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General Market Hemp FAQ

This page 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 Hemp in the Adult Use Marijuana Market FAQs.

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.​


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.​


Beginning July 1, 2022, any hemp vape product sold in Oregon must pass compliance testing through an OLCC-licensed laboratory. Required tests include potency, pesticides, solvents (if the cannabinoids were extracted using solvents), and mycotoxins (if the hemp vape product was manufactured on or after July 1, 2022). Testing from an out-of-state lab or other third-party lab does not meet this requirement.

Any hemp vape product sold to a consumer must also comply with OLCC packaging and labeling requirements. This includes having certain required information on the label including the hemp symbol, warning statements, the name of the manufacturer, the test results for THC and CBD, the name of the laboratory that performed any test, and any test analysis date.

  • Hemp vape products that do not contain non-cannabis additives (flavorings or additives not derived from cannabis) may use a label that has been pre-approved by OLCC or a “generic label." A generic label cannot contain any logos, colors, or text beyond the label information required by OLCC rules.
  • Hemp vape products that contain non-cannabis additives (flavorings or additives not derived from cannabis) are also required to include detailed information about the ingredients in that additive. These products cannot use a generic label and must have their labels pre-approved by OLCC.​


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.​


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

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 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.​


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

You must immediately remove these products from your premises.​


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.​

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). You can also visit ODA's Hemp Testing webpage.​

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

The federal Alcohol and Tobacco Tax and Trade Bureau (TTB) considers CBD to be an ingredient not traditionally found in alcoholic beverages. As such, you must first obtain formula approval from the TTB prior to making an alcoholic beverage that contains CBD.

Currently, the TTB is not approving any formula that contains CBD. Therefore, you may not make an alcoholic beverage that contains CBD.

If you are already making, or have already made, an alcoholic beverage that contains CBD, you must stop making this product and remove all alcoholic beverages that contain CBD from your premises.​


No. OAR 845-006-0345 prohibits storing, transporting, selling, or offering to sell 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. ​

You can submit a Hemp Product Complaint Form


​

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, about THC and artificially derived cannabinoids in hemp products, or about hemp vape products, contact olcc.hemp@oregon.gov.​