justicedao/ipfs_state_laws huggingface dataset:
845-026-0220 Medical Marijuana Item Concentration Limits (1) The maximum concentration or amount of THC permitted in a container and the maximum concentration or amount of THC permitted in a serving of a medical marijuana item is listed in Table 2, incorporated by reference. (2) A medical marijuana item may not contain any artificially derived cannabinoids except as allowed by OAR 845-025-1310. (3) A cannabinoid edible must be scored. If the cannabinoid edible is not capable of being scored, the cannabinoid edible must be: (a) Sold and packaged with a measuring device that measures single servings; or (b) Placed in packaging that clearly enables a patient to determine when a single serving has been consumed, as that serving size is determined by the processor. (4) Serving size is determined by the processor and must comply with applicable serving size limits. (5) A medical marijuana item that does not fall within a category in Table 2 must meet the concentration and serving size limits applicable to a cannabinoid edible in Table 2. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 475C.017 & ORS 475C.620 Statutes/Other Implemented: ORS 475C.620 History: OLCC 7-2023, amend filed 11/17/2023, effective 01/02/2024 OLCC 23-2022, minor correction filed 03/07/2022, effective 03/07/2022 OLCC 9-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022
845-026-0300 Adult Use Cannabis Item (1) An industrial hemp commodity or product is an adult use cannabis item if it is a hemp item as defined in OAR 603-048-2310 and: (a) Contains 0.5 milligrams or more of: (A) Total delta-9-THC; (B) Any other tetrahydrocannabinol or tetrahydrocannabinolic acid, including delta-8-tetrahydrocannabinol; or (C) Any other cannabinoids advertised by the manufacturer or seller as having an intoxicating effect; (b) Contains any quantity of artificially derived cannabinoids; or (c) The testing done in accordance with ORS 571.330 or 571.339 was performed using a method with a LOQ that is not sufficient to demonstrate that the total delta-9-THC does not exceed 0.5 milligrams. (2) An adult use cannabis item cannot be sold or delivered to a person under 21 years of age, except by a marijuana retailer that holds a license issued under ORS 475C.097 and that is registered under ORS 475C.149 to sell or deliver marijuana items to a registry identification cardholder who is 18 years of age or older or as allowed under ORS 475C.770 to 475C.919. (3) Civil Penalties. The Commission may impose a civil penalty of no more than $10,000 for each violation of section (2) of this rule. Statutory/Other Authority: ORS 475C.017, ORS 475C.009 & ORS 475C.405 Statutes/Other Implemented: ORS 475C.017, ORS 475C.009 & 475C.213 History: OLCC 10-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022 OLCC 8-2021, temporary adopt filed 07/19/2021, effective 07/19/2021 through 12/31/2021
845-026-0415 Standards for Approving Industrial Hemp Products That Contain Artificially Derived Cannabinoids An industrial hemp product that contains an artificially derived cannabinoid may be approved on or after January 1, 2026, if: (1) The artificially derived cannabinoid: (a) Is not a controlled substance under OAR chapter 855, division 80; (b) Was manufactured in compliance with applicable laws relating to food safety; (c) In the Commission’s judgment, is not impairing or intoxicating at the intended concentration in the product; and (d) Has been reported as a naturally-occurring component of the plant Cannabis family Cannabaceae in at least three peer-reviewed publications. (2) The product is not intended for human inhalation; and (3) The manufacturer of the artificially derived cannabinoid: (a) Has made a “Generally Recognized as Safe” (GRAS) determination for the artificial cannabinoid; (b) Has received a Food and Drug Administration (FDA) letter responding to a “Generally Recognized as Safe” (GRAS) notice for the artificially derived cannabinoid manufactured by the same method that the manufacturer uses, affirming that FDA has no questions about the notice; or (c) Has received an FDA letter of acknowledgement with no objections in response to a New Dietary Ingredient notification for the artificially derived cannabinoid manufactured by the same method that the manufacturer uses. Statutory/Other Authority: ORS 475C.017, ORS 571.309 & 2024 OL Ch. 16 Sec. 9 Statutes/Other Implemented: ORS 571.309 & 2024 OL Ch. 16 Sec. 9 History: OLCC 9-2024, adopt filed 10/17/2024, effective 10/22/2024
845-026-5700 Industrial Hemp-derived Vapor Item Testing Requirements (1) A hemp vapor item manufacturer must comply with the Authority’s testing rules in OAR 333-007-0300 to 333-007-0490 and OAR 333, division 64 prior to the sale or transfer of an industrial hemp-derived vapor item, as specified in those rules. (2) The Commission may impose a civil penalty of up to $500 per day per violation for failure to comply with this rule unless the person is a hemp handler licensed under ORS 571.281. (3) This rule is effective on and after July 1, 2022. Statutory/Other Authority: ORS 475C.898 & ORS 475C.544 Statutes/Other Implemented: ORS 475C.898 & ORS 475C.544 History: OLCC 13-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022
845-026-5760 Audit, Compliance, and Random Testing of Industrial Hemp-derived Vapor Items (1) The Commission may require a hemp vapor item manufacturer to submit samples identified by the Commission of an industrial hemp-derived vapor item to a laboratory of the Commission's choosing to be tested in order to determine whether a hemp vapor item manufacturer is in compliance with the marijuana testing rules found in Chapter 333, Division 7 of the Oregon Administrative Rules or other rules of the Commission and may require additional testing that is not required by these rules. (2) A laboratory doing audit testing must comply with these rules, to the extent they are applicable, and if conducting testing not required by these rules, may only use Authority approved methods, unless otherwise authorized by the Commission. (3) The Commission may, at any time, require a hemp vapor item manufacturer to permit the sampling of or submit a sample of an industrial hemp-derived vapor item to the Commission for testing. Such testing may include testing for: (a) Any microbiological contaminant. (b) Heavy metals. (c) Other adulterants, pesticides, solvents, additives or contaminants that may pose a risk to public health and safety, or are prohibited by law. (4) A hemp vapor item manufacturer shall submit all samples required for testing under this rule within a timeframe established by the Commission. Statutory/Other Authority: ORS 475C.540 & ORS 475C.544 Statutes/Other Implemented: ORS 475C.540 & ORS 475C.544 History: OLCC 14-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022
845-026-5770 Audit, Compliance, and Random Testing of Industrial Hemp or Industrial Hemp Items (1) The Commission may require a person to submit samples identified by the Commission of industrial hemp or industrial hemp items to a laboratory of the Commission’s choosing to be tested in order to determine whether a person is in compliance with ORS 475C.213, ORS 475C.257, OAR 845-026-0300 to 845-026-0400 or any other rules of the Commission and may require additional testing that is not required by these rules. (2) A laboratory doing audit testing must comply with these rules, to the extent they are applicable, and if conducting testing not required by these rules, may only use Authority approved methods, unless otherwise authorized by the Commission. (3) A person shall submit all samples required for testing under this rule within a timeframe established by the Commission. Statutory/Other Authority: ORS 475C.540 & 475C.544 Statutes/Other Implemented: ORS 475C.540 & 475C.544 History: OLCC 15-2022, minor correction filed 02/25/2022, effective 02/25/2022 OLCC 21-2021, adopt filed 12/30/2021, effective 01/01/2022
845-026-6010 Fees The Commission shall charge the following non-refundable fees: (1) Hemp item registration: $400. (2) Hemp item registration renewal: $400. (3) Change to previously approved hemp item registration: $25. Statutory/Other Authority: 2024 OL Ch. 16 Sec. 11 & 2024 OL Ch. 16 Sec. 14a Statutes/Other Implemented: 2024 OL Ch. 16 Sec. 11 History: OLCC 7-2025, adopt filed 11/20/2025, effective 01/01/2026
845-026-6020 Scope and Effective Date (1) These rules do not apply to hemp items that: (a) Do not contain cannabinoids; (b) Are intended only for topical use; (c) Are an industrial hemp grain or fiber product that does not contain added cannabinoids; (d) Are a commercial feed product for animals registered under ORS 633.006 to 633.089; or (e) Are transported through this state en route to a final destination in another state. (2) These rules become effective on January 1, 2026. (3) Registration applications may be submitted on and after January 1, 2026. Statutory/Other Authority: 2024 OL Ch. 16 Sec. 11 & 2024 OL Ch. 16 Sec. 14a Statutes/Other Implemented: 2024 OL Ch. 16 Sec. 11 & 2024 OL Ch. 16 Sec. 12 History: OLCC 7-2025, adopt filed 11/20/2025, effective 01/01/2026
845-026-6040 Usable Hemp Labeling Requirements Prior to selling, transferring, or delivering usable hemp to a consumer or retailer, the responsible party must label the container holding the usable hemp with following information: (1) Manufacturer’s business or trade name and, if applicable, ODA hemp grower license number. (2) Business or trade name of the person that packaged the hemp item, if different from the manufacturer. (3) Batch number. (4) Date of harvest. (5) Name of strain. (6) Net weight in grams and ounces. (7) For pre-rolled usable hemp, weight of usable hemp used in the product in grams, excluding the weight of the rolling paper and the filter or tip. (8) Concentration of total THC and total CBD expressed as a percentage on a dry weight basis as reported by the laboratory that tested the batch. (9) If other cannabinoids are present, cannabinoids expressed as a percentage on a dry weight basis as reported by the laboratory that tested the batch. (10) Hemp symbol. (11) Product identity. (12) The address of a publicly accessible website that would enable a reasonable person to reliably locate the certificate of analysis for the specific batch of the hemp item in the container. (13) For usable hemp that is an adult use cannabis item: (a) A warning that states: “For use only by adults 21 and older. Keep out of reach of children.” (b) Warnings that state the following or provide similar wording that expresses the same facts: (A) “This product may impair the ability to drive or operate heavy machinery.” (B) “This product is derived from hemp and may contain THC.” (C) “Do not consume during pregnancy or while breastfeeding.” (D) “Keep out of reach of pets.” (14) For usable hemp that is not an adult use cannabis item: (a) The following statement or similar wording that expresses the same facts: “Children or those who are pregnant or breastfeeding should avoid using the product prior to consulting with a health care professional about its safety.” (b) The following warning or similar wording that expresses the same facts: “This product contains cannabinoids. Keep out of reach of children and pets.” Statutory/Other Authority: 2024 OL Ch. 16 Sec. 11, 2024 OL Ch. 16 Sec. 12 & 2024 OL Ch. 16 Sec. 14a Statutes/Other Implemented: 2024 OL Ch. 16 Sec. 11 & 2024 OL Ch. 16 Sec. 12 History: OLCC 7-2025, adopt filed 11/20/2025, effective 01/01/2026
845-026-6060 Hemp Concentrate and Extract Labeling Requirements Prior to selling, transferring, or delivering a hemp concentrate or extract to a consumer or retailer, the responsible party must label the container holding the concentrate or extract with the following information: (1) Manufacturer’s business or trade name and, if applicable, ODA hemp handler license number. (2) Business or trade name of the person that packaged the hemp item, if different from the manufacturer. (3) Batch number. (4) Product identity that correctly identifies the item as either a concentrate or extract. (5) Date the concentrate or extract was made. (6) Net weight or volume in U.S. customary and metric units. (7) Serving size and number of servings per container. (8) Amount, in milligrams, of total THC and total CBD in each serving and in the container as reported by the laboratory that tested the batch. (9) If other cannabinoids are present, the amount in milligrams of cannabinoids in each serving and in the container as reported by the laboratory that tested the batch. (10) Activation time, expressed in words or through a pictogram. (11) Hemp symbol. (12) The address of a publicly accessible website that would enable a reasonable person to reliably locate the certificate of analysis for the specific batch of the hemp item in the container. (13) For hemp concentrates and extracts that are adult use cannabis items the following statement or similar wording that expresses the same facts: “This product is not approved by the FDA to treat, cure, or prevent any disease.” (14) For hemp concentrates and extracts that are adult use cannabis items: (a) A warning that states: “For use only by adults 21 and older. Keep out of reach of children.” (b) Warnings that state the following or provide similar wording that expresses the same facts: (A) “This product may impair the ability to drive or operate heavy machinery.” (B) “This product is derived from hemp and may contain THC.” (C) “Do not consume during pregnancy or while breastfeeding.” (D) “Keep out of reach of pets.” (E) “DO NOT EAT” in bold, capital letters. (15) For hemp concentrates and extracts that are not adult use cannabis items, the following statements or similar wording that expresses the same facts: (a) “This product is not approved by the FDA to treat, cure, or prevent any disease.” (b) “Children or those who are pregnant or breastfeeding should avoid using the product prior to consulting with a health care professional about its safety.” (16) For hemp concentrates and extracts that are not adult use cannabis items, the following warning or similar wording that expresses the same facts: (a) “This product contains cannabinoids. Keep out of reach of children and pets.” (b) “DO NOT EAT” in bold, capital letters. Statutory/Other Authority: 2024 OL Ch. 16 Sec. 11, 2024 OL Ch. 16 Sec. 12, 2024 OL Ch. 16 Sec. 14a & ORS 475C.604 Statutes/Other Implemented: 2024 OL Ch. 16 Sec. 11, 2024 OL Ch. 16 Sec. 12 & ORS 475C.604 History: OLCC 7-2025, adopt filed 11/20/2025, effective 01/01/2026
845-026-6070 Hemp Tincture and Capsule Labeling Requirements Prior to selling, transferring, or delivering a hemp tincture or capsule to a consumer or retailer, the responsible party must label the container holding the tincture or capsule with the following information: (1) Manufacturer’s business or trade name, place of address and, if applicable, ODA hemp handler license number. (2) Business or trade name and place of address of the person that packaged the hemp item, if different from the manufacturer. (3) Product identity. (4) Batch number. (5) Date the product was made. (6) Net weight or volume in U.S. customary and metric units. (7) Serving size and number of servings per container. (8) Amount, in milligrams, of total THC and total CBD in each serving and in the container as reported by the laboratory that tested the batch. (9) If other cannabinoids are present, the amount in milligrams of cannabinoids in each serving and in the container as reported by the laboratory that tested the batch. (10) List of all ingredients in descending order of predominance by weight or volume used to process the hemp tincture or capsule. (11) Hemp symbol. (12) Activation time expressed in words or through a pictogram. (13) The address of a publicly accessible website that would enable a reasonable person to reliably locate the certificate of analysis for the specific batch of the hemp item in the container. (14) For hemp tinctures and capsules that are adult use cannabis items, the following statement or similar wording that expresses the same facts: “This product is not approved by the FDA to treat, cure, or prevent any disease.” (15) For hemp tinctures and capsules that are adult use cannabis items: (a) A warning that states: “For use only by adults 21 and older. Keep out of reach of children.” (b) Warnings that state the following or provide similar wording that expresses the same facts: (A) “This product is derived from hemp and may contain THC.” (B) “This product may impair the ability to drive or operate heavy machinery.” (C) “BE CAUTIOUS” in bold, capital letters, followed by “Hemp cannabinoid products can take up to 2 hours or more to take effect.” (D) “Do not consume during pregnancy or while breastfeeding.” (E) “Keep out of reach of pets.” (16) For hemp tinctures and capsules that are not adult use cannabis items, the following statements or similar wording that expresses the same facts: (a) “This product is not approved by the FDA to treat, cure, or prevent any disease.” (b) “Children or those who are pregnant or breastfeeding should avoid using the product prior to consulting with a health care professional about its safety.” (17) For hemp tinctures and capsules that are not adult use cannabis items, the following warning or similar wording that expresses the same facts: “This product contains cannabinoids. Keep out of reach of children and pets.” Statutory/Other Authority: 2024 OL Ch. 16 Sec. 11, 2024 OL Ch. 16 Sec. 12 & 2024 OL Ch. 16 Sec. 14a Statutes/Other Implemented: 2024 OL Ch. 16 Sec. 11 & 2024 OL Ch. 16 Sec. 12 History: OLCC 7-2025, adopt filed 11/20/2025, effective 01/01/2026
845-026-6090 Artificially Derived Cannabinoid Labeling Prior to selling, transferring, or delivering a hemp item that contains an artificially derived cannabinoid allowed by OAR 845-026-0415, the responsible party must ensure the label complies with these additional requirements: (1) In addition to the requirements of OAR 845-026-6000 through 845-026-6100, the product identity clearly identifies that the hemp item contains an artificially derived cannabinoid and includes the words “artificially derived cannabinoid.” (2) The ingredient listing identifies any artificially derived cannabinoid by its full name and the words “artificially derived” are used in the description of the specific ingredient. Statutory/Other Authority: 2024 OL Ch. 16 Sec. 11, 2024 OL Ch. 16 Sec. 12 & 2024 OL Ch. 16 Sec. 14a Statutes/Other Implemented: 2024 OL Ch. 16 Sec. 11 & 2024 OL Ch. 16 Sec. 12 History: OLCC 7-2025, adopt filed 11/20/2025, effective 01/01/2026
845-026-6105 Hemp Registry & Labeling Prohibited Conduct (1) It is a violation for any person responsible for the manufacture, packaging or distribution of hemp items, or their employees, representatives or agents, to fail to comply with any provision or commit a violation of 2024 Oregon Laws chapter 16, sections 11, 12, or 13 or these rules. (2) A person may not sell, transfer, or deliver to a consumer in this state a hemp item: (a) That is not registered in accordance with these rules. (b) That is not labeled in accordance with these rules. (c) That contains untruthful or misleading information on the container or label. (d) That is adulterated. (e) That does not meet relevant minimum standards provided by the laws of this state, including but not limited to, the requirements of these rules. (3) A person may not sell, transfer, or deliver to a retailer in this state for the purpose of sale to a consumer in this state a hemp item that is not registered or labeled in accordance with these rules. Statutory/Other Authority: 2024 OL Ch. 16 Sec. 11, 2024 OL Ch. 16 Sec. 12, 2024 OL Ch. 16 Sec. 14 & 2024 OL Ch. 16 Sec. 14a Statutes/Other Implemented: 2024 OL Ch. 16 Sec. 11 & 2024 OL Ch. 16 Sec. 12 History: OLCC 7-2025, adopt filed 11/20/2025, effective 01/01/2026
845-026-6110 Hemp Registry Civil Penalties (1) For each violation of a provision of 2024 Oregon Laws chapter 16, sections 11, 12, or 13, or these rules, the Commission may impose a civil penalty of up to $10,000 per violation. (a) Each violation of a provision of 2024 Oregon Laws chapter 16, sections 11, 12, or 13, or these rules is a separate violation. (b) Each unit of sale sold, offered for sale, transferred or delivered in violation of a rule or statute constitutes a separate violation. (c) Civil penalties are assessed as follows: (A) Except as provided in paragraphs (B) to (E) of this subsection, violations of OAR 845-026-6000 to 845-026-6120 will be assessed up to $500 per violation with an overall cap of $10,000 for all violations charged concurrently in a single notice. (B) Violations of OAR 845-026-6030(3)(a) will be assessed up to $1,000 per violation with an overall cap of $50,000 for all violations charged concurrently in a single notice. (C) Knowing violations of OAR 845-026-6030(3)(a) will be assessed up to $2,000 per violation with an overall cap of $100,000 for all violations charged concurrently in a single notice. (D) Notwithstanding paragraphs (A) to (C) of this subsection, the following are assessed up to $5,000 per violation with an overall cap of $500,000 for all violations that are charged concurrently in a single notice: (i) Violations that create a present or substantial likelihood of a threat to public health or safety. (ii) Violations of OAR 845-026-6120. (E) If a person has within the previous two years been assessed a civil penalty for any violation of 2024 Oregon Laws chapter 16, sections 11, 12, or 13 or these rules, the Commission may assess the maximum of $5,000 per violation with an overall cap of double the overall cap amounts described in paragraphs (A) to (D) of this subsection for all violations charged concurrently in a single notice. (F) The Commission may consider mitigating or aggravating factors to assess a lesser or greater civil penalty. Mitigating factors may decrease the civil penalty but will not dismiss the violation. The Commission may decrease or increase a civil penalty to prevent inequity or to take account of particular circumstances in the case. (2) OAR chapter 845, division 3 applies to any contested case conducted relating to a matter under these rules. Statutory/Other Authority: 2024 OL Ch. 16 Sec. 11, 2024 OL Ch. 16 Sec. 12, 2024 OL Ch. 16 Sec. 14 & 2024 OL Ch. 16 Sec. 14a Statutes/Other Implemented: 2024 OL Ch. 16 Sec. 11 & 2024 OL Ch. 16 Sec. 12 History: OLCC 7-2025, adopt filed 11/20/2025, effective 01/01/2026