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ODA Files Updated Hemp Rules - Effective Oct. 31

On October 31, 2022, the Oregon Department of Agriculture (ODA) promulgated new rules governing the Oregon hemp program. Proposed at the end of August 2022 and open for public comment throughout September, these rules finalize changes to various aspects of hemp licensing and testing requirements.


Grower Landowner Consent Forms


Beginning with the 2023 licensing period, non-land owning growers must obtain the written consent of the landowner in order to receive a growers license. The Property Owner Authorization Form is included in the 2023 Grower License Application Form. Please contact EARTH Law, LLC for assistance in submitting your license applications! (info@earthlawllc.com)



Hemp Handler License Expansion


ODA expanded the scope of hemp handler licensing by modifying the definition of “hemp handler” and “Process” in the Oregon rules. Starting with the next licensing period on January 1, 2023, the rules now provide that hemp handlers encompass anyone who:

  • receives industrial hemp for processing into industrial hemp commodities, products, or agricultural hemp seed; or,

  • receives industrial hemp commodities or products for processing into hemp items.

These rules updates do not modify the substantive compliance requirements for hemp handlers.



License Fee Increases


ODA has adopted a $100 fee increase to the grower license fee and a 75% fee increase for all other license fees. Note, ODA rejected the originally proposed 100% increase in licensing fees after thoughtful comments were made by hemp industry stakeholders during the public comment period. Licensing fee changes are reflected below:

License Type

License Year - 2022

License Year - 2023

Grower

$250

$350

Grow Site

$500

$875

Handler

$1300

$2275

Handler by reciprocity

$500

$875

Ag hemp seed

$500

$875

Updates to Control Plan Requirements for Hemp and Medical MJ


ODA permits co-locating of hemp and medical marijuana on the same property, as long as the licensee follows certain provisions to prevent cross-contamination of the crops. With these rules updates, ODA removed the restriction for co-location for medical marijuana grow sites not tracked using CTS.


Note, growers co-locating hemp and medical marijuana must create a control plan describing the process for keeping hemp and marijuana separate, post a map delineating the areas on the property where each crop is grown, and use signs or other notice markings to visually designate where each crop is grown.



Testing Rules Updates


Depending on the type of products your facility is manufacturing, we recommend a close review of the updated testing rules to meet the requirements for your products. Sections OAR 603-048-2300 to 603-048-2500 adopt changes made in the OHA rules that became effective March 31, 2022. See OAR Chapter 333, Division 7. These changes include updates to batch sizes, and testing requirements for concentrates, extracts, and hemp vapor items.


Please schedule a consultation with EARTH Law, LLC to answer any questions regarding these rules, or for help with your 2023 license applications. You can contact us by email at info@earthlawllc.com or by telephone at 541-632-3946.

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