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Selling Hemp in Oregon

There are three main categories of hemp products:

  • Grain: Products made from hemp seeds. This includes hemp hearts, hemp milk, hemp protein, hemp seed oil, etc.
  • Fiber: Products made from hemp stalks. This includes textiles, clothing, rope, paper, and industrial materials made from hemp fiber.
  • Cannabinoid hemp: Products containing cannabinoids from hemp. This includes smokable hemp flower; hemp concentrates, extracts, and vape products; and edibles, tinctures, and topicals made with cannabinoids derived from hemp. CBD products are the most common cannabinoid hemp products.
This page focuses specifically on requirements for selling cannabinoid hemp to consumers in Oregon. For information about selling hemp grain and fiber products, as well as additional information about selling cannabinoid hemp products, check with the Oregon Department of Agriculture (ODA).

In Oregon, ODA generally requires that businesses hold a hemp vendor license to distribute or sell cannabinoid hemp products. Other kinds of licenses may also be required depending on the types of products that the business sells:

  • Food Safety License: If you are selling any products that will be consumed by mouth (hemp gummies, tinctures, etc.), you likely need to have a Food Safety license from the ODA. For more information about Food Safety licenses, visit the ODA Food Safety webpage.
  • Tobacco Retail License: If you are selling hemp vape products, you will likely need to have a Tobacco Retail License from the Oregon Department of Revenue (DOR). This license is required for anyone selling “inhalant delivery systems” as defined ORS 431A.175, which includes cannabinoid vaping cartridges and devices. Some parts of the state have local tobacco licensing programs and do not require a DOR Tobacco Retail License. This requirement does not apply to OLCC-licensed marijuana Retailers selling vape products. For more information, see the DOR Tobacco Retail License webpage.
  • Other local licensing: Cities and counties may require additional licensing for certain business activities. Consult your local city or county.

Requirements for selling hemp items to consumers are slightly different for OLCC-licensed marijuana retailers than for general market retailers. 

​Product Registration
Beginning in 2026, most cannabinoid hemp products (other than topical-only products) must be registered with OLCC and comply with OLCC labeling requirements to be eligible for sale to consumers in Oregon. Businesses can search the registry to confirm whether a product is registered and when the registration expires. For more information, see the OLCC Hemp Registry and Labeling page.


Licensing Requirements
A lice​nse from the ODA hemp program is required to sell or distribute cannabinoid hemp products in Oregon. See the ODA Hemp Program website for details.


Testing Requirements
Any cannabinoid hemp product intended for human consumption (inhaled, eaten, or applied topically) must undergo compliance testing before being sold, and the retailer selling the item must have a copy of these compliance test results. If the retailer does not have a copy of the test results, the item cannot be sold.

​If the product was manufactured in Oregon, the required testing must be conducted by an OLCC-licensed laboratory. If the product was manufactured outside of Oregon, the required testing may be conducted by a laboratory accredited to the same or more stringent standards as an OLCC-licensed laboratory, or by an OLCC-licensed laboratory.[SC1.1] In either case, the testing needs to meet the requirements in Oregon laws and rules.

Age Restrictions
Certain cannabinoid hemp products cannot be sold to a minor under 21 years of age. A product can only be sold to a minor if:
  • ​​​It contains less than 0.5 mg total THC in the entire unit of sale;
  • The compliance testing was sensitive enough to demonstrate that the product contains less than 0.5 mg total THC;
  • The product does not contain any artificially derived cannabinoids (like delta-8-THC made synthetically from CBD); and
  • ​The product does not contain any other cannabinoids advertised as having an intoxicating effect. 

​If a product contains more than 0.5 mg THC or other intoxicating cannabinoids, or the testing was not sensitive enough to show that it does not exceed 0.5 mg of THC, or the product contains any artificially derived cannabinoids, it cannot be sold to minors. See OAR 845-026-0300 and CBD and Consumable Hemp Items: Information on No Sales to Minors for more details. 


THC Limits
There are also limits on the amount of THC that can be present in cannabinoid products sold to adults. 

In addition to the 0.3% limit on total THC:

  • ​Hemp tinctures are limited to 2 mg total THC per serving and 100 mg total THC per container.
  • ​Hemp edibles are limited to 2 mg total THC per serving and 20 mg total THC per unit of sale.
  • A full list of THC limits can be found in Table 4 of OAR 845-026-0410.
​Products that exceed these limits by more than 10% cannot be sold to Oregon consumers outside of the OLCC-licensed marijuana system (THC limits in the OLCC-licensed marijuana system are addressed below).

​​
Artificially Derived Cannabinoids
Some businesses manufacture cannabinoids synthetically from a hemp-derived starting material. Common examples include synthetically converting CBD into delta-8-THC, delta-9-THC, or CBN. Cannabinoids made synthetically from hemp are considered “artificially derived cannabinoids.”

As of July 1, 2022: Products containing artificially derived cannabinoids cannot be sold to Oregon consumers outside of the OLCC-licensed marijuana system (THC limits in the OLCC-licensed marijuana system are addressed below). ​

This does not affect products made with naturally occurring cannabinoids that were produced by extracting them from hemp. For example, CBD and CBG are typically produced by extracting them from hemp crops. If you are unsure whether a particular product was made with artificially derived cannabinoids, check with the manufacturer. 



​OLCC-licensed marijuana retailers can receive hemp items (usable hemp, hemp concentrate, hemp extracts, and hemp cannabinoid products) and sell these items to consumers, subject to OLCC rules. A retailer can only receive these items through a licensed transfer in the Cannabis Tracking System (CTS) from:
  • ​An OLCC-licensed marijuana processor with a hemp endorsement;
  • An OLCC-licensed marijuana wholesaler;
  • Another OLCC-licensed marijuana retailer under common ownership; or
  • An ODA-licensed hemp handler with an OLCC Hemp Certificate
Hemp items sold by an OLCC-licensed marijuana retailer are not subject to the retail sales tax on marijuana items. Marijuana retailers are exempt from the requirement to hold an ODA hemp vendor license to sell hemp items.

Hemp items must pass compliance testing prior to being transferred to the retailer, and the test results must show that the product is within the THC limits specified in OAR 845-025-2760. For products being transferred to the retailer from an ODA-licensed hemp handler with an OLCC hemp certificate, the compliance testing needs to be done after the handler enters the item in their CTS account. Testing done prior to entering the item into CTS or testing performed by a lab that does not hold an OLCC laboratory license does not meet this requirement.

Any finished hemp items packaged for sale to a consumer must comply with OLCC packaging and labeling requirements. This includes either having a label that has been pre-approved by OLCC or a valid “generic label.” A generic label cannot contain any logos, colors, or text beyond the minimum label information required by OLCC rules. Note that products containing artificially derived cannabinoids and inhalable cannabinoid products that contain non-cannabis additives are not eligible to use a generic label and must have an OLCC-approved label.

OLCC-licensed marijuana retailers cannot sell any product that contains artificially derived cannabinoids unless the product complies with OAR 845-025-1310. This rule allows products that contain artificially derived cannabinoids to be sold if the product is not intended for inhalation and the artificially derived cannabinoid:
  • ​Is not intoxicating or impairing; and
  • Also occurs naturally in cannabis (as established by at least three peer-reviewed publications); and
  • Was manufactured in a facility with an ODA food safety license; and
  • Was manufactured by an OLCC-licensed processor or ODA-licensed hemp handler; and
  • The manufacturer has gone through one of the ordinary regulatory processes for introducing a novel substance into foods or dietary supplements (GRAS determination or New Dietary Ingredient Notification)
All products containing artificially derived cannabinoids must be labeled in accordance with OAR 845-025-7145. The product identity on the label must include the words “artificially derived cannabinoid.” If the product type requires that the label include a list of ingredients, the ingredient listing must identify any artificially derived cannabinoid by its full name and use the words “artificially derived” in the description of that specific ingredient. Products containing artificially derived cannabinoids cannot use a “generic label.”

The requirements described above apply to cannabinoid hemp items. They do not apply to products made from hemp seed or hemp fiber unless those products contain added cannabinoids. Examples of products made from hemp seed or hemp fiber include hemp clothing, hemp paper, hemp hearts, hemp seed oil, and soaps made from hemp seed oil. These products do not qualify as a “hemp item” as defined in OLCC and ODA rules. A retailer can carry and sell grain or fiber products that do not contain added cannabinoids just like any non-cannabis product; they do not need to be tracked in CTS.

Hemp businesses that want to have their hemp items sold by OLCC-licensed marijuana retailers have two options:
​​​
OLCC He​mp Handler Certificate
An ODA-licensed hemp handler can apply for an OLCC Hemp Certificate which gives them a CTS account. The handler can then enter hemp items that they manufacture into CTS in order to transfer those items to an OLCC-licensed retailer or wholesaler. ​​​​​​

After the hemp or hemp item is entered into CTS, it must undergo certain required compliance testing. At minimum, it needs to pass a potency test to make sure it is within 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; see OAR 845-025-5800 to -5850 for details. 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 must be performed by an OLCC-licensed, ORELAP-accredited lab. The transfer of the samples and the test results must be recorded in CTS. Testing performed prior to entering the hemp or hemp item into CTS cannot satisfy this requirement.

Any products that are packaged for sale to consumers must also comply with OLCC packaging and labeling requirements.

OLCC Marijuana Processor License 
An OLCC-licensed marijuana processor with a hemp endorsement may receive hemp or hemp items via a licensed transfer in CTS and process that material into a consumer-ready hemp item. Processors can receive hemp biomass from a hemp grower certificate holder, and hemp items (hemp concentrates, extracts, flower, and products) as well as biomass from a hemp handler certificate holder. The biomass or hemp item needs to be tested by the certificate holder after being entered into CTS before it can be transferred to the processor's licensed premises. If the processor will be receiving biomass or processing hemp items, they will likely need to obtain an ODA hemp handler license as well. Information about the ODA hemp handler license can be found on the ODA hemp website: https://oda.direct/hemp/