Oregon

Equity Project State Briefing

Social Equity

Social Equity Definition / Criteria

Oregon currently does not have a state social equity program, however the Oregon Equity Investment Act, which proposes to create a program currently sits in the legislative process.

Source:

Oregon Investment Act.

Social Equity Provisions

Oregon currently does not have a state social equity program, however Oregon Equity Investment Act, which proposes to create a program currently sits in the legislative process.

License Priorities and Set Asides

  • License Priorities / Set Asides:
No

Oregon does not have any specific licensure set asides for social equity operators, nor is there any state level priority given for social equity applicants.

Fee Waivers and Reductions

  • Fee Waivers / Reductions:
No

No. Oregon does not offer fee waivers or reductions for application or licensure fees.

Other Financial Support for Social Equity Applicants and Licensees

Oregon does not offer state level funding to support individuals who have been disproportionately harmed by cannabis prohibition.

Other Licensing Provisions

License Caps

  • License Caps:
No

Oregon does not impose licensing caps, however local jurisdictions can opt out of participating in the adult use sector.

Source:

Oregon Liquor Control Commission Marijuana Local Option Opt-Out Form. Retrieved January 6, 2022

Application Selection Process

  • Selection System:
Merit

Oregon distributes adult-use cannabis licenses based on merit.

Source:

Or. Rev. Stat. § 475B.173. Authority to establish merit-based criteria for licensure or renewal of licensure

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
Yes

In Oregon, the commission may deny an applicant a cannabis business license if they do not have a “good moral character” or if they have a criminal conviction that is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license. Cannabis possession convictions can not be considered. Certain convictions for the manufacture or delivery of cannabis cannot be considered after two years.

Source:

Or. Rev. Stat. § 475B.045. Grounds for refusing to issue license. Subsections (2)(d) and (e)

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
No

An individual who performs work for or on behalf of a licensee must have a valid [work]permit, which requires a background check.  If the Commission denies an application  due to their criminal history, the  individual will not be eligible for a permit for two years from the date the Commission received the application. The commission may refuse to issue or renew a [work] permit if the individual who is applying

(a) Has been convicted of a felony for possession, manufacture or delivery of a controlled substance within three years of the date the Commission received the application.

(b) Has been convicted of an offense under Oregon’s Recreational Use of Cannabis statute  within two years of the date of application or renewal; ( ORS 475B.010 to 475B.545) 

(c) Has been convicted of a felony for a crime involving violence within three years of the date the Commission received the application;

(d) Has been convicted of a felony for a crime of dishonesty or deception, including but not limited to theft, fraud, or forgery, within three years of the date the Commission received the application;

(e) Has been convicted of a felony for a crime involving a firearm, within three years of the date the Commission received the application;

(f) Has more than one conviction for any of the crimes listed in subsections (a) to (e) of this section within five years of the date the Commission received the application;

(g) Has violated any provision of Oregon’s Recreational Use of Cannabis statutes ( ORS 475B.010 to 475B.545).

Source:

Or. Rev. Stat. § 475B.261. Permit required to perform work for or on behalf of marijuana retailer
Or. Rev. Stat. § 475B.266. Issuing, renewing permits; fees; rules. Subsection 4
Or. Admin. R. 845-025-5540. Marijuana Worker Permit Denial Criteria. Subsection 2

Availability of Expungements

  • Expungements:
Yes, Not Automatic

Oregon offers record cleaning options for qualifying cannabis convictions, however the process is not automatic.Under SB 420 Individuals with convictions committed before July 1, 2015 for marijuana possession of less than 1 oz, who have fully served the sentence, may apply for set-aside their conviction. Under SB 975, a person may file a motion to reduce the offense classification of a marijuana conviction if, since the conviction, the offense has been reduced and the person has fully served the sentence.

Source:

Or. Rev. Stat. § 137.222. Motion for reduction of marijuana conviction offense classification.
SB 420 (not yet codified). Subsection 2