Oregon’s New Artificially Derived Cannabinoid Rules Begin July 1
CANNANNEW REPORT
Artificially derived cannabinoid (ADC) products are leaving Oregon grocery stores and convenience stores beginning July 1, 2022. Following the effective date, only licensed marijuana dispensaries can sell ADC products, and only if the product complies with the requirements of OAR 845-025-1310. Oregon’s impending ban comes just months after the United States Court of Appeals for the Ninth Circuit (whose jurisdiction includes Oregon) ruled that Delta-8 THC (an ADC) is legal under federal law. Special regulations apply for products containing CBN. While CBN products will leave Oregon grocery and convenience store shelves on July 1 of this year, the regulations under OAR 845-025-1310 will not apply to CBN products at OLCC retailers until July 1, 2023 (i.e., allowing sales in marijuana dispensaries for at least one more year). CBN is currently the most popular ADC and many consumers take the product as a sleeping aid. Consumers are expressing dismay over the impending ban, and industry leaders are considering whether it is time for their business to leave the Oregon market all together. This blog post will explain how we got here, how the industry is responding, and how other states might follow Oregon’s lead. Timeline Leading to the Ban As discussed in a recent GLLG blog post, one of the main reasons the Oregon legislature passed House Bill 3000 in 2021 was to regulate Delta-8 THC and other ADCs that were previously outside OLCC’s regulatory jurisdiction, and therefore available for sale outside licensed dispensaries and to persons under the age of 21. ADCs are most often created by putting hemp-derived CBD through a chemical process to develop new cannabinoid compounds, some of which are intoxicating and some of which are not. Early drafts of HB 3000 focused specifically on “intoxicating” cannabinoids, but the final version of the bill reframed the regulations to include both intoxicating cannabinoids (“adult use…
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