Or. Admin. Code § 603-048-8031

Current through Register Vol. 63, No. 12, December 1, 2024

Section 603-048-8031 - [Effective until 1/14/2025] Final Order of Disposal of Presumptive Marijuana

(1) For presumptive marijuana that meets any of the following criteria, the Department may issue a final order requiring destruction of all cannabis determined to be presumptively marijuana pursuant to OAR 845-026-4110:

(a) At least fifty percent of composite samples taken from mature plants test at or above ten percent total THC.

(b) The average total THC among the composite samples taken from mature plants tests at or above ten percent.

(2) A final order issued under this rule shall be appealable as an order in other than contested case order under ORS 183.484.

(3) A licensee may only rebut a finding that the cannabis is presumptively marijuana by conducting pre-harvest sampling and testing that is performed by the Department in accordance with OAR 603-048-0600. Pre-harvest sampling and testing performed by a laboratory is not sufficient to rebut a finding that the cannabis is presumptively marijuana. The Department is not responsible for any costs for any pre-harvest testing.

(a) To request sampling and testing for purposes of rebutting a finding that cannabis is presumptively marijuana, within three (3) calendar days from the date of the notification in subsection (1) a grower must submit to the Department, a completed sampling request form provided by the Department that includes:

(A) A written sampling request for THC analysis for each harvest lot, as identified by the harvest lot identifier, for which the grower is requesting sampling and testing and the total number of harvest lots to be sampled and tested;

(B) A description of the location of the production area of each harvest lot, as identified by the harvest lot identifier, including the GPS coordinates or address of the harvest lot; and

(C) A written description and visual depiction of each harvest lot to be sampled and tested such that the production area for each harvest lot is apparent from a visual inspection of the premises and easily discernible from other harvest lots.

(b) Harvest lots or production areas sampled and tested by the Department in compliance with OAR 603-048-0600 that pass testing under OAR 603-048-0600 may be released from detainment.

(4) The Department shall amend or withdraw a final order if a harvest lot or production area passes testing under OAR 603-048-0600 and the grower complies with all requirements in this rule. A grower must destroy presumptive marijuana in accordance with the destruction order if:

(a) The presumptive marijuana does not pass testing under OAR 603-048-0600;

(b) Valid test results are not provided to the Department by the deadline specified by the Department; or

(c) The grower fails to comply with the requirements of this rule.

(5) A licensee must dispose of presumptive marijuana ordered to be disposed under this rule in accordance with OAR 603-048-0640, except that when requesting approval to dispose of the presumptive marijuana in accordance with OAR 603-048-0640(2)(a), the licensee must submit the request at least two (2) calendar days, not including weekends and holidays, prior to disposal. The licensee must dispose of the presumptive marijuana by the date the final order requires destruction unless extended by the Department in writing.

Or. Admin. Code § 603-048-8031

DOA 16-2024, temporary adopt filed 07/19/2024, effective 7/19/2024 through 1/14/2025

Statutory/Other Authority: ORS 561.190, 561.605-561.620, 571.260-571.348 & OL 2024, Chap. 16

Statutes/Other Implemented: OL 2024, Chap. 16 & ORS 571.263