Or. Admin. Code § 845-025-1030 - Application Process
(1) A person may
submit an application to the Commission, on a form prescribed by the
Commission, for a marijuana producer, processor, wholesaler, retail, or
laboratory license.
(2) An
application for a license and all documentation required in the application
instructions and any requirements of this rule must be submitted in a manner
specified by the Commission. The application fee specified in OAR 845-025-1060 must also be paid in a manner specified by the Commission.
(3) An application must include the
following:
(a) The names and other required
information for all individuals and legal entities who are applicants as
described in OAR 845-025-1045.
(b)
Any forms required by the Commission and any information identified in the form
that is required to be submitted.
(c) A map or sketch of the premises proposed
for licensure, including the defined boundaries of the premises, the location
of any primary residence located on the same tax lot as the licensed premises,
and a scaled floor or plot plan sketch of all enclosed areas with clear
identification of walls, all areas of ingress and egress, and all limited
access areas.
(d) An operating plan
in a form prescribed by the Commission that demonstrates at a minimum, how the
applicant's proposed premises and business will comply with the applicable laws
and rules regarding:
(A) Security;
(B) Employee qualifications and
training;
(C) Transportation of
product;
(D) Preventing minors from
entering the licensed premises; and
(E) Preventing minors from obtaining or
attempting to obtain marijuana items.
(e) For producers:
(A) The proposed production tier and producer
type as described in OAR 845-025-2040.
(B) A report describing the applicant's
electricity and water usage, on a form prescribed by the Commission.
(i) For initial licensure, the report must
describe the estimated electricity and water usage, taking into account all
portions of the premises and expected requirements of the operation for the
next twelve months.
(ii) For
renewal, the report must describe the actual electricity and water usage for
the previous year, taking into account all portions of the premises.
(C) An Oregon Water Resources
Department (OWRD) Marijuana Producer Water Use Form showing the applicant has a
legal source of water.
(D) If the
applicant is not the owner of the premises proposed to be licensed, a form,
prescribed by the Commission, signed by the owner of the premises that states
the owner consents to the production of marijuana on the premises.
(f) For processors, on a form
prescribed by the Commission, the proposed endorsements as described in OAR
845-025-3210.
(g) For retailers, a
certificate of tax compliance for each applicant as described in OAR
845-025-1045 that has been issued no earlier than 90 calendar days prior to the
date the initial application is submitted.
(4) In addition to submitting the application
form and the items described in section (3) of this rule, the Commission may
require the following to be submitted:
(a) For
applicants:
(A) Information or fingerprints in
order to perform a criminal background check in accordance with OAR
845-025-1080.
(B) Any forms
required by the Commission and any information identified in the form that is
required to be submitted.
(b) The names and other required information
for all individuals and legal entities with a financial interest in the
business.
(c) For an individual
identified as a person with a financial interest:
(A) Information or fingerprints for a
criminal background check in accordance with OAR 845-025-1080; and
(B) Any forms required by the Commission and
any information identified in the form that is required to be
submitted.
(d) For a
legal entity that is identified as having a financial interest:
(A) Information or fingerprints for any
individual within the legal entity for a criminal background check in
accordance with OAR 845-025-1080; and
(B) Any forms required by the Commission and
any information identified in the form that is required to be
submitted.
(e) Proof of
the right to occupy the premises proposed for licensure.
(f) For producers:
(A) A designation of the proposed canopy area
within the licensed premises.
(B)
Proof that the applicant has a legal source of water as evidenced by
documentation from the Oregon Water Resources Department (OWRD) that the source
of water described on the completed OWRD Marijuana Producer Water Use Form does
or does not require a water use permit or certificate from the OWRD and is
intended for use in the cultivation of marijuana for commercial
purposes.
(g) Any
additional information if there is a reason to believe that the information is
needed to determine the merits of the license application.
(5) Per Capita Criteria to Accept Marijuana
License Applications.
(a) Beginning January 1,
2025, the Commission may only accept applications for a marijuana producer,
processor, wholesaler, or retailer license if the conditions in subsection (b)
of this section are met, based upon the ratio of active licenses for each
license type to the population of Oregon residents 21 years of age or older.
The Commission will request the population data source from the Oregon
Population Forecast Program run by Population Research Center at Portland State
University (Annual Population Report or APR) in April each year.
(b) The Commission shall accept applications
if the following conditions are met:
(A) For a
production license under ORS 475C.065, there is not more than one active
license per 7,500 Oregon residents who are 21 years of age or older.
(B) For a processor license under ORS
475C.085, there is not more than one active license per 12,500 Oregon residents
who are 21 years of age or older.
(C) For a wholesale license under ORS
475C.093, there is not more than one active license per 12,500 Oregon residents
who are 21 years of age or older.
(D) For a retail license under ORS 475C.097,
there is not more than one active license per 7,500 Oregon residents who are 21
years of age or older.
(c) Within 15 days after receiving the APR,
the Commission will determine if any of the per capita criteria described in
subsection (b) of this section are met. The number of licenses will be
determined using OLCC licensing data of the number of active marijuana licenses
for each license type as of 12:01am Pacific Time on April 15 of that
year.
(d) If the Commission finds
the number of active licenses for any license type does not exceed the per
capita criteria, the Commission will notify the public of:
(A) The type of marijuana license
applications that will be accepted;
(B) The date the Commission will be accepting
applications; and
(C) The form and
manner to apply for a license.
(e) The Commission will notify the public
when the agency is no longer accepting a type of license application because
the applicable per capita criterion has been met.
(f) Exceptions. Applications for a laboratory
license under ORS 475C.548 or a research certificate under ORS 475C.289 are not
subject to the per capita criteria described in this section.
(g) For the purposes of this section, "active
marijuana license" means an active license, a suspended license, or an expired
license that is eligible to submit a renewal application under OAR
845-025-1190.
(6) The
Commission must review an application to determine if it is complete. An
application may be considered incomplete if an application form is not
complete, the full application and license fee has not been paid, or some or
all of the additional information required under these rules is not
submitted.
(7) A retailer
application may be considered incomplete if all certificates of tax compliance
are not submitted as described in subsection (3)(g) of this rule and in
accordance with OAR 845-025-1135.
(8) An applicant may submit a written request
for reconsideration of a decision that an application is incomplete. Such a
request must be received by the Commission within 10 days of the date the
incomplete notice was sent to the applicant. The Commission shall give the
applicants the opportunity to be heard if an application is rejected. A hearing
under this section is not subject to the requirements for contested case
proceedings under ORS 183.310 to 183.550.
Notes
Statutory/Other Authority: ORS 475C.017, ORS 475C.033, 2024 OL Ch. 16 Sec. 19, 2024 OL Ch. 16 Sec. 20, 2024 OL Ch. 16 Sec. 21 & 2024 OL Ch. 16 Sec. 23
Statutes/Other Implemented: ORS 475C.033, 475C.037, 475C.049, 475C.065, 475C.085, 475C.093, 475C.097, 475C.548, 2024 OL Ch. 16 Sec. 19, 2024 OL Ch. 16 Sec. 20 & 2024 OL Ch. 16 Sec. 21
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