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BREAKING: Oregon Judge Rules OLCC Employees’ Statutory Immunity Unconstitutional

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KEVIN JACOBY | MAY 09, 2024

BREAKING: Oregon Judge Rules OLCC Employees’ Statutory Immunity Unconstitutional

Following up on our January 2024 post discussing the constitutionality of OLCC’s immunity statute in the cannabis regulatory context with some breaking news on the subject. On May 8, 2024, an Oregon Circuit Court judge agreed that the immunity granted by ORS 475C.477 to the employees of Oregon’s cannabis regulatory agencies is unconstitutional, because the operation of the statute would deny the plaintiffs any remedy. The court held that to deny a remedy to the plaintiffs would violate the Remedy Clause of Article I, Section 10 of Oregon’s Constitution, which provides that “every man shall have remedy by due course of law for injury done him in his person, property, or reputation.” 

As far as we are aware, this case represents the first challenge to the immunity statute. And while it’s important to stress that a ruling of one Circuit Court judge isn’t binding on other Circuit Court judges, it can be persuasive to other judges in this state. In any event, the case is likely to be appealed, although it is unclear at the time of this writing whether the state’s lawyers will  seek to appeal the ruling immediately or wait until after a trial occurs. A ruling by the Oregon Court of Appeals either affirming or reversing the Circuit Court’s ruling will be binding on all Circuit Court judges. 

However, the ruling in this case is likely going to have immediate effects for Oregon’s cannabis industry – at least one judge has signaled that OLCC employees who commit torts while arguably exercising their regulatory authority do not have a get out of court free card. Hopefully, this will make OLCC inspectors and directors more circumspect when they exercise their official functions, and exercise ordinary care not to harm citizens’ rights to their persons, property, and reputation. This ruling underscores the maxim that nobody is above the law.  

You can contact Kevin Jacoby at kevin@jacobylawllc.com or schedule a consultation by calling (503) 208-4470.

BREAKING: Oregon Judge Rules OLCC Employees’ Statutory Immunity Unconstitutional



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Nevada CCB to Accept Applications for Cannabis Establishments in White Pine County – “Only one cultivation and one production license will be awarded in White Pine County”

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CCB to Accept Applications for Cannabis Establishments in White Pine County

Nevada Cannabis Compliance Board (CCB) will issue cannabis establishment licenses for a cultivation and production facility. Only one cultivation and one production license will be awarded in White Pine County. The CCB will accept applications for 10 business days.

Application period opens: July 15, 2024, 8:00 a.m. (PT) 
Application period closes: July 26, 2024, 5:00 p.m. (PT)

This marks the second time in agency history the CCB has conducted a cannabis establishment licensing round.

The application will be completed and submitted in the Accela Cannabis Customer Portal. Applicants can find detailed resources including step-by-step instructional videos and worksheets on how to prepare for the application period on the CCB website.

Questions on the application and process may only be submitted to [email protected], so that answers to all questions can be posted on the CCB website to ensure all information is distributed equitably. White Pine County Board of Commissioners may have their own criteria for approval.



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NJ Governor Says He’s ‘Honored’ To Have Cannabis Strain Named After Him During Tour Of Grow Facility

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Marijuana Moment report

The governor of New Jersey says he’s “honored” to have a marijuana product named after him, and he wants to build upon the state’s legalization law to provide “more equity, more reward and redemption” for people impacted under prohibition.

During a tour of a cannabis cultivation facility this week, Gov. Phil Murphy (D) posed for a photo of him holding a promotional flier for the “Murphy’s Sourz” strain from Prolific Growhouse, described as a “delightful mix of sour lemon, sweet tangerine, with hints of diesel and pine.”

David Nicolas, CEO of Prolific Growhouse, told WHYY that he was hoping to catch the governor’s attention by producing the strain with his namesake, but “I didn’t expect him to give me a surprise visit.”

Murphy paid the visit to the Black-owned operation, and he used the opportunity to call for further reform, saying he still wants to see “more equity, more reward and redemption for the folks who were crushed by the war on drugs.”

Full article at 

New Jersey Governor Says He’s ‘Honored’ To Have Marijuana Strain Named After Him During Tour Of Grow Facility

 



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Curaleaf Start Process Of Getting Their Claws Into The UK’s National Health System – With Former MP (Resigned Today 30/5/24) As The Front Man

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It’ll take a while but the business plan to get Curaleaf products available via the NHS starts here…and the front man is  now former Conservative MP George Freeman

See the press release dated 28 May (scroll down)  about his involvement and and what a surprise

30 May 2024

George Freeman is no longer a Member, but was most recently the Conservative MP for Mid Norfolk, and left the Commons on 30 May 2024.

https://members.parliament.uk/member/4020/career

 

 

 

Positioned at the heart of the life sciences sector, the Cannabinoid Research & Development Group UK is a new research strategy group led by academics, researchers, clinicians, patients and industry.

The group will propel scientific research and development of pharmaceutical cannabinoid-related products in the UK.

Our ambition is to develop and implement a comprehensive strategy to transform the UK into the global leader in cannabinoid research and medicine development.

We will build a robust ecosystem by integrating universities, research institutions, investors, businesses, and the NHS – driving innovation and development, nurturing top talent and fostering advances in healthcare.

 

 



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