Oregon's Proposed Hemp Rules Requires CBD to be Tested Like Marijuana

The Oregon Department of Agriculture published proposed hemp rules that implements the state’s requirement that hemp intended for human consumption to be tested to the same degree as marijuana. The draft rules apply an extensive regulatory framework to hemp products intended for human consumption. The proposed rule replicates the marijuana product categories, and by reference, the product’s testing requirements. The window for providing feedback on the rules closes on May 7, 2019. Some of the highlights that should be noted include

  • Topicals are considered products that are intended for human consumption.

  • The products must be tested prior to sale or transfer. It is not clear how this requirement is satisfied for hemp that is imported from another state.

  • Hemp may be remediated to remove pesticides and solvents - but not dilution.

  • Hemp items (i.e, CBD, etc.) must be tested to ensure potency is below the .3% THC threshold.