OLCC Division 25 Rules – The OLCC has added a “Bulletins” section to its Recreational Marijuana Program website with important information for licensees and marijuana worker permit holders.

OLCC Compliance Education Bulletins – Bulletin CE2017-07 – Compliance Education Bulletins, for Recreational Marijuana Program Licensees & Employees

The Oregon Liquor Control Commission is providing the following information to: existing and prospective recreational marijuana licensees.

The bulletin is part of OLCC’s compliance education.  It is important that you read it, and understand it.  If you don’t understand it please contact the OLCC for help. Failure to understand and follow the information contained in this bulletin could result in an OLCC rules compliance violation affecting your ability to work or operate your business.

Bulletin CE2017-07 covers the following issue(s):

Prohibition of consumer information collection by marijuana retail licensees.

Action Required:  Retail Licensees are Required to STOP Collecting and retaining Consumer Information

Oregon Governor Kate Brown signed Senate Bill 863 into law on April 17, 2017.

This law does not change your reporting and inventory requirements as a licensee.  You must report sales and inventory data into Metrc daily including Oregon Medical Marijuana Program (OMMP) card number if selling to a patient or caregiver.

SB 863 prohibits marijuana retailers from recording, retaining or transferring information contained on a passport, driver’s license, military identification card or other identification card.

What are marijuana retailers required to do?

Beginning immediately retailers may NOT record or retain customer information gathered from a piece of identification that could identify the customer.

Retailers are still required, prior to completing the sale of a marijuana item to a consumer, to verify that that the consumer has valid, unexpired government-issued photo identification and must verify that the consumer is 21 years of age or older.  See: OLCC Recreational Marijuana Rules (Retailer Operational Requirements: 845-025-2820)

Destruction of Previously Collected Consumer Information

On or before May 18, 2017 retailers must destroy any previously collected information that may be used to identify a consumer acquired through the production of a piece of legally described identification.  This includes any consumer information that was previously acquired with consent for the purposes of marketing.

Important: Do NOT delete or destroy information in Metrc. This requirement only pertains to information recorded or retained outside of Metrc.

Exception to Prohibition for Collecting Consumer Information (Opt In)

A retailer may retain the name and the contact information of a customer for marketing purposes only, if the retailer:

Asks the consumer if they may record the information for marketing purposes AND
The consumer agrees in writing to the information being used for marketing purposes.

This consumer consent does NOT authorize the retailer to sell or transfer the consumer’s personal information.

Questions about the retailer implementation of SB 863 should be directed to the OLCC Recreational Marijuana Program at:  [email protected] or by calling 503-872-6366.

You can find a version of this bulletin with screenshots of Metrc data entry on the OLCC website under Bulletins.

For More Information:

Refer to OLCC’s Administrative Rules on Recreational Marijuana, which can be found on our website in the Division 25 rules.  If you haven’t already subscribed, we recommend that you sign up for the OLCC’s GovDelivery list.  The OLCC uses this list to send notifications of public meetings, Commission meetings, and rule changes. If you have questions regarding the content of this bulletin, please contact the OLCC at [email protected] or (503) 872-5000 option 1.

OLCC Division 25 Rules and OLCC Compliance Education Bulletins can be found on the OLCC Recreational Marijuana website.