Or. Admin. R. 333-007-0430 - Standards for Adult Use Cannabinoid and CBD Compliance Testing

(1) A laboratory must test for all of the following when testing a marijuana item or industrial hemp-derived vapor item for potency:
(a) Delta-9 THC.
(b) Delta-9 THCA.
(c) On and after July 1, 2022, delta-8 THC
(c) CBD.
(d) CBDA.
(2) A process lot of a cannabinoid concentrate, extract, product, finished inhalable cannabinoid product, or industrial hemp-derived vapor item fails potency testing if, based on an initial test where no reanalysis is requested or upon reanalysis as described in OAR 333-007-0450(1):
(a) The amount of delta-8 THC, total delta-9 THC or CBD, as calculated pursuant to OAR 333-064-0100, between the primary sample and the duplicate sample exceeds 10 percent RPD or between the primary sample, duplicate sample and any replicate samples exceeds 10 percent RSD; or
(b) The amount or percentage of delta-8 THC, total delta-9 THC, as calculated pursuant to OAR 333-064-0100, exceeds the maximum concentration limits permitted in a package by over 10 percent as specified in the Commission's concentration limit rules in OAR chapter 845, division 26, as applicable.
(3) Notwithstanding subsection (2)(a) of this rule:
(a) A cannabinoid product that has less than 5 mg of total delta-9 THC per unit of sale as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule.
(b) A cannabinoid product that has less than 10 mg of CBD per unit of sale as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule.
(c) A cannabinoid product that has less than 5 mg of delta-8 THC per unit of sale as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule.
(d) A cannabinoid concentrate, extract, finished inhalable cannabinoid product, or industrial hemp-derived vapor item that has less than 5 mg total delta-9 THC per gram as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule.
(e) A cannabinoid concentrate, extract, finished inhalable cannabinoid product, or industrial hemp-derived vapor item that has less than 10 mg CBD per gram as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule.
(f) A cannabinoid concentrate, extract, finished inhalable cannabinoid product, or industrial hemp-derived vapor item that has less than 5 mg delta-8 THC per gram as calculated pursuant to OAR 333-064-0100 does not fail potency testing based on exceedance of the RPD or RSD as described in subsection (2)(a) of this rule.

Notes

Or. Admin. R. 333-007-0430
PH 22-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16; PH 21-2016, f. 6-24-16, cert. ef. 6/28/2016; PH 35-2016(Temp), f. & cert. ef. 12-2-16 thru 5-30-17; PH 9-2017, f. 5-26-17, cert. ef. 5/31/2017; PH 282-2018, amend filed 12/20/2018, effective 1/1/2019; PH 89-2020, amend filed 12/30/2020, effective 1/1/2021; PH 95-2021, amend filed 12/29/2021, effective 1/1/2022; PH 24-2022, amend filed 03/15/2022, effective 3/31/2022

Statutory/Other Authority: ORS 475C.544

Statutes/Other Implemented: ORS 475C.544

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