OLCC approves temporary rules to begin hemp field inspections
OLCC sent out a notice with their first actions implementing HB 3000 Sections 41a, 42 and 43- regarding compliance inspections to curb the illegal production of cannabis.
Section 41a: OLCC in consultation with ODA to establish testing methodology for determining a cannabis plant is presumptively hemp or marijuana Section 42: Gives ODA authority to enter into interagency agreement with OLCC to have OLCC staff help with hemp crop inspections, and Section 43: Provides authority for ODA to (a) have law enforcement accompany the Dept. to hemp operations for purpose of protection and (b) have state or local officials responsible for enforcement to accompany Dept. to hemp operations to carry out inspections.
These sections are reflective of ORS 571.281(7) and OAR 603-048-0650 which have been in place for years, and authorizes ODA “as it deems necessary in the enforcement and carrying out its laws may, during normal business hours, inspect premises, machinery, equipment and facilities of registrants and inspect, any crop during any growth phase, and take a representative composite sample for field analysis.”
Due to ODA’s historic and current staffing shortage, these inspections have not occurred to the extent the Legislature and other agencies have expected them to occur. With all of the issues brought to the Legislature this Session and the continuing concerns in southern Oregon around illegal cannabis production, these inspections are increasing and underway.
OLCC inspectors are now supporting ODA’s staff, with law enforcement providing necessary protection and safety assessments to the joint inspection teams. Together the agencies will inspect hemp grow sites to test the crop’s THC levels to determine compliance with Oregon’s Hemp Program
Please contact us (info@earthlawllc.com, 541-632-3946) with any questions about compliance inspections!