OLCC Finalizes New Rules on Delta-8 THC and other Artificially Derived Cannabinoids

CANNANNEW REPORT

By Brett Mulligan The Oregon Liquor Control Commission (OLCC) recently finalized new administrative rules on Delta-8 THC and other artificially derived cannabinoids as directed by HB 3000 (2021). These rules were long-awaited because, as described in our earlier blog post covering the OLCC rules advisory committee (RAC) meeting, the original proposed rules were essentially a blanket ban on all artificially derived cannabinoid products in OLCC’s regulated cannabis system. As this blog post will explain, the new administrative rules will allow for some artificially derived cannabinoids in limited circumstances to be produced and transferred by OLCC licensees and sold at OLCC dispensaries. These rules do not apply to industrial hemp licensees who legally operate outside of OLCC’s regulated cannabis market – the below rules apply only to OLCC licensees. Delta-8 THC and other Artificially Derived Cannabinoids A major consideration of HB 3000 was dealing with Delta-8 THC and other artificially derived cannabinoids that were previously outside the purview of OLCC enforcement powers. The new administrative rules do not list out specific artificially derived cannabinoids that are now banned. Rather, the definition of artificially derived cannabinoids bans products from the OLCC adult-use cannabis market based on how they are produced. “Artificially derived cannabinoids” are defined under the new rules as “a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant Cannabis family Cannabaceae” (OAR 845-025-1015(3)(a)). Pursuant to the new administrative rules, the definition of artificially derived cannabinoid does not include: (A) A naturally occurring chemical substance that is separated from the plant Cannabis family Cannabaceae by a chemical or mechanical extraction process; (B) Cannabinoids that are produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst; or (C) Any other chemical substance identified…

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Source : OLCC Finalizes New Rules on Delta-8 THC and other Artificially Derived Cannabinoids

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