1. (1) A licensed marijuana testing laboratory may:

   1. (a) Obtain samples of marijuana items from licensees or registrants for the purpose of testing as provided in these rules and OAR chapter 333, division 7 if the laboratory has an accredited scope item for sampling;
   2. (b) Transport and dispose of samples as provided in these rules;
   3. (c) Perform testing on marijuana items in a manner consistent with the laboratory’s accreditation by the Authority, these rules, OAR chapter 333, divisions 7 and 64; and
   4. (d) Transfer the laboratory’s marijuana waste to a producer, processor, wholesaler, or research certificate holder.
2. (2) After entering the results into CTS of all testing that was performed, a laboratory licensee must retain the remaining sample material taken under OAR 333-007-0360 for a minimum of 30 additional calendar days.
3. (3) A licensed marijuana testing laboratory must, upon request of the Oregon Department of Agriculture, Oregon Health Authority, ORELAP, or the Commission, provide a test result and any other information or sample material to the Department, the Authority, ORELAP, or the Commission.
4. (4) Notwithstanding the requirements of OAR 845-025-1230, a laboratory licensee may permit a registry identification cardholder 18 years of age or older to be present on the licensed premises for the purpose of delivering a marijuana item for sampling and testing.
5. (5) Nothing in these rules prohibits a laboratory licensee from testing industrial hemp or industrial hemp commodities and products in accordance with the rules established by the Oregon Department of Agriculture.
6. (6) A licensed laboratory may return a marijuana item obtained for purposes of testing to the licensee, registrant or research certificate holder, in accordance with any applicable accreditation standards for retaining samples. The return of such marijuana items must be entered into CTS or, if the return is to a registrant, documented in the laboratory’s records.
7. (7) A licensed laboratory may not obtain samples, transport, dispose of, perform testing, transfer, or return any marijuana item other than as provided in this rule.
8. (8) Violations. A violation of this rule is a Category I violation.

Statutory/Other Authority

ORS 475C.548

Statutes/Other Implemented

ORS 475C.548

History

OLCC 202-2022, amend filed 11/21/2022, effective 01/01/2023
OLCC 124-2022, minor correction filed 03/25/2022, effective 03/25/2022
OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018
OLCC 22-2016, f. 12-22-16, cert. ef. 12-27-16
OLCC 9-2016(Temp), f. 6-28-16, cert. ef. 6-30-16 thru 12-26-16
OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16
OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16