Or. Admin. R. 845-025-2760 - THC Concentration Limits for Industrial Hemp and Hemp Items

(1) This rule applies to:
(a) Commission-certified hemp growers and Commission-certified hemp handlers transferring industrial hemp or hemp items to licensees;
(b) Licensees receiving industrial hemp or industrial hemp items from licensees, Commission-certified hemp growers, or Commission-certified hemp handlers; and
(c) Retailers selling, transferring, or delivering hemp items to a consumer, patient, or primary caregiver in accordance with OAR 845-025-2800.
(2) For the purposes of this rule:
(a) "Container" has the meaning given that term in OAR 845-025-7000.
(b) "Serving" has the meaning given that term in OAR 845-025-7000.
(3) Concentration, serving size, and container limits as shown in Table 1, incorporated by reference.
(a) Harvested industrial hemp or a hemp item must be tested by a laboratory using a method with a LOQ capable of detecting whether a sample exceeds any applicable concentration, serving size, or container limit separately for delta-9-THC and for the total THC equivalent of delta-9-THCA.
(b) Harvested industrial hemp may not exceed a concentration of one percent total THC.
(c) A hemp item other than a hemp concentrate, extract, or topical as defined in OAR 603-048-2310 may not exceed a concentration of one percent total THC.
(d) A hemp concentrate or extract as defined in OAR 603-048-2310 may not exceed a concentration of five percent total THC.
(e) A hemp topical as defined in OAR 603-048-2310 may not exceed 0.3 percent total THC.
(f) A hemp item other than usable hemp or a hemp concentrate, extract, topical, or tincture may not exceed 20 milligrams total THC in a container. A hemp concentrate, extract, or tincture may not exceed 100 milligrams total THC in a container.
(g) A hemp item other than a hemp tincture that is intended for human consumption may not exceed two milligrams total THC per serving.

Notes

Or. Admin. R. 845-025-2760
OLCC 3-2019, adopt filed 02/25/2019, effective 3/1/2019; OLCC 3-2020, amend filed 01/28/2020, effective 2/1/2020; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 91-2022, minor correction filed 03/24/2022, effective 3/24/2022

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Statutory/Other Authority: ORS 475C.017 & 571.337

Statutes/Other Implemented: ORS 571.336 & 571.337

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