Oregon Liquor and Cannabis Commission
Chapter 845
Division 26
ADULT USE CANNABIS AND HEMP CONCENTRATION LIMITS
845-026-0400
Hemp Item  Concentration and Serving Size Limits: Definitions, Purpose, Scope and Effective Date
(1) Applicability.
(a) Except as provided in subsection (b) of this section, this rule applies to industrial hemp products that:
(A) Contain cannabinoids and are intended for consumption or use; and
(B) Are offered for sale or transfer to a consumer in Oregon or imported into Oregon for delivery to a consumer on or after July 1, 2022.
(b) This rule does not apply to a hemp item, as that term is defined in OAR 845-025-1015, that is subject to the concentration and serving size limits in OAR 845-025-2760.
(2) An industrial hemp product meets the concentration limits permitted under this rule if:
(a) The total delta-9-THC as calculated in accordance with OAR 333-064-0100(4) does not exceed the maximum amount of THC permitted by more than 10 percent;
(b) The total delta-9-THC as calculated in accordance with OAR 333-064-0100(4) does not exceed the maximum concentration of THC permitted by more than 10 percent; and
(c) The testing done in accordance with ORS 571.330 or 571.339 was performed using a method with a LOQ sufficient to demonstrate that the total delta-9-THC does not exceed the maximum amount of THC permitted in a container by more than 10 percent.
(3) The maximum concentration and amount of total delta-9-THC permitted in a container and the maximum concentration or amount of total delta-9-THC permitted in a serving is listed in Table 3, incorporated by reference.
(4) An industrial hemp product may not contain any artificially derived cannabinoids.
(5) Serving size is as determined by the processor and must comply with applicable serving size limits.
(6) An industrial hemp product that does not fall within a category in Table 3 must meet the concentration and serving size limits applicable to a cannabinoid edible in Table 3.
(7) Civil Penalties. The Commission may impose a civil penalty of no more than $10,000 for each violation of ORS 475C.257 by a person other than a marijuana retailer that holds a license issued under ORS 475C.097 selling an industrial hemp product to a consumer that exceeds the concentration and serving size limits in this rule.
[ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]
Statutory/Other Authority: ORS 475C.017, ORS 475C.257, 475C.405, ORS 571.309 & 475C.620
Statutes/Other Implemented: ORS 475C.257, ORS 571.309 & 475C.620
History:
OLCC 24-2022, minor correction filed 03/07/2022, effective 03/07/2022
OLCC 11-2022, minor correction filed 02/25/2022, effective 02/25/2022
OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022