As we recently wrote, 2020 was a remarkable year for the Oregon cannabis industry for several reasons including COVID-19 and raging wildfires. This post follows up on the “State of the State” and is a sister poste to our California Cannabis: What to Watch for in 2021.
OLCC Enforcement: Although the OLCC began to shift toward a less punitive approach to the enforcement of rule violations in 2020, at least for a few rules, licensees should not expect a sudden turnaround for many violations. The rules give the OLCC and its Case Presenters who prosecute rule violations a great deal of discretion in terms of enforcement and settlement. So, the result in one case may not mean much in another case. This uneven application of the rules continues to create significant risks for licensees, who may find themselves litigating against a particularly aggressive Case Presenter who interprets the rules strictly and narrowly. That said, penalties and settlements for certain kinds of violations (e.g. sales to medical patients over the limit) have coalesced into reasonably predictable patterns judging by the stipulated settlements the OLCC has entered in the past several months. One thing we will be watching is how the new