OLCC toughens penalties for underage marijuana sales
The Oregon Liquor Control Commission approved a temporary rule Thursday increasing the penalties for marijuana retail licensees that sell marijuana to minors. The rule includes a provision to revoke an individual’s marijuana worker permit if the permittee intentionally sells marijuana to a minor.
For a first-time offense of the unintentional sale of marijuana to a minor, the penalty increases to a 30-day license suspension or a fine of $4,950. Previously, the penalty was a 10-day license suspension or a $1,650 fine.
The commission re-evaluated penalties after reviewing recent compliance reports on minor decoy operations. While Central Oregon retailerss all passed the test in two rounds of visits last month, other parts of the state had poorer results
“There’s no margin for error on making sure that marijuana doesn’t get in the hands of minors – period,” said Paul Rosenbaum, OLCC commission chair. “The integrity of Oregon’s regulated system depends on industry compliance across the board.”
The temporary rule takes effect Friday. OLCC staff will review compliance activity during the 180-day period the rule is in place. After the sixth-month period, based on that compliance record, and recommendations by staff, the commission will consider options for permanent rulemaking.
Selling marijuana to a minor is an OLCC Category II (b) Recreational Marijuana Sanction (OAR 845-025-8590). The penalties for multiple violations also increase. Two violations in a two-year period would result in an automatic 30-day license suspension; three violations in a two-year period would result in license revocation.
The previous penalties were a 10-day license suspension, and a 30-day license suspension respectively. Under the previous rule, a retail license would be revoked after a fourth violation in two years.
The commission already has the authority to suspend or revoke a marijuana worker permit if a permittee violates any laws or rules applicable to a licensee. An intentional sale of marijuana by a marijuana worker permittee could include a retail employee selling to a friend they knew was under 21 years of age.
“It’s our core mission at the OLCC to prevent the sale of marijuana to minors,” said OLCC Executive Director Steve Marks. “The early results are unacceptable, and we’ll keep holding retailers and their employees accountable until they get it right.”
In other action, commissioners ratified some fines and liquor license suspensions based on stipulated settlement, including this one in Central Oregon:
Oregon Spirits Distillers/The Barrel Thief, 740 NE 1st Street, Bend; will pay a fine of $4,950 for selling or offering alcoholic beverages for sale other than the annual license permits. Licensee will also accept a letter of reprimand for the Special Event Distillery license when licensee was under the influence of intoxicants while on duty. Licensee is Maverick Spirit, LLC; Richard Irwin and John Becher, members.
Commissioners also ratified two stipulated settlements for failing to verify the age of a minor before allowing him/her to buy or be served an alcoholic beverage when he/she reasonably appeared to be under 26 years of age. One was in Central Oregon:
Mi Tiendita Mini Restaurant, 803 N. Main Street, Prineville; will install age verification equipment and will use the equipment to verify the age of every customer purchasing alcohol who reasonably appears to be under 26 years old. Licensee will also pay a $330 fine or serve a two-day liquor license suspension. Licensees are Gildaro Toledo and Leticia Toledo.
