OLCC Adopts Rule on Presumptive Testing of Hemp

The OLCC previously adopted for testing cannabis plants in the field to see if they were recreational marijuana or hemp.  This was in response to a few people growing marijuana under a hemp permit.  All Oregon Department of Agriculture hemp grow permittees are subject to inspect and testing. The OLCC just readopted the rule that just expired.   Their rationale for immediate action is the fear that marijuana will be grown again by holders of hemp permits.

Below is the wording from the adopted rule on threshholds for when hemp becomes marijuana in the eyes of the regulators.

All cannabis plants at a grow site are presumptively marijuana for purposes of Section 2 of 2024 Oregon Laws
Chapter 16 if sampling at the grow site meets any of the following criteria:
(a) At least 50 percent of composite samples taken from mature cannabis plants test at or above five percent total delta-9-THC;

(b) The average total delta-9-THC among the composite samples taken from mature cannabis plants tests at or above five percent;

(c) At least 50 percent of composite samples taken from immature cannabis plants test at or above a 5:1 ratio of total THC to total CBD, with total CBD calculated as described in OAR 333-064-0100, and the total THC concentration of each composite sample exceeds 0.3 percent;

(d) At least 50 percent of composite samples taken from immature cannabis plants test at or above one percent total delta-9-THC; or

(e) The average total delta-9-THC among the composite samples taken from immature cannabis plants tests at or above one percent total delta-9-THC.

Link to rule here Temporary Rule – Effective 05/17/2024 THROUGH 11/12/2024

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