1. (1) A Commission-certified hemp handler 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 handler may only:

   1. (a) Transfer, sell, or transport harvested industrial hemp or hemp items to a processor licensed under ORS 475C.085 that holds an industrial hemp endorsement;
   2. (b) Transfer, sell, or transport harvested industrial hemp or hemp items to a wholesaler licensed under ORS 475C.093; or
   3. (c) Transfer, sell, or transport hemp items 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 handler:

   1. (a) May only transfer, sell, or transport harvested industrial hemp and hemp items that:

      1. (A) Have 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 or hemp items from the location identified in the application under OAR 845-025-2705(2)(c), and only if the Commission-certified hemp handler holds an active hemp handler license issued under ORS 571.281 at that location.

   3. (c) Must:

      1. (A) Hold a valid industrial hemp handler certificate issued by the Commission.
      2. (B) Provide the licensee a copy of any test result conducted on the industrial hemp or hemp items. 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 or hemp items in compliance with the requirements for a licensee transporting marijuana items under OAR 845-025-7700(2), (3)(b), and (8).

   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 or hemp item that has failed a test described in OAR 845-025-5800 to 845-025-5850;
      3. (C) Any hemp item containing artificially derived cannabinoids except items the licensee may receive as allowed under OAR 845-025-1310.
      4. (D) Any living industrial hemp plants;
      5. (E) Industrial hemp seed; or
      6. (F) Any inhalable cannabinoid product that a licensee is prohibited from receiving under OAR 845-025-8520.

Statutory/Other Authority

ORS 475C.017, ORS 571.336 & 571.337

Statutes/Other Implemented

ORS 571.336 & 571.337

History

OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023
OLCC 90-2022, minor correction filed 03/24/2022, effective 03/24/2022
OLCC 21-2021, amend filed 12/30/2021, effective 01/01/2022
OLCC 24-2020, amend filed 12/21/2020, effective 12/22/2020
OLCC 3-2020, amend filed 01/28/2020, effective 02/01/2020
OLCC 5-2019, adopt filed 03/11/2019, effective 03/11/2019