Oregon

Oregon Adopts Final Hemp Regulations: Has your CBD been tested?

The Oregon Department of Agriculture adopted final regulations for the hemp industry on May 15, 2019, which replace the temporary rules that were put in place in December. The DOA’s regulations govern the production and processing of hemp in Oregon including the creation of extracted hemp products. The DOA’s website indicates that over 3,500 applicants received a hemp license for 2019, and Oregon expects to produce over 20,000 acres of hemp.

Now that the rules are effective, hemp products that are intended for human consumption must be tested and labeled before they are sold to the public. CBD and other finished hemp products to be tested and reported to the state in the same manner as cannabis. The DOA may revoke the license of any grower or processor that fails to comply with this requirement.

Oregon’s hemp industry remains far ahead of other states, such as Connecticut, New Mexico and Utah, that are just enacting legislation to authorize commercial hemp programs. As a leader in the industry, Oregon urged the USDA to expedite the implementation of the 2018 Farm Bill so that growers and handlers could export products to other states.

Earlier this year, Oregon’s DOA issued a warning to the industry that states bordering Oregon were stopping trucks carrying hemp products, and charging the drivers with criminal violations. In the USDA’s response to Oregon’s letter, it indicated that the Farm Bill will be implemented for the 2020 growing season, which will open up interstate commerce.

Oregon Growers Lose License for Multiple Regulatory Violations

The Oregon Liquor Control Commission (OLCC) revoked the licenses of two growers for multiple regulatory violations. Green T Farms and Green Acre Blend surrendered their licenses and any marijuana items remaining.

OLCC staff allege that Green T Farms utilized a trailer to store marijuana. The trailer did not meet the security requirements, and was not within the coverage of the video surveillance camera. The video equipment was not sufficient to ensure back up capability, and could not notify Green T of a breach. Green T Farms is in the process of selling its business.

The proprietors of Green Acre Blend are involved in a marital dispute that resulted in the issuance of a restraining order. The status of the owner’s relationship prevents the entity from complying with the OLCC regulations.

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.

Free Cannabis Legislative Tracker For 20 States: Access THC, Hemp And CBD Bills

Access our free legislative trackers for Arizona, California, Colorado, Connecticut, Florida, Illinois, Kentucky, Massachusetts, Maine, Michigan, Missouri, North Dakota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah and Washington. Review and access the cannabis & hemp bills introduced by the State Legislatures in the 2019-2020 session. The trackers include a summary description of the legislation, status and link to the full legislative text. The legislative trackers will be updated on a weekly basis.

Free Cannabis Legislative Tracker For 20 States: Access THC, Hemp And CBD Bills

Access our free legislative trackers for Arizona, California, Colorado, Connecticut, Florida, Illinois, Kentucky, Massachusetts, Maine, Michigan, Missouri, North Dakota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah and Washington. Review and access the cannabis & hemp bills introduced by the State Legislatures in the 2019-2020 session. The trackers include a summary description of the legislation, status and link to the full legislative text. The legislative trackers will be updated on a weekly basis.

Risky Business: Interstate Hemp Transport Could Cost You Your License

The Oregon Department of Agriculture (DOA) sent the Secretary of the USDA a letter asking the federal regulator to provide guidance to the hemp industry that would allow the transport of hemp across state lines. Oregon emphasized that interstate commerce is critical for the hemp industry. Oregon’s hemp industry has grown tremendously from 105 acres of hemp grown in 2015 to over 20,000 acres in March of 2019.

There have been reports in recent weeks of state authorities bringing criminal charges against persons who are transporting hemp and cbd oil across state lines. Under the 2018 Farm Bill, a person who is convicted of a felony related to a controlled substance under Federal or State law could lose the ability to obtain a hemp license for 10 years. Persons in the cannabis industry would also be required to report the incident to current and future regulators, which could impact the ability to obtain or retain other licenses. This is a significant risk as some states have yet to remove hemp from the Schedule 1 classification.

Unless the USDA acts, relief from this predicament may not arrive until the 2020 growing season. Oregon notes that the 2018 Farm Bill allows interstate commerce once the USDA has received and approved a state’s hemp growing plan. The USDA announced that it will approve the state’s growing plans in time for the 2020 growing season. Until that time, states must rely on the prior 2014 U.S. Farm Bill, which does not permit interstate hemp transport. USDA guidance is needed to provide the market with the certainty that it needs to grow, and compete with international players.

Free Cannabis Legislative Tracker For 20 States: Access THC, Hemp And CBD Bills

Access our free legislative trackers for Arizona, California, Colorado, Connecticut, Florida, Illinois, Kentucky, Massachusetts, Maine, Michigan, Missouri, North Dakota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah and Washington. Review and access the cannabis & hemp bills introduced by the State Legislatures in the 2019-2020 session. The trackers include a summary description of the legislation, status and link to the full legislative text. The legislative trackers will be updated on a weekly basis.

Free Cannabis Legislative Tracker For 20 States: Access 440 THC, Hemp And CBD Bills

Access our free legislative trackers for Arizona, California, Colorado, Connecticut, Florida, Illinois, Kentucky, Massachusetts, Maine, Michigan, Missouri, North Dakota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah and Washington. Review and access the cannabis & hemp bills introduced by the State Legislatures in the 2019-2020 session. The trackers include a summary description of the legislation, status and link to the full legislative text. The legislative trackers will be updated on a weekly basis.

Cannabis Regulatory Meeting Tracker 02/27/2019: 8 Meetings Today in California, Maine, Massachusetts, Michigan and Oregon

Free Cannabis Legislative Tracker For 20 States: Access 425 THC, Hemp And CBD Bills

Access our free legislative trackers for Arizona, California, Colorado, Connecticut, Florida, Kentucky, Massachusetts, Maine, Missouri, North Dakota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah and Washington. Review and access the cannabis & hemp bills introduced by the State Legislatures in the 2019-2020 session. The trackers include a summary description of the legislation, status and link to the full legislative text. The legislative trackers will be updated on a weekly basis.