1. (1) A Commission-certified hemp grower may deliver industrial hemp or hemp items to a processor, wholesaler, or retailer that holds a license issued under ORS 475C.085, 475C.093, or 475C.097 in accordance with this rule.

2. (2) If transferring, selling, or transporting to a Commission licensee, a Commission-certified hemp grower may:

   1. (a) Transfer, sell, or transport harvested industrial hemp, usable hemp manufactured by the grower in compliance with OAR 603-048-0125(6), or hemp kief as defined in OAR 603-048-0010 manufactured by the grower in compliance with OAR 603-048-0125(7) to a processor licensed under ORS 475C.085 that holds an industrial hemp endorsement; or
   2. (b) Transfer, sell, or transport harvested industrial hemp, usable hemp manufactured by the grower in compliance with OAR 603-048-0125(6), or hemp kief as defined in OAR 603-048-0010 manufactured by the grower in compliance with OAR 603-048-0125(7) to a wholesaler licensed under ORS 475C.093; or
   3. (c) Transfer, sell, or transport usable hemp manufactured by the grower in compliance with OAR 603-048-0125(6) or hemp kief as defined in OAR 603-048-0010 manufactured by the grower in compliance with OAR 603-048-0125(7) as defined in OAR 603-048-0010 to a retailer licensed under ORS 475C.097.

3. (3) When transferring, selling, or transporting pursuant to section (2) of this rule, a Commission-certified hemp grower:

   1. (a) May only transfer, sell, or transport harvested industrial hemp, usable hemp, or hemp kief as defined in OAR 603-048-0010 that:

      1. (A) Has been tested in accordance with OAR 845-025-5800 to 845-025-5850; and
      2. (B) Otherwise complies with the requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.644, and Commission rules.
   2. (b) May only transfer harvested industrial hemp, usable hemp, or hemp kief as defined in OAR 603-048-0010 from the location identified in the application under OAR 845-025-2700(2)(c), and only if the Commission-certified hemp grower holds an active hemp grower license issued under ORS 571.281 at that location;

   3. (c) Must:

      1. (A) Hold a valid industrial hemp grower certificate issued by the Commission.
      2. (B) Provide the licensee a copy of any test result conducted on the industrial hemp. Test results include, but are not limited to, any pre-harvest test result conducted under OAR 603-048-0600 and any results from research and development testing.
      3. (C) Comply with CTS requirements in accordance with OAR 845-025-2775.
      4. (D) Transport industrial hemp in compliance with the requirements for a licensee transporting marijuana items under OAR 845-025-7700(2), (3)(b), and (8); and

   4. (d) May not transfer to a licensee:

      1. (A) Any industrial hemp that has failed the testing described in OAR 603-048-0600 to 603-048-0650;
      2. (B) Any batch of harvested industrial hemp, usable hemp, or hemp kief as defined in OAR 603-048-0010 that has failed a test described in OAR 845-025-5800 to 845-025-5850;
      3. (C) Any living industrial hemp plants; or
      4. (D) Industrial hemp seed.

Statutory/Other Authority

ORS 475C.017

Statutes/Other Implemented

ORS 475C.017, ORS 571.336 & 571.337

History

OLCC 9-2024, amend filed 10/17/2024, effective 10/22/2024
OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023
OLCC 89-2022, minor correction filed 03/24/2022, effective 03/24/2022
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 6-2019, amend filed 03/13/2019, effective 03/13/2019
OLCC 3-2019, amend filed 02/25/2019, effective 03/01/2019
OLCC 15-2017, adopt filed 12/22/2017, effective 12/28/2017