Or. Admin. Code § 603-048-1500

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-048-1500 - Retail Sale Requirements; Restrictions

(1) For the purposes of this rule, "consumer" means a person who purchases, acquires, owns, holds or uses an industrial hemp commodity or products other than for the purpose of resale.

(2) A person may not sell, transfer or deliver to a consumer an industrial hemp commodity or product that contains cannabinoids and is intended for human consumption unless:

(a) If it is a hemp item, the hemp item has been tested in accordance with ORS 571.330 and OAR 603-048-2300 to 603-048-2500;

(b) If the hemp commodity or product is intended for human consumption by ingestion, the hemp commodity or product was processed in a facility licensed by the State Department under ORS 616.695 to 616.755 or in a facility in another state or jurisdiction that meets requirements substantially similar to requirements established under ORS 616.695 to 616.755;

(c) The person obtains and maintains documentation of the results of any testing required under these rules;

(d) If the industrial hemp commodity or product is sold to a person under 21 years of age or any representations are made to the consumer about the concentration of delta-8-tetrahydrocannabinol, the results of the testing required under this subsection demonstrate the concentration of delta-8-tetrahydrocannabinol;

(e) The industrial hemp commodity or product does not contain more than 0.3 percent tetrahydrocannabinol or the concentration of tetrahydrocannabinol allowed under federal law, whichever is greater; and

(f) The industrial hemp commodity or product does not exceed the concentration of adult use cannabinoids established by OAR 845-026-0100, OAR 845-026-0300, and OAR 845-026-0400.

(3) The testing required under this rule may be conducted only by:

(a) A laboratory licensed by the commission under ORS 475C.548 and accredited by the authority under ORS 475C.560; or

(b) If the industrial hemp commodity or product was processed outside of this state, a laboratory accredited to the same or more stringent standards as a laboratory described in paragraph (a) of this subsection.

(4) A person may not sell or deliver an adult use cannabis item as defined by OAR 845-026-0100 and OAR 845-026-0300 to a person under 21 years of age.

(5) Restriction on industrial hemp product sales: A person may not sell an industrial hemp product that contains more than 0.3 percent total THC to a consumer unless licensed as a retailer by OLCC.

(6) Compliance with these rules does not protect a person from possible criminal prosecution under federal law or other sanctions by federal entities.

(7) Each hemp item or lot of industrial hemp for human consumption sold, transferred, or delivered in violation of these rules is a separate violation.

Or. Admin. Code § 603-048-1500

DOA 27-2018, adopt filed 11/29/2018, effective 12/3/2018; DOA 12-2019, amend filed 05/15/2019, effective 5/15/2019; DOA 12-2021, minor correction filed 04/07/2021, effective 4/7/2021; DOA 29-2021, amend filed 12/29/2021, effective 1/1/2022; DOA 26-2022, amend filed 10/31/2022, effective 10/31/2022; DOA 49-2023, amend filed 12/14/2023, effective 12/14/2023

Statutory/Other Authority: ORS 561.190

Statutes/Other Implemented: ORS 571.300-571.348