Danica Foster

Danica Foster

Of Counsel

503.802.2160
danica.foster@tonkon.com

PDF

vCard

Services & Industries

Education

J.D., Willamette University College of Law, 2003

B.A., University of Alaska Anchorage, 1999

Bar & Court Admissions

Oregon State Bar

Danica is an attorney in Tonkon Torp’s Business Department and Co-Chair of its Cannabis Industry Practice Group. She joined the firm after working with the Oregon Liquor Control Commission (OLCC) for five years. During her tenure at OLCC, Danica was a member of the initial policy team that developed and implemented the state’s regulatory framework for Measure 91, which legalized the recreational use of marijuana in Oregon. As the Director of Statewide Licensing, she directed the regulatory programs for recreational cannabis and alcohol business licensing in the state of Oregon. She most recently served as the Senior Policy Advisor to OLCC regarding all alcohol and cannabis program policy matters, legislative and executive branch directives, and program development strategies. In this role, she provided oversight to DOJ counsel on legal matters pertaining to the agency’s alcohol and marijuana programs.

Prior to the OLCC, Danica developed a business litigation practice at Davis, Rothwell, Earle & Xóchihua PC and Haglund, Kelly, Horngren & Jones LP. Danica earned her J.D. from Willamette University College of Law and her B.A. from the University of Alaska, Anchorage.

Outside of the office Danica is an avid gardener, and enjoys any opportunity to get outside and explore the beautiful Pacific Northwest with her three daughters.

Community Involvement & Activities

Oregon Cannabis Association
Board of Directors

OLCC Regulatory/Legislative Advisory Committee
Member

Oregon State Bar Cannabis Section
Nomination Committee, Member


Professional Memberships

Multnomah Bar Association

Oregon Marijuana Industry Wins Regulatory Relief, Receives Surprise Licensing News

The Oregon marijuana industry was victorious in the state’s 2021 legislative session with the passage and signing of Senate Bill 408.

Danica Hibpshman Joins Oregon Cannabis Association Board

Tonkon Torp attorney Danica Hibpshman has been elected to the board of the Oregon Cannabis Association.

Tonkon Torp Attorneys Share What’s in Store for Oregon Cannabis M&A

Attorneys from Tonkon Torp’s Cannabis Industry and Mergers & Acquisitions practice groups co-hosted a webinar on M&A trends for Oregon’s cannabis industry with representatives from MGO, a CPA and accounting consulting firm with a substantial cannabis practice. Moderated by Tonkon Torp partner Jessica Morgan, the panel featured Tonkon Torp partners Jeff Woodcox and Danica Hibpshman.

Hibpshman and Hunt Appointed to Leadership Roles in State Bar Committees

Attorney Danica Hibpshman was appointed to the Oregon State Bar (OSB) Cannabis Section Nomination Committee in October 2019. The committee convened to review and vote on nominations for the section’s 2021 executive board positions.

Danica Hibpshman Helps Guide OLCC Regulatory Framework Updates

In July 2020, Tonkon Torp attorney Danica Hibpshman was appointed to a newly convened OLCC Regulatory/Legislative Advisory Committee for the cannabis industry. The committee was created to review existing cannabis regulations and formulate policy recommendations that will lighten certain regulatory burden, shorten licensing timelines, reduce backlogs, and make the most of the limited resources allocated to OLCC for cannabis oversight.

All News Items

Changes Coming Soon for Cannabis Testing Requirements

By Danica Foster and Jarell Hunt – Cannabis businesses will soon face new testing requirements for nearly all cannabis products sold in the Oregon market. This is good news for consumers and businesses alike as the requirements will loosen some of the more stringent sampling requirements previously in place, while also ensuring that Oregon’s testing requirements match those in other legalized states.

As 2022 Legislative Session Ends, More Changes Coming to the Oregon Cannabis Industry

By Danica Foster and Maureen McGee – The 2022 Oregon Legislative Session closed on March 4 and with adjournment came a host of new laws applicable to the cannabis industry. We reviewed two of the most high profile pieces of legislation, HB 4016 (marijuana licensing moratoria) and SB1564 (local hemp grower licensing moratoria), in our previous article. For this piece we will get more into the weeds to discuss pending changes to farmworker overtime, and new requirements for recordkeeping, reporting, testing, and more.

New Cannabis Laws Coming, License Moratorium Is Back

By Danica Foster and Maureen McGee – It’s official: the moratorium on new cannabis licenses is back on. During their February 2022 session, the Oregon legislature passed HB 4016, which prohibits the issuance of new cannabis licenses of all types (except labs) until March 31, 2024. The Bill is also retroactive – any applications submitted after January 1, 2022 will be inactivated by the Oregon Liquor and Cannabis Commission (OLCC).

Big Changes to OLCC Cannabis Licensing

Are you following the OLCC’s announcement that they are now accepting new applications for recreational cannabis retail, wholesale, and processor licenses?

How Will Streamlined Cannabis Licensing Affect Compliance?

The approval timeframe in Oregon’s cannabis licensing process was historically very long and the amount of documentation and disclosures required burdensome. Thankfully, over the past year, the Oregon Liquor and Cannabis Commission (OLCC) made a massive effort to streamline rules and policies, simplify forms, lessen requirements for disclosure of investors and purchase agreement documents, and reduce requirements for in-person inspections before approving licenses[1] and certain licensing changes.

All Alerts Items

Landlord and Tenant Lease Risk Reduction for the Cannabis Industry

Attorney Danica Foster, Co-Chair of our Cannabis Industry Group, sat down with real estate attorney Kimberlee Stafford for a discussion on how property owners and property managers can reduce liability risk when leasing to cannabis and hemp growers.

Publications & Presentations

“As 2022 Legislative Session Ends, More Changes Coming to the Oregon Cannabis Industry,” CannaBiz Update, March 2022

“New Cannabis Laws Coming, License Moratorium Is Back,” CannaBiz Update, March 2022

Landlord and Tenant Lease Risk Reduction for the Cannabis Industry,” Ear to the Ground Blog, February 2022

Big Changes to OLCC Cannabis Licensing,” CannaBiz Update, December 2021

“Oregon Marijuana Industry Wins Regulatory Relief, Receives Surprise Licensing News,” MJBiz Daily, November 2021

“Immediate Changes for Hemp Growers and Sales in Oregon,” CannaBiz Update, September 2021

“Cannabis Licensing Update – No New Licenses Anytime Soon,” CannaBiz Update, September 2021

“Holding Employees Accountable for Cannabis Violations,” CannaBiz Update, September 2021

“Cannabis License Rights Transfer 101 – Planning Is Key,” CannaBiz Update, September 2021

“The State of Oregon Cannabis Licensing – When Can We Expect New Licenses?” CannaBiz Update, August 2021

“New Compliance Demands for Oregon Cannabis Processors – Be Prepared,” CannaBiz Update, August 2021

“New Legislation Gives OLCC More Oversight Over the Hemp Industry and Delta-8 THC,” CannaBiz Update, August 2021

“Major Changes Coming to Cannabis Industry – Most of Them Are Good,” CannaBiz Update, August 2021

Panelist, “What’s in Store for Oregon Cannabis M&A,” January 2021

Panelist, “A Pandemic Primer for Cannabis Businesses – Unique Challenges for a Unique Industry,” April 2020

“Will Oregon’s Cannabis Industry Go Up in Smoke Due to COVID-19 Fallout?” Portland Business Journal, April 2020