New Legislation Gives OLCC More Oversight Over The Hemp Industry And Delta-8 THC

CANNANNEW REPORT

Published to JD Supra On July 19, 2021, Governor Kate Brown signed HB 3000, a comprehensive bill that gives the Oregon Liquor and Cannabis Commission (OLCC) significantly more authority and oversight over the hemp industry – including the production and sale of products containing hemp-derived Delta-8 THC. HB 3000 appears to have been passed with the aim of protecting consumers from intoxicating marijuana products that contain (previously) unregulated and/or artificially created cannabinoids (like Delta-8 THC). In addition, HB 3000 gives the OLCC increased resources and regulatory authority to crack down on illegal marijuana grow operations that are being conducted under the guise of hemp farming. Regulation of Adult Use Cannabinoids and Adult Use Cannabis Items HB 3000 creates a new definition for “adult use cannabinoids” which encompasses Delta-8 THC and artificially derived cannabinoids that have an intoxicating effect. It directs the OLCC to establish a framework for determining when an industrial hemp commodity or product becomes an “adult use cannabis item” due to the concentration of adult use cannabinoids. With the authority granted under HB 3000, the OLCC established a new rule, which provides that an industrial hemp commodity or product is deemed to be an adult use cannabis item if it: Contains 0.5 milligrams or more of (i) any combination of THC or THC acids including Delta-8 or Delta-8 THC or (ii) any other cannabinoids advertised by the manufacturer or seller as having an intoxicating effect; Contains any quantity of artificially-derived cannabinoids; or Has not been demonstrated to contain less than 0.5 milligrams total Delta-9-THC when tested in accordance with industrial hemp laboratory industrial hemp testing requirements The new legislation and corresponding OLCC rules also provide that adult use cannabis items can only be sold by OLCC licensed retailers to individuals who are over 21 years old. As a result, any hemp-derived…

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Source : New Legislation Gives OLCC More Oversight Over The Hemp Industry And Delta-8 THC

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