q:  Can I cure and dry at the same place?
A:  Yes.  Please see the OLCC producer rules about harvest lot segregation for additional information. 
Q:  Can I have both an indoor and outdoor license?
A:  Yes.  If you intend to do mixed cultivation at a single location.  Your canopy sizes at that location will be allocated proportionately.  Alternatively, you can grow full canopy at separate locations.  
Q:  I’m currently a vegetable farmer and want to be a recreational marijuana producer.  Can I continue to grow my vegetable crops at the same property as my marijuana?
A:  Yes, but you will need to follow all of the OLCC producer rules for the licensed premises. 
Q:  If I have two different tax lots can I have two different producer licenses?
A:  Yes, you may have one license per tax lot.
Q.  If I want to hold all license types (producer, processor, wholesale and retail) can I have them all at the same location?
A:  Yes, as long as all licensing criteria and local codes are met.  However you cannot have more than one of the same license type at the same address or location.
Q:  Can I change my application once it has been submitted?
A:  If information needs to be updated/corrected, notify the investigator reviewing your application. However if your premises address changes, you will need to self-cancel your application and begin a new one, as you will also need to begin a new Land Use Compatibility Statement with your local governing body.
Q:  If I’ve already submitted my producer application can I start growing marijuana?
A:  No, only those that have been approved and issued a license can grow recreational marijuana plants (both mature or immature).  However, 4 personal plants per household is still permitted.  Those who are registered with the Oregon Health Authority’s Medical Marijuana Program may also still grow their registered plants while awaiting approval.
Q:  My grow canopy area will either be 5,000 square feet outdoor, 1,250 square feet indoor, or less, do I still need a LUCS?
All applicants are required to provide a LUCS unless they meet all of the requirements:
·         The address is outside of city limits;
·         At least one person responsible for a marijuana grow site located at the address first registered with the Authority under ORS 475B.420 before January 1, 2015;
·         Each person responsible for a marijuana grow site located at the address first registered with the Authority under ORS 475B.420 before February 1, 2016; and
·         The applicant is applying for a mature marijuana plant grow canopy of:
·         5,000 square feet or less, if the marijuana is produced outdoors; or
·         1,250 square feet or less, if the marijuana is produced indoors.
Those who are not required to provide a LUCS are still subject to local-opt out ordinances, OLCC is unable to issue a license in an opt-out area.  Applicants who meet all of the above requirements are encouraged to contact their local jurisdiction to ensure compliance with other local regulations that may exist.   
Q:  What is the “bump up?”  Is it the same as the micro canopy tier?
The micro canopy is different from the “bump up” option.  The micro canopy refers to smaller tiers sizes that were introduced during the permanent rule making session.  The “bump up” also called the medical canopy allows OLCC producer licensees to grow medical marijuana for registered OMMP cardholders at the same location as their producer license.  OLCC licensees participating in the bump up will not be registered with the OHA.  Those participating in the bump up can grow marijuana specifically for OLCC commercial purposes and can grow additional marijuana that is intended for registered OMMP cardholders only.