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"Presumptive Marijuana" Testing Temporary Rule Enacted by OLCC


"Presumptive Marijuana" Testing Temporary Rule Enacted by OLCC

OLCC Temporary Rule Effective 05/17/2024 THROUGH 11/12/2024


The Oregon Liquor and Cannabis Commission (OLCC) issued a new temporary rule effective from May 17, 2024, through November 12, 2024. This rule details the procedures and requirements for presumptive testing of hemp crops.


2024 Hemp Implementation Overview:

"Presumptive Marijuana" Testing Rule Reenacted


Section 2 of 2024 House Bill 4121 directed the OLCC to reestablish a clear methodology to distinguish between marijuana and industrial hemp. This is required to meet the specifications outlined in sections 1, 4, 5, and 6 of the 2024 Act. The methodology involves specific testing criteria and cannabinoid concentration thresholds that determine whether an immature or mature cannabis plant is considered marijuana.


This temporary rule essentially re-implements the framework that was initially put in place by Section 41a of House Bill 3000 (2021). The original rule which provided the necessary guidelines for presumptive marijuana testing was adopted by the OLCC as OAR 845-026-4100. However, this rule was repealed on January 2, 2024, following the repeal of the HB 3000 statutry authority on January 1, 2024.


Key Provisions of the OLCC Temporary Rule:


The reimplementation brings back substantially the same provisions as the previous rule, OAR 845-026-4100, for the presumptive testing of hemp crops. These provisions will facilitate the updated regulation of hemp during the 2024 growing season to differentiate whether crops are grown in compliance with current law.


We encourage all licensees to stay informed and compliant by following the latest updates from the OLCC. For more information on OLCC Rulemaking: OLCC.rulemaking@oregon.gov


What This Means for Hemp Growers: Watch out for Enforcement Actions!


For hemp growers, reinstatement of these provisions means that the agencies are equipped with the same enforcement authority they have had since the 2021 production season. Please ensure your hemp farm operates smoothly within the legal boundaries to avoid any enforcement actions, crop destruction, and program violations!


Hemp growers, please familiarize yourselves with these procedures to ensure your operations meet the required standards throughout the 2024 growing season.


For compliance questions, more details on requirements for growing and harvesting hemp in Oregon this 2024 production season, or updates on hemp regulation, schedule a consultation with our team at EARTH Law, LLC for expert guidance and support. You can contact us by email at info@earthlawllc.com or by telephone at 541-632-3946. 


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