Navigating 2024 Hemp Implementation: OLCC Proposed Rulemaking Public Comment Period NOW OPEN!

The Oregon Liquor and Cannabis Commission (OLCC) is preparing to implement new hemp rules following the RAC discussion on draft rules for House Bill 4121, passed during the 2024 Oregon legislative session. Here's a breakdown of some of the key aspects of the proposed rulemaking:

1. OLCC is developing a methodology to differentiate between marijuana and industrial hemp plants, as mandated by HB 4121.

2. The proposed rule creates new standards for approving industrial hemp products that contain artificially derived cannabinoids.

• Until January 2, 2025, specific carveouts are provided from the requirements for the sale of CBN products not intended for human inhalation.

•  The OLCC noted in the previous RAC discussion on draft rules that it does not know whether this rule exemption for CBN will extend through 2026 but said that this is a possibility.

3. The proposed rule would establish new hemp product concentration limits per serving size and container.

• The rule would set concentration and serving size limits for hemp tinctures.

4. The proposed rule enables Commission-certified hemp growers to transfer usable hemp and hemp kief to certain OLCC licensed marijuana processers, wholesalers, or retailers.

5. Proposed rule amendments would require that hemp kief lots be tested in the same manner as how cannabinoid concentrates and extracts are tested.

The proposed rules are anticipated to have varying impacts on hemp growers, small businesses, local governments, state agencies, and the public. As OLCC progresses with the rulemaking process and seeks public feedback through the comment period, stakeholders are encouraged to stay informed and participate in shaping the future regulatory landscape for hemp in Oregon.

The OLCC has opened the proposed rule's Public Comment period, and will accept comments until September 27, at 12:00 pm. 

Written comments can be sent to OLCC.Rulemaking@oregon.gov and will be accepted through the comment period's closing on September 27 at 12:00 pm. Comments may also be submitted during the virtual public hearing on September 18, 2024 at 10:00 am. 

Please email us at info@earthlawllc.com with any questions on these proposed rules, how they may impact your business, or any other questions regarding this update, and schedule a consultation today!