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CBD & Alcohol

Executive Director's Message

What's Legal

What's Legal - A CBD Quick Guide for Consumers


For Consumers

 

Frequently Asked Questions

This section includes answers to frequently asked questions about hemp products that contain CBD or other cannabinoids and are sold outside of the OLCC-licensed adult use marijuana system. This information applies to businesses that hold OLCC-issued alcohol licenses, OLCC retail sales agents (liquor stores), and other retail businesses. In this FAQ, “retail business" refers to any business that sells products to consumers in Oregon, regardless of whether they hold an OLCC-issued alcohol license. It does not include OLCC-licensed marijuana businesses.

For frequently asked questions about hemp in Oregon's adult use marijuana system, see the Marijuana program's Hemp FAQs.


You must immediately stop selling, serving, and distributing these products.

You must immediately remove these products from your premises.​

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No. OAR 845-006-0345 prohibits the sale of any alcoholic beverages that contain cannabinoids unless the cannabinoids have been approved for use in alcoholic beverages by the Alcohol and Tobacco Tax and Trade Bureau (TTB). Currently, the TTB is not approving any formula that contains CBD. Therefore, you may not sell an alcoholic beverage that contains CBD.​

These products cannot be sold to consumers. You should either remove them from the premises or contact the manufacturer to obtain a Certificate of Analysis (COA) for each product showing that the product meets the following testing requirements:

  • The source of the CBD or other cannabinoids is hemp and not marijuana;
  • The hemp product was properly tested for potency, and for pesticides and solvents if applicable, according to the ODA rules (see OAR 603-048-1500);
  • The hemp product does not contain more than 0.3% total THC;
  • If the hemp product will be sold to minors under 21 years of age, the product contains less than 0.5 milligrams of THC and does not contain artificially derived cannabinoids; and
  • If the hemp product will be sold to adults age 21 and over after July 1, 2022, the product contains an amount of THC allowed under OAR 845-026-0400 and does not contain artificially derived cannabinoids.​

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You should be able to obtain a COA from the vendor who sold you the product or from the manufacturer of the product. ​

These products are allowed to be sold to consumers as long as:

  • The source of the CBD or other cannabinoids is hemp and not marijuana;
  • The hemp product was properly tested for potency, and for pesticides and solvents if applicable, according to the ODA rules (see OAR 603-048-1500);
  • The hemp product does not contain more than 0.3% total THC;
  • If the hemp product will be sold to minors under 21 years of age, the product contains less than 0.5 milligrams of THC and does not contain artificially derived cannabinoids; and
  • If the hemp product will be sold to adults age 21 and over after July 1, 2022, the product contains an amount of THC allowed under OAR 845-026-0400 and does not contain artificially derived cannabinoids.

Note that additional requirements will apply to cannabinoid hemp vape products beginning July 1, 2022.​


You may contact the lab that generated the COA. ​

It depends. Certain hemp products are “adult use cannabis items" and can only be sold to adults age 21 and over. A hemp product can only be sold to a minor under 21 years of age if:

  • The product does not contain more than 0.3% total THC;
  • The entire product contains less than 0.5 milligrams of total THC, or other THC isomers;
  • The testing was sufficiently sensitive to show that the product contains less than 0.5 milligrams of total THC; and
  • The product does not contain any artificially derived cannabinoids.​


Basically, an artificially derived cannabinoid is a substance made synthetically from a cannabis-derived starting material. For example, if a business takes CBD extracted from hemp and chemically converts it into delta-8-THC, that delta-8-THC is an artificially derived cannabinoid.

For the full definition, see OAR 845-026-0100.​


Many artificially-derived cannabinoids do not occur naturally in hemp, or occur in such trace amounts that extracting and purifying them at scale is not practical. The following substances are typically artificially derived:

  • Delta-8-THC
  • Delta-10-THC
  • “THCO" (delta-8-THC-O-acetate or delta-9-THC-O-acetate)
  • HHC (hexahydrocannabinol)
  • HHCO (hexahydrocannabinol-O-acetate)
  • Delta-8-THCV

CBN is another substance that is often made as an artificially-derived cannabinoid. While it can occur naturally, manufacturers indicate that purified CBN being added to hemp products is more commonly created synthetically from CBD.

When in doubt, you can contact the manufacturer to find out whether their products are made with artificially derived cannabinoids.​


No. ODA testing rules for cannabinoid hemp products require that the finished product sold to a consumer must undergo compliance testing. In this case, the finished product is the mixed drink, which cannot be sold because it does not comply with the ODA's testing requirements. You may sell the CBD beverage by itself to a consumer as long as it complies with the testing requirements and THC limits, but you cannot mix it with other ingredients and sell the mixed drink.​

You may contact an approved lab in Oregon. If you have questions about what testing is required, you should contact the Oregon Department of Agriculture (hemp@oda.oregon.gov).​

The Oregon Environmental Laboratory Accreditation Program maintains a list of accredited cannabis testing laboratories.​

The U.S. Food and Drug Administration (FDA) has determined that all CBD products intended for human consumption sold through interstate commerce are unlawful under federal law. As such, you may not import into Oregon an alcoholic beverage that contains CBD.

If you have already imported into Oregon an alcoholic beverage that contains CBD, you must remove all alcoholic beverages that contains CBD from your premises.​


If the product involves an alcoholic beverage, contact the OLCC at: olcc.alcohol@oregon.gov​

If the product does not involve an alcoholic beverage, contact the Oregon Department of Agriculture (ODA) at: hemp@oda.oregon.gov or https://oda.direct/hemp​

The OLCC does not directly regulate your business, however, hemp products that you sell to consumers must comply with OLCC rules about THC and artificially derived cannabinoids in hemp products, including rules about selling hemp products to minors. See OARs 845-026-0300 and 845-026-0400.

For general questions related to non-alcoholic beverage products that contain or are marketed as containing CBD, contact the Oregon Department of Agriculture (ODA) at: hemp@oda.oregon.gov or https://oda.direct/hemp

For questions related to OLCC rules about selling hemp products to minors, and about THC and artificially derived cannabinoids in hemp products, contact olcc.hemp@oregon.gov ​