Or. Admin. Code § 845-025-2755 - Industrial Hemp Handler Certificate Privileges; Prohibitions
(1) A
Commission-certified hemp handler may deliver industrial hemp or hemp items to
a processor, wholesaler, or retailer that holds a license issued under ORS
475C.085,
475C.093, or
475C.097 in accordance with this
rule.
(2) If transferring, selling
or transporting to a Commission licensee, a Commission-certified hemp handler
may only:
(a) Transfer, sell, or transport
harvested industrial hemp or hemp items to a processor licensed under ORS
475C.085 that holds an
industrial hemp endorsement;
(b)
Transfer, sell, or transport harvested industrial hemp or hemp items to a
wholesaler licensed under ORS
475C.093; or
(c) Transfer, sell, or transport hemp items
to a retailer licensed under ORS
475C.097.
(3) When transferring, selling, or
transporting pursuant to section (2) of this rule a Commission-certified hemp
handler:
(a) May only transfer, sell, or
transport industrial hemp and hemp items that:
(A) Have been tested in accordance with the
Authority's rules for testing the equivalent marijuana item in OAR
333-007-0300 to
333-007-0500 and OAR 333,
division 64;
(B) Have been tested
for THC and CBD concentration in accordance with OAR
333-007-0430, notwithstanding
whether a test for potency would be required for the equivalent marijuana item;
and
(C) Otherwise complies with the
requirements for marijuana items under ORS
475C.005 to
475C.525,
475C.540 to
475C.586, and
475C.600 to
475C.644 and Commission
rules.
(b) May only
transfer industrial hemp or hemp items from the location identified in the
application under OAR
845-025-2705(2)(c).
(c) Must:
(A) Hold a valid Industrial Hemp Handler
Certificate issued by the Commission.
(B) Provide the licensee a copy of any test
result conducted on the industrial hemp or hemp items. Test results include,
but are not limited to, any pre-harvest test result conducted under OAR
603-048-0600 and any results
from research & development testing.
(C) Comply with CTS requirements in
accordance with OAR 845-025-2775.
(D) Transport industrial hemp or hemp items
in compliance with the requirements for a licensee transporting marijuana items
under OAR 845-025-7700(2)(a), (2)(b)(A)-(C), (2)(b)(F)-(K),
and (2)(d)(A)-(D).
(d) May not transfer to a licensee:
(B) Any batch of harvested industrial hemp
that exceeds the THC limits specified in OAR
845-025-2760;
(C) Any hemp item that exceeds the THC limits
specified in OAR 845-025-2760;
(D) Any hemp item containing artificially
derived cannabinoids except items the licensee may receive as allowed under OAR
845-025-1310.
(E) Any living industrial hemp
plants;
(F) Industrial hemp seed;
or
(G) On or after July 1, 2021,
any inhalable cannabinoid product that a licensee is prohibited from receiving
under OAR 845-025-8520.
(4) Failed potency
testing; remediation.
(a) If a batch of
industrial hemp or hemp items tested under OAR
333-007-0430 exceeds the THC
limits specified in OAR
845-025-2760 when a compliance
test is conducted under OAR
333-007-0430, it fails potency
testing for the purposes of these rules.
(b) If a batch of industrial hemp or hemp
items fails potency testing, the Commission-certified hemp handler must:
(A) Store and segregate the batch in a secure
area until it is transferred or destroyed;
(B) Label the batch clearly to indicate it
has failed a test and the label must include a test batch number; and
(c) For each batch of industrial
hemp or hemp items that fails potency testing, the Commission-certified hemp
handler must:
(A) Process the batch into a
hemp item that does not exceed the THC limits specified in OAR
845-025-2760;
(B) Transfer the batch to a
Commission-certified hemp handler for the purposes of processing the industrial
hemp into a hemp item that does not exceed the THC limits specified in OAR
845-025-2760; or
(C) Destroy the batch in a manner specified
by the Commission.
(d) A
Commission-certified hemp handler may not transfer, sell, or transport:
(A) Any hemp item derived from a batch of
industrial hemp or hemp items that failed potency testing except to a licensee
or laboratory licensee as provided in these rules.
(B) Industrial hemp that fails potency
testing other than as provided in these rules.
(5) Equivalent marijuana items. For the
purposes of this rule:
(a) Cannabinoid
capsule as defined in OAR
603-048-2310 is equivalent to
cannabinoid capsule as defined in OAR
333-007-0310.
(b) Cannabinoid product as defined in OAR
603-048-2310 is equivalent to
cannabinoid product as defined in OAR
333-007-0310.
(c) Harvested industrial hemp is equivalent
to usable marijuana as defined in OAR
333-007-0310.
(d) Hemp concentrate or extract as defined in
OAR 603-048-2310 is equivalent to
cannabinoid concentrate or extract as defined in OAR
333-007-0310.
(e) Hemp edible as defined in OAR
603-048-2310 is equivalent to
cannabinoid edible as defined in OAR
333-007-0310.
(f) Hemp stalk as defined in OAR
603-048-2310 is equivalent to
usable marijuana as defined in OAR
333-007-0310.
(g) Hemp tincture as defined in OAR
603-048-2310 is equivalent to
cannabinoid tincture as defined in OAR
333-007-0310.
(h) Hemp topical as defined in OAR
603-048-2310 is equivalent to
cannabinoid topical as defined in OAR
333-007-0310.
(i) Hemp transdermal patch as defined in OAR
603-048-2310 is equivalent to
cannabinoid transdermal patch as defined in OAR
333-007-0310.
(j) Usable hemp as defined in OAR
603-048-2310 is equivalent to
usable marijuana as defined in OAR
333-007-0310.
Notes
Statutory/Other Authority: ORS 475C.017
Statutes/Other Implemented: ORS 571.336 & 571.337
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.