Last month, my Portland colleague and cannabis business litigator extraordinaire Jesse Mondry authored a post titled Oregon Cannabis: Drive-Thru Marijuana Sales Ending? On Friday, December 16, we got an answer to that question. The answer, I’m glad to report, is “not at this time.” That determination came via the Oregon Liquor and Cannabis Commission’s (OLCC) recent, partial adoption of certain proposed rule amendments.
The changes at issue are summarized in Bulletin CE2022-04 (the “Bulletin”). Please note that the Bulletin does not just address drive-up or drive-thru sales. It addresses the critical topic of on-site delivery, as well.
On drive-thru, Jesse wrote:
OAR-025-1300(g) prohibits licensees from selling marijuana items through a drive-up or walk-up window. But in December 2021 the COVID-19 pandemic caused the OLCC to adopt temporary rules that permitted delivering marijuana items to a person in the parking lot of the store, a person at the front entrance of the store, or a person at a walk-up or drive-thru window of the store. So for nearly two years, retailers, patients, and customers have become accustomed to having the option of using a drive-thru to deliver marijuana (where not otherwise prohibited by a local ordinance).
Now that the pandemic appears to be
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