As far as I know, the OLCC is a party to two, separate
litigations surrounding its administrative rules. The first lawsuit
relates to Ballot Measure 119, which is a unionization measure
applicable to most classes of Oregon marijuana licensees. The
second lawsuit concerns rules that require retail applicants to
acquire a certificate of tax compliance (or enter into an approved
payment plan) at license renewal.
Both cases have been decided, subject to appeal. OLCC is batting
.500 so far, with a loss in the unionization case and a win in the
tax compliance case. Today, I'll tour your briefly through each
litigation.
The Ballot Measure 119 case
BM 119 required most Oregon cannabis businesses to enter into
labor peace agreements with approved unions, in order to renew or
obtain licensure. On May 20th, the Oregon District Court
ruled against OLCC. (Technically, the
defendants are the OLCC Chair and its former Executive Director,
along with other state actors). You
