Yesterday, the OLCC had a Rules Advisory Committee (RAC) meeting on the Hemp Implementation rules package. The proposed draft rule amendments can be found online here. In case you missed the meeting, here are some key takeaways!
Testing Requirements:
1. Presumptive testing remains substantially the same as in the previous rule.
2. Proposed amendments would require that hemp kief lots be tested in the same manner as how cannabinoid concentrates and extracts are tested.
3. A RAC committee member requested that the definition of “consumer” be added to “Definitions for Industrial Hemp and Hemp Item Testing.”
Hemp Product Concentration Limits, ADCs & CBN
1. The proposed amendments create new standards for approving industrial hemp products that contain artificially derived cannabinoids (ADCs).
2. Until January 2, 2025, specific carveouts are provided from the requirements for the sale of CBN products not intended for human inhalation.
2. The OLCC noted that it does not know whether this rule exemption for CBN will extend through 2026 but said that this is a possibility.
4. Two committee members raised concerns over how it will be difficult for hemp businesses to swiftly prepare to comply with this rule while facing the possibility that the standard may change after January 2, 2025.
Adult-use Cannabinoid Concentration Levels
1. The amendments would create new hemp product concentration limits per serving size and container.
2. The OLCC noted that there was no concentration limit for hemp tinctures previously, but the proposed rule would set concentration and serving size limits for these products.
3. A committee member voiced concern about how the “container” based concentration limit would affect hemp businesses, as many hemp products have large container sizes.
You can also listen to the recorded meeting here.
Following this meeting, the OLCC will consider the RAC committee’s questions and recommendations before setting the date for the comment period's opening. We will continue to provide updates on the forthcoming comment period.
If you have any questions about these proposed rules, submitting comments, or how these regulations may impact your business operations, please contact us for a consultation today by calling 541-632-3946 or emailing info@earthlawllc.com. We are here to help your business succeed!
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