The Oregon Liquor & Cannabis Commission (OLCC) has released a new bulletin (Bulletin CE2023-05) regarding updated rules for both marijuana and hemp program participants. Guidance within the document is relevant to ODA hemp handlers, hemp growers, and hemp vapor item manufacturers. These rule changes will become operative on January 2, 2024. To read the complete changes to the rules as they will appear on January 2, 2024, please see the changes filed with the Oregon Secretary of State here.
While we encourage interested parties to read the entire bulletin for further information, the following sections are of particular importance to hemp handlers, growers, and hemp vapor item manufacturers:
Cannabis Reference Laboratory
OAR 845-025-5765 outlines how the OLCC will be collaborating with ODA to create Oregon’s state Cannabis Reference Laboratory. The cannabis reference lab will work with the OLCC to conduct testing of cannabis products. Test results issued by the reference laboratory can invalidate results issued by OLCC-licensed labs. The cannabis reference laboratory may also participate in the audit testing of products to help the OLCC investigate concerns of product contamination and product
Presumptive Testing of Hemp Crops
In 2021, OLCC implemented a rule describing how a hemp crop could be tested by ODA and/or OLCC to determine if the crop is presumptively considered marijuana. The statute that authorized this presumptive testing sunsets January 1, 2024, so this rule is being repealed effective January 2, 2024.
For more information on the current rules on presumptive testing, see the rule as written here and the guidance released by ODA here.
Addition of Hemp Items to Advertising Rules & Health Claims in Advertising
Previously, the advertising rules in 845-025-8000 through 8080 only applied to marijuana items. Effective January 2, 2024, the advertising rules apply to the advertising of hemp items by OLCC marijuana licensees as well. Additionally, a clearer standard was provided in regards to health claims on advertising, see OAR 845-025-8040 (this is the same standard that has long been in effect for health claims made on labels, see OAR 845-025-7030).
Additionally, OLCC made a minor technical change to industrial hemp vapor item rules, "Clarifying that the labeling rules for industrial hemp-derived vapor items apply whenever those items are sold to Oregon consumers, but do not apply to items transferred out of this state."
Have questions about how this compliance bulletin will affect your business? Schedule a consultation with EARTH Law, LLC to answer your questions, and have qualified legal experts on your side! You can contact us by email at info@earthlawllc.com or by telephone at 541-632-3946.