Contact Stephanie Schuman,
Principal Counsel & Attorney-at-Law
212-933-9420

Oregon

Growers Should be on the Lookout for these Potential Hazards

  • Pesticide exposure
  • Chemical and fertilizer use
  • Heat exposure
  • Air enrichment contaminants such as carbon dioxide and others like carbon monoxide, and nitrogen oxides if using burners/combustion
  • Electrical hazards from improper wiring
  • Sprains and strains (esp. hand intensive work during trimming)
  • Mold
  • Slips, trips, and falls (from presence of water or poor housekeeping)
  • Exposure to machine hazards (cuts, nips, pinches, or crushes depending on equipment)
  • Material handling equipment (e.g. forklifts)

Some Potential Hazards to Look for During Processing

Extraction Hazards

  • Use of flammable compressed gases and solvents:
    • Fire
    • Compressed gas cylinder and extraction equipment safety
  • Air contaminant hazards (e.g. carbon dioxide if dry ice used to extract)
  • Chemical and extract products handling
  • Machine hazards associated with extraction and waste processing equipment
  • Noise (e.g. compressors for carbon dioxide extraction equipment)

Kitchen Hazards

  • Fire
  • Burns and scalds (from work with ovens/stoves)
  • Slips, trips, and falls (from presence of water or poor housekeeping)
  • Heat exposure
  • Cuts from knives
  • Machine hazards (e.g. cuts and amputations) from food processing equipment
  • Chemical use (e.g. sanitizers like bleach)
  • Sprains and strains (from material handling)

Packaging and Labeling Hazards

  • Sprains and strains (from material handling, repetitive work)
  • Machine hazards
  • Material handling equipment (e.g. pallet jacks)

Some potential hazards to look for at retail stores

  • Sprains and strains (from material handling)
  • Slips, trips, and falls (from poor housekeeping)
  • Workplace violence/crime
  • equipment (e.g. pallet jacks)
* If you employ workers, you must purchase a worker's compensation policy

You must file a quarterly tax return

  • OLCC Licensed Retailers: Can only submit your return electronically through Revenue Online at oregon.gov/dor.
  • OHA Medical Dispensaries: Can only submit your return on paper. Mail your completed return to: Oregon Department of Revenue PO Box 14630, Salem OR 97309-5050

Weights and Measures

In the state of Oregon, products that are offered for sale by weight must be weighed on an Oregon Department of Agriculture licensed commercial scale. You will need a commercial scale if you:

  • Use the scale to sell directly to a buyer.
  • Use the scale to determine the net weight of a packaged product.
  • Use the scale to buy from a seller.
  • Use the scale to record data for entry into OLCC's Cannabis Tracking System (CTS).

If the entity needs a licensed scale

  1. Complete and return the ODA scale license application, and
  2. Complete and return the ODA placed in service report form, and
  3. Payment of the annual license fee.

To maintain the scale for annual inspections

  1. Have the scale properly calibrated
  2. Must be metrologically sealed
  3. Must be installed on a stable surface
  4. Must be installed in a place where the customer can see the weighing process
  5. Maintain the cleanliness of your scale.

Pesticides Use

  • Entities are encouraged to check the list of acceptable pesticides

https://www.oregon.gov/ODA/programs/Pesticides/Pages/CannabisPesticides.aspx

Plant Health & Insect Pest Prevention/Management

  • Cannabis, like other crops, is vulnerable to pests and disease. Entities will want to be aware of possible issues that pests and insects can cause.
  • http://www.oregon.gov/ODA/programs/IPPM/Pages/Default.aspx 

Fire Season requirements

See ORS 478.960 for equipment requirements. Take extra caution during Oregon fire seasons.

http://www.oregon.gov/ODF/Fire/Pages/FirePrevention.aspx

Marijuana Worker Permits

 Any employees who work on behalf of a licensed producer, processor, wholesaler, or retailer must possess a valid marijuana worker permit issued by the Oregon Liquor Control Commission.http://www.oregon.gov/olcc/marijuana/Pages/mjworkerpermit.aspx

Private Security Services

Individuals whose primary responsibility is to provide security services requires certification as a private security professional.

Food Safety Licenses

If you are selling, storing, manufacturing cannabinoid edibles, including the concentrates/ extracts intended for use in edibles, the entity should look at the ODA Food Safety Program website. http://www.oregon.gov/ODA/programs/FoodSafety/Pages/Default.aspx

Beverages

Oregon stores that sell beverages must accept empty beverage containers and pay the redemption value of the empty containers to customers at all hours that the stores are open to the public.

Air Emissions & Waste Management

Oregon Department of Environmental Quality does not regulate the growing or processing of marijuana however, marijuana business must abide by existing regulations designated to protect air, land, and water. A list of conditions that may require a permit is available here. http://www.oregon.gov/deq/Permits/Pages/default.aspx

Odor Controls

Commercial/industrial facilities with a DEQ permit are subject to the DEQ's Nuisance Odor Strategy.

For Processors

Processors should be aware that processing may emit Volatile Organic Compounds. Though it is unlikely that a processor would exceed the limit of 10 tons per year, it is an important DEQ regulations about which processors should be aware. Additionally, because waste from processing is considered commercial waste, it may be prohibited from burning depending on the location.

Solid Waste Management

Marijuana-related solid waste must be composted, processed, or disposed of at solid waste facilities that are permitted by the DEQ to receive such type of waste. If a marijuana grower wishes to compost onsite, the grower must apply for a DEQ permit if their operation will compost more than 100 tons per year of type 1 or 2 feedstocks or 20 tons per year of waste that includes meant, eggs, dairy, or animal mortality, unless they meet the requirements of an exemption.

Hazardous Waste Management

If the entity must dispose of hazardous waste, then it must have an EPA generator ID from the DEQ.

Wastewater Discharge Management

The discharge of wastewater to a surface water body is prohibited without a permit. Additionally, the entity should look at its state and federal regulations to find out whether it needs a DEQ permit. Discharge of any material other than uncontaminated storm water to a storm water conveyance system is prohibited.

Onsite Septic Systems

Look to DEQ and local county laws to see onsite septic system regulations.

Agricultural Water Quality

Cannabis growers, like growers of any agricultural crop, must keep their activities from polluting waters of the state.

Water Rights

Generally, water users must obtain a permit or license from the Oregon Water Resources Department to use ground or surface water.

Transit Taxes

Transit Laws and rules affect recreational retailers just like they affect other employers.

Insurance

Look into business liability and property insurance. Some insurance companies may not want to sell insurance to a marijuana business because of federal illegality. However, there are companies that do sell insurance to marijuana companies. There is just a possibility that the insurance may cover only non-marijuana interests.

Unemployment Insurance

Marijuana businesses, like other Oregon businesses, must pay Unemployment Insurance.

Health Insurance

Businesses with 49 or fewer full-time equivalent employees can choose whether or not to offer coverage. Businesses with more than 50 employees or full-time equivalent employees must provide health insurance coverage or pay a penalty.

The Truth About the Risks

Know for sure whether your business is in compliance with state and local cannabis regulations.

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