333-007-0430 Standards for Adult Use Cannabinoid and CBD Compliance Testing (1) A laboratory must test for all of the following analytes when testing a marijuana item or industrial hemp-derived vapor item for potency: (a) Delta-9-THC. (b) Delta-9-THCA. (c) Delta-8-THC. (d) CBD. (e) CBDA. (2) A process lot of a cannabinoid concentrate, extract, product, finished inhalable cannabinoid product, or industrial hemp-derived vapor item fails potency testing if, based on an initial test where no reanalysis is requested or upon reanalysis as described in OAR 333-007-0450(1): (a) The amount of delta-8-THC, total delta-9-THC or total CBD, as calculated pursuant to OAR 333-064-0100, between the primary sample and the duplicate sample exceeds 10 percent RPD or between the primary sample, duplicate sample and any replicate samples exceeds 10 percent RSD; or (b) The amount or percentage of delta-8-THC, total delta-9-THC, as calculated pursuant to OAR 333-064-0100, exceeds the maximum concentration limits permitted in a package by over 10 percent as specified in the Oregon Liquor and Cannabis Commission’s concentration limit rules in OAR chapter 845, division 26, as applicable. (3) Notwithstanding subsection (2)(a) of this rule: (a) A cannabinoid product that has less than 5 mg of total delta-9-THC per unit of sale as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule. (b) A cannabinoid product that has less than 10 mg of total CBD per unit of sale as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule. (c) A cannabinoid product that has less than 5 mg of delta-8-THC per unit of sale as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule. (d) A cannabinoid concentrate, extract, finished inhalable cannabinoid product, or industrial hemp-derived vapor item that has less than 5 mg total delta-9-THC per gram as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule. (e) A cannabinoid concentrate, extract, finished inhalable cannabinoid product, or industrial hemp-derived vapor item that has less than 10 mg total CBD per gram as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule. (f) A cannabinoid concentrate, extract, finished inhalable cannabinoid product, or industrial hemp-derived vapor item that has less than 5 mg delta-8-THC per gram as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: PH 47-2024, minor correction filed 05/23/2024, effective 05/23/2024 PH 6-2024, amend filed 03/20/2024, effective 04/01/2024 PH 24-2022, amend filed 03/15/2022, effective 03/31/2022 PH 95-2021, amend filed 12/29/2021, effective 01/01/2022 PH 89-2020, amend filed 12/30/2020, effective 01/01/2021 PH 282-2018, amend filed 12/20/2018, effective 01/01/2019 PH 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 35-2016(Temp), f. & cert. ef. 12-2-16 thru 5-30-17 PH 21-2016, f. 6-24-16, cert. ef. 6-28-16 PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16