1. (1) A processor with an industrial hemp endorsement may transfer, sell, transport, purchase, possess, accept, return, or receive industrial hemp and hemp items in accordance with OAR 845-025-3215.
2. (2) A wholesaler may transfer, sell, transport, purchase, possess, accept, return, or receive industrial hemp and hemp items in accordance with OAR 845-025-3500.

3. (3) A retailer may:

   1. (a) Transfer, sell, transport, purchase, possess, accept, return, or receive hemp items in accordance with OAR 845-025-2800.
   2. (b) Sell, transfer, or deliver hemp items to a consumer, patient, or designated primary caregiver in accordance with all requirements for selling or transferring marijuana items.

4. (4) A licensee may only receive industrial hemp and hemp items from a Commission-certified hemp grower or Commission-certified hemp handler if:

   1. (a) The industrial hemp or hemp item does not exceed the THC limits specified in OAR 845-025-2760;
   2. (b) The industrial hemp or hemp item has passed testing as described in OAR 845-025-5800 to 845-025-5850;
   3. (c) The licensee receives a copy of any test result conducted on the industrial hemp or hemp item as a condition of receipt. Test results include, but are not limited to, any pre-harvest test result conducted under OAR 603-048-0600 and any results from quality control and research and development testing conducted under OAR chapter 333, division 7; and
   4. (d) The licensee complies with any applicable requirements of ORS 571.281 to 571.348 or any rules adopted thereunder.

5. (5) A licensee may only deliver industrial hemp and hemp items if the industrial hemp and hemp items:

   1. (a) Are delivered to a licensed marijuana retailer or wholesaler, or to a processor with an industrial hemp endorsement, in compliance with all rules for delivering marijuana;
   2. (b) Meet any applicable requirement for marijuana items set forth in ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.644, and rules adopted thereunder;
   3. (c) Comply with the testing requirements in OAR 845-025-5800 to 845-025-5850; and
   4. (d) Were entered into and tracked by CTS prior to receipt.
6. (6) Licensees must track industrial hemp or any hemp item using CTS in the same manner that they track marijuana items.
7. (7) All requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.644, and any rules adopted thereunder apply to industrial hemp and hemp items received, delivered, or manufactured by a licensee or laboratory licensee unless specifically excluded by these rules.
8. (8) A laboratory licensee must comply with all of the requirements of OAR 845-025-5045 when performing sampling or testing of industrial hemp or hemp items entered in CTS by a processor, wholesaler, retailer, Commission-certified hemp grower, or Commission-certified hemp handler in accordance with OAR 845-025-2775 and 845-025-5800 to 845-025-5850.

9. (9) A licensee or laboratory licensee may not:

   1. (a) Transfer, sell, transport, purchase, possess, accept, return, or receive any industrial hemp or hemp item other than as provided in this rule;
   2. (b) Transfer, sell, transport, purchase, possess, accept, return, or receive any industrial hemp or hemp item that exceeds the THC limits specified in OAR 845-025-2760;
   3. (c) Transfer, sell, transport, purchase, possess, accept, or receive hemp items that exceeded 0.3 percent total delta-9-THC when imported into the state;
   4. (d) Purchase, possess, or receive any industrial hemp that has failed the testing described in OAR 603-048-0600 to 603-048-0650;
   5. (e) Purchase, possess, or receive any industrial hemp that has failed the testing described in OAR 845-025-5800 to 845-025-5850; or
   6. (f) Plant, propagate, cultivate, grow, or harvest industrial hemp within their licensed premises.

Statutory/Other Authority

ORS 475C.017 & ORS 571.337

Statutes/Other Implemented

ORS 475C.085, ORS 475C.301, ORS 571.336 & ORS 571.337

History

OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023
OLCC 190-2022, minor correction filed 03/28/2022, effective 03/28/2022
OLCC 93-2022, 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 3-2019, adopt filed 02/25/2019, effective 03/01/2019