The Oregon Liquor and Cannabis Commission (OLCC) regularly engages in new rulemaking and this year is no different. The OLCC has a proposed a slate of rule changes it deigns as responsive to implement 2022 legislation and technical updates. But this round of rulemaking has numerous substantial revisions to the rules that are not required by legislation. These rules go far beyond mere technical changes.
This post concerns a significant change to rules that would dramatically impact sellers of marijuana businesses, related to “change in location” sales. The current rules that apply to sellers are generally found in OAR 845-0240-1160 (“Notification of Changes”).
First, it is critical to note that a seller does not sell its license, though people commonly talk about the sale or “purchase of a license.” Instead, an OLCC applicant purchaser must apply for and be granted a new license by the OLCC in connection with an approved sale and license surrender by the outbound licensee seller.
When a purchaser desires to move the location of the licensed business, part of the transaction includes requesting a change in location from the OLCC. If the deal falls through, the seller typically keeps its license and carries on. But
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