New Proposed OHA Administrative Rules (Concentration Limits, Hemp, Vapes and Labs)

The Oregon Health Authority (OHA) is proposing to amend Oregon Administrative Rules in chapter 333, division 7 and 64 related to hemp, cannabis testing, cannabis laboratory accreditation and concentration limits.  The OHA is proposing the changes to implement legislation that was passed earlier this year, HB 3000, SB 96 and SB 408.

Now is your opportunity to comment.  A public hearing will be held on November 15, 2021, at 1:00 PM via video/phone conference using Microsoft Teams.  To provide oral testimony during this hearing, please contact [email protected] to sign-up and receive the link for the Microsoft Teams video conference.  Alternatively, you may dial 971-277-2343, Phone conference ID 199 382 236# for audio only.

HB 3000 (Oregon Laws 2021, chapter 542) and SB 408 (Oregon Laws 2021, chapter 397) move the authority to set concentration limits on cannabis from the OHA to the Oregon Liquor and Cannabis Commission (OLCC). OHA, in coordination with OLCC, will repeal rules related to concentration limits and OLCC will adopt concentration limit rules. In addition, HB 3000 created a new definition of adult use cannabinoids that includes naturally and artificially derived cannabinoids and specifically names delta-8 THC. Testing delta-8 THC is being added to align with HB 3000.

OHA has incorporated hemp-derived vapor items into the testing rules and created a new section specific to compliance testing for these items per the passage of SB 96 (Oregon Laws 2021, chapter 646).

In addition, the following rule changes are also being made:

• Clarifying that it is a violation to submit false or misleading information to a laboratory by way of a directed agent.
• Requiring that once a test order has been submitted and at least one test has already been performed, written permission from the overseeing agency is needed to cancel the additional tests requested.
• Modifying rules reporting around Tentatively Identification of Unknown Compounds.

If you wish to present oral testimony, a public hearing will be held on November 15, 2021 at 1:00 PM via video/phone conference using Microsoft Teams.  To provide oral testimony during this hearing, please contact [email protected] to sign-up and receive the link for the Microsoft Teams video conference. Alternatively, you may dial 971-277-2343, Phone conference ID 199 382 236# for audio only.

Written comments are accepted until 5:00 p.m. on November 21, 2021, by submitting them to the Public Health Division Rules Coordinator at the following address:

OHA, Public Health Division

Brittany Hall, Administrative Rules Coordinator

800 NE Oregon Street, Suite 930

Portland, Oregon 97232

E-mail comments to: [email protected]

You may also send comments by fax to (971) 673-1299.

Final rules will be filed after consideration of all comments.

The full text of the rules and corresponding rulemaking documents at the following website: Healthoregon.org/ommprules