An industrial hemp product that contains an artificially derived cannabinoid may be approved on or after January 1, 2026, if:
(1) The artificially derived cannabinoid:
- (a) Is not a controlled substance under OAR chapter 855, division 80;
- (b) Was manufactured in compliance with applicable laws relating to food safety;
- (c) In the Commission’s judgment, is not impairing or intoxicating at the intended concentration in the product; and
- (d) Has been reported as a naturally-occurring component of the plant Cannabis family Cannabaceae in at least three peer-reviewed publications.
- (2) The product is not intended for human inhalation; and
(3) The manufacturer of the artificially derived cannabinoid:
- (a) Has made a “Generally Recognized as Safe” (GRAS) determination for the artificial cannabinoid;
- (b) Has received a Food and Drug Administration (FDA) letter responding to a “Generally Recognized as Safe” (GRAS) notice for the artificially derived cannabinoid manufactured by the same method that the manufacturer uses, affirming that FDA has no questions about the notice; or
- (c) Has received an FDA letter of acknowledgement with no objections in response to a New Dietary Ingredient notification for the artificially derived cannabinoid manufactured by the same method that the manufacturer uses.
Statutory/Other Authority
ORS 475C.017 & ORS 571.309
Statutes/Other Implemented
ORS 571.309
History
OLCC 18-2026, minor correction filed 06/23/2026, effective 06/23/2026
OLCC 9-2024, adopt filed 10/17/2024, effective 10/22/2024