Plan to Renew Your ODA Hemp Registration Now – New Rules In Affect for 2022

The Oregon Department of Agriculture (ODA) requires all registrants to re-apply every year as all registrations expire on December 31^st.  The ODA expects to have the new application available in early December.

Important changes in 2022

The 2018 Farm Bill and Oregon law requires a background check for 2022 hemp growers, not handlers.  To meet the new requirements, all key participants (see definition below) must complete a background check. This includes fingerprinting. Only those with no felony drug convictions in the last 10 years will be eligible to be licensed to grow hemp.

ODA has yet to complete the process for applicants to submit their fingerprints and complete the background check process. The ODA will send the primary contact on the application an email when that process is in place. The email will have important information about how to submit background checks.

What is a “Key participant?”  It means any person listed on an application for a license and:

If an applicant or key participant is a limited partnership, each general partner in the limited partnership;

If an applicant or key participant is a general partnership, each general partner in the general partnership;

If an applicant or key participant is a manager-managed limited liability company, each manager of the limited liability company as those terms are defined in ORS 63.001;

If an applicant or key participant is a corporation, each person with executive managerial control in a corporation. A person with executive managerial control includes, but is not limited to, any officer of the corporation;

Any individual or legal entity with an ownership interest (see definition below) in the applicant or a key participant;

If an applicant or key participant is a member-managed limited liability company, any individual or legal entity who holds or controls a direct or indirect interest of 20 percent or more in the applicant.

What is an “Ownership interest?”  It includes any person or legal entity that exercises control over, or is entitled to exercise control over, the business. Control over the business includes but is not limited to the authority to enter a contract or similar obligations on behalf of the business.

Includes any individual or legal entity owning the real or personal property of the proposed grow site, unless the owner of the property has given control over the property to another party via a lease or rental agreement or similar agreement.

Does not include an employee acting under the direction of the owner or other non-executive employees such as farm, field, or shift managers that do not make financial planning decisions and that do not vote or exercise control of the business.

The new application process is similar to applying for an OLCC license.  Make an appointment to speak with one of our attorneys today if you need help in applying or just understanding what information the ODA is requiring.  New ODA applications for 2022 will be available in December. ​