An official website of the State of Oregon
How you know »
(how to identify a Oregon.gov website)
An official website of the State of Oregon »
You are here:
The primary agency that regulates hemp in Oregon is the Oregon Department of Agriculture (ODA). Persons who want to grow or process hemp in Oregon must obtain the appropriate license with ODA. ODA is also responsible for the testing requirements that apply to most hemp items.
OLCC is responsible for some of the regulations that apply when hemp items are sold to consumers. OLCC sets limits on the amount of THC in hemp items, and on “artificially derived cannabinoids” (substances created synthetically from hemp or marijuana).
OLCC is also involved when the hemp interacts with Oregon’s licensed adult use marijuana market. OLCC issues certificates to ODA-licensed hemp growers and hemp handlers. These certificates give the hemp business a Metrc account so they can enter hemp products that they intend to transfer to OLCC marijuana licensees. OLCC also has requirements that apply to any hemp that enters an OLCC-licensed premises or is sold by an OLCC-licensed marijuana retailer. OLCC rules cover what each license type is allowed to do with hemp, and under what circumstances a marijuana producer can be on the same tax lot as a hemp grow.
Not necessarily. OLCC rules set limits on the total amount of THC that can be present in a “container" – basically a packaged unit of sale ready to be sold to a consumer. Except for topicals and tinctures, hemp cannabinoid products packaged for sale to consumers can have no more than 10 mg total THC per container. If the product has servings, it can also have no more than 1 mg total THC per serving. Hemp tinctures are limited to no more than 100 mg total THC per container. Products that exceed these limits cannot be transferred to OLCC licensees and cannot be sold to consumers by OLCC retailers. See OAR OAR 845-025-2760 for details.
There are also milligram limits for THC in certain hemp items sold to Oregon consumers in the general market, outside of the OLCC-licensed adult use marijuana system. See OARs OARs 845-026-0300 and -0400 for general market THC limits.
Hemp certificate holders receive an account in Metrc, the marijuana tracking system used in Oregon, and can enter any hemp items that will be transferred to OLCC licensees into their Metrc account. Any hemp inventory that is entered into Metrc must be stored at the Oregon facility that holds the OLCC hemp certificate until it is transferred or otherwise removed from the certificate holder's Metrc inventory.
After the hemp or hemp item is entered into Metrc, it must undergo certain required compliance testing prior to being transferred to an OLCC marijuana licensee. At minimum, it needs to pass a potency test to make sure it's below the THC thresholds for hemp items that OLCC licensees are allowed to receive. Additionally, it needs to pass compliance testing for any other test that would be required for the equivalent marijuana item under OAR Chapter 333 Division 7. These requirements are essentially the same as the compliance testing requirements for hemp and hemp items under ODA's rules for hemp growers and handlers. A test performed by an out-of-state lab, or any lab not licensed by OLCC, cannot satisfy this requirement. The sampling and testing has to be performed by an OLCC-licensed ORELAP-accredited lab, and the transfer of the samples and the test results are all recorded in Metrc. Testing performed prior to entering the hemp or hemp item into Metrc cannot satisfy this requirement.
After the item has been entered into Metrc and passed the required testing, it can be transferred to OLCC-licensed marijuana Wholesalers, Processors, and Retailers as allowed under the privileges of the hemp certificate. See the Division 25 rules for details. OAR 845-025-2700 through -2785 in particular deal specifically with hemp.
If a hemp handler certificate holder intends to transfer any finished consumer-ready goods to OLCC marijuana licensees, note that hemp products being sold in the OLCC system need to comply with OLCC packaging and labeling requirements (OAR 845-025-7000 through 7190). This includes having specific information about ingredients, test results, nutritional information, and specific symbols and warnings. Anything other than a “generic label" (a label with no graphics or logos that contains only the information required by rule) needs to receive pre-approval from OLCC. Additional information about the packaging and labeling pre-approval process can be found on our Packaging and Labeling Pre-Approval page.
After being entered into Metrc, any hemp or hemp item intended for transfer to an OLCC licensee must undergo compliance testing for potency as well as for any other test that would be required for the equivalent marijuana item under
OAR Chapter 333 Division 7. The Oregon Department of Agriculture has additional compliance testing rules that you should be familiar with as a licensed hemp grower or handler.
Compliance testing involves having an OLCC-licensed cannabis laboratory take representative samples from the entire batch being tested. R&D testing, where you select samples to send to the lab, does not qualify as compliance testing.
For the purposes of transferring products to OLCC marijuana licensees, the compliance testing must be done after the hemp or hemp item is entered into Metrc. Testing that was not recorded in Metrc cannot be used to transfer hemp or hemp items into the OLCC-regulated adult use marijuana system. A test performed by an out-of-state lab, or any lab not licensed by OLCC, cannot satisfy this requirement.
Both parties are responsible.
The ODA-licensed hemp handler with an OLCC certificate is responsible for requesting the appropriate testing on the hemp item. Hemp certificate holders are prohibited from transferring any item that exceeds the THC limits in OAR 845-025-2760 to an OLCC licensee. OLCC licensees are also prohibited from receiving hemp or hemp items that exceed these limits.
The certificate holder is responsible for confirming that the item is within the THC limits before manifesting it out, and the licensee is responsible for confirming the THC limits before accepting the transfer.
A .gov website belongs to an official government organization in the United States.
A lock icon ( ) or https:// means you’ve safely connected to the .gov website.
Only share sensitive information on official, secure websites.
Your browser is out-of-date! It has known security flaws and may not display all features of this and other websites. Learn how