OLCC Bulletin: Would You Like to Sell Hemp-Derived Beverages?

Would You Like to Sell Hemp-Derived Beverages?

Portland, OR -- With the recent changes at the federal level, the OLCC has received a number of questions from alcohol licensees and liquor agents about whether they may sell and/or serve hemp-derived beverages.

Generally, if the hemp-derived beverages comply with Oregon law and the licensee or agent selling them has the required licenses, the beverages may be sold in the state.

However, there are important conditions that determine which hemp-derived beverages may be sold. To ensure that the beverages comply, please follow the guidance below.

Businesses offering hemp-derived beverages are responsible for ensuring the products they sell comply with all applicable laws and rules.

1. Non-alcoholic v. alcoholic hemp-derived beverages.

   Only non-alcoholic hemp-derived beverages may be sold in Oregon.

   
   

   Hemp-derived beverages MAY NOT be used as mixers for on-premises consumption. This restriction applies even to non-alcoholic mocktails. The one exception to this rule is that alcoholic beverages containing hemp, THC, CBD or any other cannabinoid can only be sold if they have been specifically approved by the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the U.S. Food and Drug Administration (FDA).

   
   

2. Adult-use v. all-ages beverages

   Many hemp-derived beverages are strictly adult-use only. Two conditions determine whether a beverage is adult-use only.

   1. If the THC content of a beverage exceeds 0.5 mg per unit of sale it may only be sold to adults; OR

   2. If the laboratory testing conducted on the product was not sensitive enough to detect 0.5 mg per unit of sale, it may only be sold to adults.

      
      

3. THC Limits on Adult-use Beverages

   To be legal, adult-use beverages must ALSO conform to specific THC limits. Hemp-derived beverages for adults CANNOT contain more than 2 mg of THC per serving. Please see OAR 845-026-0400 and 845-026-0410 for complete limits.

   
   

4. Testing requirements

   Whether restricted to adult-use or not, all hemp-derived beverages must be tested before sale. Retailers are responsible for verifying that the testing meets Oregon requirements prior to selling the product to Oregon consumers.

   
   

5. Hemp-derived beverages with artificially derived cannabinoids

   In general, hemp-derived beverages that contain artificially derived cannabinoids are illegal in Oregon. The only exception to this rule is if the artificially derived cannabinoid has been approved for sale by the OLCC.

   
   

   Cannabinoids that are sometimes manufactured as artificially derived cannabinoids include delta-9-THC, delta-8-THC, CBN, HHC, and THCO. However, some of these cannabinoids (e.g. delta-9-THC, CBN) can also occur naturally in hemp. Whether a product containing these cannabinoids is eligible for sale to Oregon consumers depends on how the cannabinoids were made.

   
   

   Retailers should work with distributors and manufacturers to verify whether their products are legal for sale in Oregon.

   
   

6. ODA License Requirements

   To sell hemp-derived beverages, licensees and liquor agents must have a hemp vendor license from the Oregon Department of Agriculture (ODA). Information about obtaining a hemp vendor license can be found here.

   
   

7. Hemp-derived v. marijuana-derived beverages

   Alcohol licensees and liquor agents MAY NOT sell marijuana-derived beverages. Such beverages may only be sold by licensed marijuana retailers.

   
   

8. Hemp-derived beverages must be registered with the OLCC

   
   

   Beginning January 1, 2026, hemp-derived beverages that contain THC or CBD must be registered with OLCC in Oregon’s Hemp Registry and comply with Oregon labeling requirements. The agency will begin enforcing these registration and labeling requirements in June 2026, providing businesses time to prepare. For more information or assistance with the registry, businesses can visit OLCC’s Hemp Registry & Labeling Resource page.

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Do you have questions about federal or state-level regulations and laws related to land use, hemp, psilocybin, or other agricultural products?

Our expert team is happy to assist.

Please email us at info@earthlawllc.com or give us a call at 541-632-3946.