ODA has filed temporary rules implementing HB 3000 that will remain in effect for 180 days (Jan 24, 2022).
Temporary Rules
The Temporary Rules ODA adopted on July 28, 2021 include:
Growers must report if they do not intend to plant at a registered location, or if there is any loss of all or part of a hemp crop.
Growers must provide documentation of destruction if a crop fails pre-harvest testing, is found to be growing presumptive marijuana, and ODA requires the grower to destroy the crop.
ODA will refuse to issue a registration if a person plants a hemp crop or commits a violation of hemp laws before applying for a grower registration. Growers can reapply if they destroy the crop and ODA determines the violation is corrected.
If a person plants or commits a violation of hemp statutes before being issued a hemp registration/license, ODA will:
prioritize that crop for inspection,
require the person enter into a corrective action plan, or
if they will not enter into the corrective action plan, ODA will not issue a registration, and
ODA may refuse to issue the registration if the corrective action plan is insufficient to address the violation.
ODA can revoke or deny a registration if a person violates a detainment order.
ODA can prohibit a grower from reapplying for a license for two (2) years if they violate hemp statutes, rules, or an order issued by ODA.
ODA can require growers to destroy their crop if the plants at a registered grow site are determined to be presumptive marijuana.
Reporting requirements
ODA has also updated program Reporting Requirements:
Within 48 hours:
Report to ODA the theft or loss of hemp or hemp items using the Hemp Crop Loss Report form.
Report by email or letter, any disciplinary proceeding or enforcement action by another government entity that may affect your business.
Within 10 days:
Report any temporary closures of more than 30 days or a permanent closure by email or letter.
Report changes to name, address, or telephone number using the Update Contact Information form.
Report changes in location or addition of a production area before planting using the Change of Status Report form.
Report changes in business structure using the Change of Status Report form.
Report decisions not to plant hemp in any production area using the Change of Status Report form.
Cannabis Waste and Failed Crop Dispoal Updates
ODA has a new process and a new Cannabis Waste and Disposal form. It is important that you follow the deadlines as required.
Cannabis waste (determined by grower)
Hemp growers must request ODA approval within 10 days of determining something is waste and at least seven (7) days before disposing of cannabis waste. Cannabis waste includes plants you determine have lost market value due to mold, pest, disease or that you otherwise do not intend to process, sell, or transfer.
Crop failure (determined by either failed preharvest testing or by ODA requirements under presumptive marijuana rules)
Hemp growers must request ODA approval at least seven (7) days before disposing of the failed crop.
Please contact our office (info@earthlawllc.com; 541-632-3946) to schedule a consultation with any questions about these temporary rules, new reporting requirements, or disposal options.