1. (1) For the purposes of this rule:

   1. (a) “Process lot”:

      1. (A) Has the meaning given that term in OAR 845-025-1015; and
      2. (B) Means a production batch as that term is used in ORS 475C.211.
   2. (b) “Unit” means a packaged item subject to the concentration and serving size limits in OAR 845-026-0210 or OAR 845-025-2750.

2. (2) A marijuana producer, marijuana processor, marijuana wholesaler, or marijuana retailer may provide samples of marijuana items and hemp items to a worker permit holder who performs work for or on behalf of the licensee.

   1. (a) A licensee may provide up to the following amounts of samples for each worker permit holder:

      1. (A) Five grams of usable marijuana or usable hemp per harvest lot per strain per month;
      2. (B) One unit of packaged cannabinoid concentrates or hemp concentrates per process lot;
      3. (C) One unit of packaged cannabinoid extract or hemp extract per process lot; and
      4. (D) One unit of packaged cannabinoid product or hemp cannabinoid product per process lot.

   2. (b) Notwithstanding subsection (a) of this section:

      1. (A) A producer may provide up to the following amounts of samples to a worker permit holder who performs work for or on behalf of the producer for the purpose of quality control or product development:

         1. (i) One ounce of usable marijuana produced by the producer per harvest lot per strain.
         2. (ii) Five grams of kief or cannabinoid concentrates processed by the producer per process lot.

      2. (B) A processor may provide up to the following amounts of samples to a worker permit holder who performs work for or on behalf of the processor for the purpose of quality control or product development:

         1. (i) Five grams of cannabinoid concentrates or hemp concentrates processed by the processor per process lot.
         2. (ii) Five grams of cannabinoid extracts or hemp extracts processed by the processor per process lot.
         3. (iii) Twelve individual units of cannabinoid products or hemp cannabinoid products processed by the processor per process lot.
         4. (c) Notwithstanding subsections (a) and (b) of this section, a worker permit holder may not receive an amount of samples in excess of the amounts described in ORS 475C.337.

3. (3) In addition to the amounts described in section (2) of this rule, a producer may transfer to each worker permit holder who performs work for or on behalf of the producer up to:

   1. (a) Four immature marijuana plants per month; and
   2. (b) Ten marijuana seeds per month.
4. (4) A marijuana producer, marijuana processor, marijuana retailer, marijuana wholesaler or hemp certificate holder may provide samples of marijuana items to another marijuana licensee described in section (2) of this rule for the purpose of the receiving licensee providing samples to worker permit holders as described in section (2)(a) of this rule. The licensee may provide a quantity of samples in an amount proportional to the number of worker permit holders to whom the receiving licensee will provide the samples.

5. (5) Labeling.

   1. (a) Every trade sample provided to a licensee or worker permit holder shall have a label containing the following in any legible font that is at least one-sixteenth of an inch in height based on the lower case “o”:

      1. (A) A statement that reads: “TRADE SAMPLE NOT FOR RESALE” in bold, capital letters attached to the trade sample;
      2. (B) The product identity;
      3. (C) The UID; and
      4. (D) The net weight or contents of the trade sample.

   2. (b) Notwithstanding subsection (a) of this section, a sample does not need to be labeled if the sample is:

      1. (A) Usable marijuana provided by the producer who harvested it to a worker permit holder who performs work for or on behalf of the producer who harvested it;
      2. (B) Immature marijuana plants or seeds as described in section (3) of this rule;
      3. (C) A cannabinoid concentrate provided by the producer or processor who processed it to a worker permit holder who performs work for or on behalf of the producer or processor who processed it; or
      4. (D) A cannabinoid extract or cannabinoid product provided by the processor who processed it to a worker permit holder who performs work for or on behalf of the processor who processed it;

6. (6) Reconciliation in CTS.

   1. (a) When assigning and affixing the UID tag, a licensee or hemp certificate holder must designate samples as trade samples in CTS.
   2. (b) Notwithstanding OAR 845-025-7520(3), each cannabinoid product line intended as a trade sample must be assigned a single unique product line name in CTS and may be assigned a single UID tag.

   3. (c) When providing a sample of a marijuana item or hemp item to a worker permit holder as described in subsection (2)(a) of this rule, a licensee must record the following in CTS:

      1. (A) The reduction in quantity of the total weight or item count as applicable under the associated UID for the item;
      2. (B) The date and time the sample was provided to the worker permit holder; and
      3. (C) The worker permit number of the worker permit holder receiving the sample.

7. (7) Trade samples provided under this rule:

   1. (a) May not be consumed or used on a licensed premises;
   2. (b) May not be sold to another licensee or consumer;
   3. (c) Must be transported in compliance with OAR 845-025-7700; and
   4. (d) Must be tested in accordance with OAR chapter 333, division 7.
8. (8) Notwithstanding subsection (7)(d) of this rule, samples provided to a worker permit holder under subsection (2)(b) for does not need to be tested in accordance with OAR chapter 333, division 7.
9. (9) Nothing in these rules allows a worker permit holder to possess, in their personal capacity, marijuana items in excess of the amounts described in ORS 475C.337.
10. (10) Violations. A violation of this rule is a Category III violation.

Statutory/Other Authority

ORS 475C.017, 475C.065, 475C.085, 475C.093 & 475C.097

Statutes/Other Implemented

ORS 475C.017, 475C.065, 475C.085, 475C.093, 475C.097 & ORS 475C.211

History

OLCC 29-2026, minor correction filed 06/23/2026, effective 06/23/2026
OLCC 6-2025, amend filed 11/20/2025, effective 01/01/2026
OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023
OLCC 53-2022, minor correction filed 03/23/2022, effective 03/23/2022
OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022
OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020
OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018
OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017
OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16