Retail Licensees Required to STOP – Collecting and Retaining Consumer Information – Oregon Governor Kate Brown signed Senate Bill 863 into law on April 17, 2017. 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.

Collection of Customer Data Ends; Previously Collected Information Must Be Destroyed

What are marijuana retailers required to do?

Beginning immediately retailers may NOT record or retain customer information gathered from a piece of official identification (e.g. driver’s license, passport) 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)

This law does not change licensee reporting and inventory requirements.  Sales and inventory data must still be reported into Metrc daily including an Oregon Medical Marijuana Program (OMMP) card number if selling to a patient or caregiver.

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.

Licensees should 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)

Going forward 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.

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