333-007-0320 Compliance Testing Requirements for Marijuana or Usable Marijuana (1) A producer or grower must test every batch from a harvest lot of marijuana or usable marijuana intended for use by a consumer or patient prior to selling or transferring the marijuana or usable marijuana for the following: (a) Pesticides in accordance with OAR 333-007-0400. (b) Water activity and moisture content in accordance with OAR 333-007-0420. (c) Adult use cannabinoid and CBD concentration in accordance with OAR 333-007-0430. (d) Heavy metals in accordance with OAR 333-007-0415 if the marijuana or usable marijuana is or was harvested on or after March 1, 2023. (e) Mycotoxins in accordance with OAR 333-007-0425 if the marijuana or usable marijuana is or was harvested on or after July 1, 2022. (f) Microbiological contaminants in accordance with OAR 333-007-0390 if the marijuana or usable marijuana is or was harvested on or after March 1, 2023. (2) A producer or grower must test every batch from a harvest lot of marijuana or usable marijuana harvested before March 1, 2023, intended for use by a processor or processing site in making a cannabinoid concentrate, extract, or finished inhalable cannabinoid product for water activity and moisture content in accordance with OAR 333-007-0420 unless the processor or processing site uses a method of processing that results in effective sterilization. (3) A producer or grower must test every batch from a harvest lot of marijuana or usable marijuana intended for use by a processor or processing site in making a cannabinoid product, except for a finished inhalable cannabinoid product, for the following: (a) Pesticides in accordance with OAR 333-007-0400. (b) Water activity and moisture content in accordance with OAR 333-007-0420 unless the processor or processing site uses a method of processing that results in effective sterilization. (c) Heavy metals in accordance with OAR 333-007-0415 if the marijuana or usable marijuana is or was harvested on or after March 1, 2023. (d) Mycotoxins in accordance with OAR 333-007-0425 if the marijuana or usable marijuana is or was harvested on or after July 1, 2022. (e) Microbiological contaminants in accordance with OAR 333-007-0390 if the marijuana or usable marijuana is or was harvested on or after March 1, 2023. (4) In lieu of ordering and arranging for the sampling and testing required in this rule a producer may transport batches of marijuana or usable marijuana to a wholesaler licensed by the Commission under ORS 475C.093 and the wholesaler may order and arrange for the sampling and testing of the batches, in accordance with rules established by the Commission. (5) A marijuana producer must test every batch from a harvest lot of marijuana or usable marijuana harvested before March 1, 2023 intended to produce kief for water activity prior to producing the kief unless the producer tests the kief for water activity per OAR 333-007-0420. Statutory/Other Authority: ORS 475C.544 Statutes/Other Implemented: ORS 475C.544 History: 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 9-2017, f. 5-26-17, cert. ef. 5-31-17 PH 38-2016(Temp), f. 12-13-16, cert. ef. 12-15-16 thru 5-30-17 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