Public Comment for Permanent Rule Amending OAR 333-064-0100 until December 22, 2025
ORELAP is proposing to permanently amend OAR 333-064-0100 to correct an error that occurred during a statutory minor correction (SMC) filed on April 21, 2025, to correct the outlining of the rule text. The SMC filing removed the link to view attachments referenced in the rule text because the attachments were not included when the SMC was filed on April 21, 2025. The three attachments referenced in OAR 333-064-0100 are Usable Marijuana: ORELAP-SOP-001 Rev 4.1; Concentrates, Extracts, Products, and Industrial Hemp-derived Vapor Items: ORELAP-SOP-002 Rev 4.3; and Exhibit C, Table 1: Accuracy requirements for laboratory control samples (LCS). This rulemaking reattaches the versions of the documents in effect at the time of the last permanent rulemaking filed on July 9, 2024 and effective July 23, 2024. No changes are being made to the rule test in OAR 333-064-0100 or to the three attachments.
Written comments may be submitted before 5:00 P.M. Pacific Time on December 22, 2025:
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon St. Suite 930
Portland, OR 97232
*Comments sent by regular mail must be postmarked by 5:00 P.M. Pacific Time on December 22, 2025.
*Send comments by fax to 971-673-1299
Final rules will be filed after consideration of all comments. If you have any questions or would prefer a hardcopy of the Notice of Proposed Rulemaking be sent, please contact publichealth.rules@odhsoha.oregon.gov
Temporary Rule Amending OAR 333-064-0100 Filed on September 23, 2025
The temporary rule amending OAR 333-064-0100 corrects an error that occurred during a statutory minor correction (SMC) filed on April 21, 2025. The temporary rule reattaches the link to view attachments referenced in the rule text. The three attachments referenced in OAR 333-064-0100 are Usable Marijuana: ORELAP-SOP-001 Rev 4.1; Concentrates, Extracts, Products, and Industrial Hemp-derived Vapor Items: ORELAP-SOP-002 Rev 4.3; and Exhibit C, Table 1: Accuracy requirements for laboratory control samples (LCS). No changes were made to the attachments referenced in the rule text. This temporary rule is effective September 23, 2025 through March 21, 2026.
Statutory Minor Correction (SMC) To OAR 333-064-0100(3)(b) Filed on April 21, 2025
A SMC was made because the rule reference (A) appeared twice. This correction changed the rule reference from (A) (A) (B) to (A) (B) (C).
Permanent Rule Changes To OAR 333 Division 64 Effective July 23, 2024
Changes to OAR chapter 333, division 64 will include small housekeeping fixes to clarify existing language as well as more substantial changes, outlined in the following summary. A requirement that laboratories obtain and maintain a license from Oregon Psilocybin Services for psilocybin testing laboratories and the Oregon Liquor and Cannabis Commission (OLCC) for cannabis testing laboratories as criteria for maintaining accreditation has been added. This will clearly define ORELAP's responsibility to accredit laboratories to those performing compliance testing as required by statute. Information on testing of infused pre-roll joints previously communicated to the cannabis industry in OLCC Guidance Bulletin CE2023-01 are being permanently incorporated into rule. Minimum sample material retention for thirty days has been proposed for cannabis testing laboratories to ensure material is retained long enough for retesting when needed. New details on how to report proficiency testing (PT) results have been added including maximum limits of quantitation (LOQs) for PTs based on existing LOQs for compliance samples. This will aid laboratories by clarifying what to report to PT providers. A requirement for mycotoxin PT samples to be in a usable marijuana matrix is effective August 1, 2024 because mycotoxins are impacted similarly to how pesticides are influenced by the cannabis matrix. New language describing prohibitions for psilocybin laboratories on accepting psilocybin samples from unlicensed entities has been drafted. This is because ORS chapter 475A does not allow for individuals to cultivate or manufacture their own psilocybin products.
Permanent Rule Changes to OAR 333 Division 64 Effective December 27, 2022
New rules have been established for the accreditation of psilocybin testing laboratories. These new rules were adopted to fulfill ORELAP's responsibility to accredit psilocybin testing laboratories required in ORS 475A.590 to 475A.622. These rules also support the Oregon Psilocybin Services Program rules found in OAR 333-333-7010 to 333-333-7150. The rules include new sections covering sampling, testing, and reporting. Also included are rules on psilocybin laboratory enforcement. There is a new sampling protocol for psilocybin products. The rule language includes several new terms which have important definitions. In addition, many editorial changes were made to other sections of the rules. For more information, review the full rule text below.
Permanent Rule Changes to OAR 333 Division 64 Effective July 15, 2022
New rules affecting the accreditation fee schedule are now effective. These are the fees paid by participating laboratories and form the base of ORELAP's funding. Many of the accreditation fees are increasing, while the additional matrix assessment fees are staying the same, and the in-state trip fee is going away entirely. These rule changes are the conclusion of a multi-year study analyzing ORELAP's fiscal needs and exploring possible funding scenarios. Many of these fees have not been increased since the program's establishment in 1999, and laboratories may expect to see significant increases in their annual application and assessment fees. For more information, please see the links below.
Permanent Rule Changes to OAR 333 Division 7 and 64 Effective March 31, 2022
New rules are in effect for accreditation of Cannabis laboratories. Changes were made in Oregon Administrative Rules Chapter 333, Division 7 and 64 to address concerns raised during the 2019 Secretary of State audit of the Cannabis programs. ORELAP-SOP-001, Revision 4.1 will become effective July 1, 2022. ORELAP-SOP-002, Revision 4.3 will become effective March 31, 2022. There are three implementation dates for these rules, to allow a "phase in" period.