(2) A person may not sell, transfer or deliver to a consumer an industrial hemp commodity or product that contains cannabinoids and is intended for human consumption unless:
(a) The industrial hemp commodity or product has been tested in accordance with ORS 571.330 and any rules adopted pursuant to ORS 571.330;
(b) If the hemp commodity or product is intended for human consumption by ingestion, the hemp commodity or product was processed in a facility licensed by the State Department of Agriculture under ORS 616.695 to 616.755 or in a facility in another state or jurisdiction that meets requirements substantially similar to requirements established under ORS 616.695 to 616.755;
(c) The person obtains and maintains documentation of the results of the testing;
(d) If the industrial hemp commodity or product is sold to a person under 21 years of age or any representations are made to the consumer about the concentration of delta-8-tetrahydrocannabinol, the results of the testing required under this subsection demonstrate the concentration of delta-8-tetrahydrocannabinol;
(e) The industrial hemp commodity or product does not contain more than 0.3 percent tetrahydrocannabinol or the concentration of tetrahydrocannabinol allowed under federal law, whichever is greater; and
(f) The industrial hemp commodity or product does not exceed the concentration of adult use cannabinoids established by the Oregon Liquor and Cannabis Commission, in conjunction with the Oregon Health Authority and State Department of Agriculture, by rule.
(3) The testing required under subsection (2) of this section may be conducted only by:
(a) A laboratory licensed by the commission under ORS 475C.548 and accredited by the authority under ORS 475C.560; or
(b) If the industrial hemp commodity or product was processed outside of this state, a laboratory accredited to the same or more stringent standards as a laboratory described in paragraph (a) of this subsection.
(4) A person may not sell or deliver an adult use cannabis item to a person under 21 years of age.
(5) This section does not apply to the retail sale of industrial hemp commodities or products by a marijuana retailer, as defined in ORS 475C.009, that holds a license issued under ORS 475C.097. [2017 c.531 §4; 2018 c.116 §16; 2021 c.542 §32]
Note: See note under 571.260.
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 571 - Nursery Stock; Licensed Agricultural Crops
Section 571.005 - Definitions for ORS 571.005 to 571.230.
Section 571.015 - Policy; department to maintain nursery service; duties.
Section 571.025 - State Nursery Research and Regulatory Committee.
Section 571.038 - Plant Pest and Disease Emergency Response Fund.
Section 571.045 - Exemption from licensing requirements.
Section 571.057 - License application; contents; fee; assessments.
Section 571.059 - License fee surcharge.
Section 571.063 - Temporary nursery sale license; application; fee; rules; conditions.
Section 571.075 - Renewal of license; rules; forfeiture.
Section 571.095 - Form of license; display required.
Section 571.105 - Agent’s license.
Section 571.115 - License not transferable; moving place of business.
Section 571.125 - Suspension, revocation or refusal of license.
Section 571.170 - Substitution or transportation of uninspected nursery stock prohibited.
Section 571.210 - Hold order on defective nursery stock; condemnation.
Section 571.230 - Disposition and use of moneys received.
Section 571.260 - Short title.
Section 571.263 - Oregon Hemp State Program; rules.
Section 571.266 - Exclusion from ORS 571.260 to 571.348.
Section 571.269 - Definitions for ORS 571.260 to 571.348; rules.
Section 571.272 - Regulation by department; commodities.
Section 571.275 - Commission powers regarding industrial hemp; notice.
Section 571.278 - Industrial Hemp Fund.
Section 571.281 - Grower and handler license; records; inspection; nonconforming crop; fees; rules.
Section 571.285 - Revocation or refusal of licensure; rules.
Section 571.287 - Requirement to conduct criminal records check on applicant for grower license.
Section 571.290 - Industrial hemp propagation.
Section 571.291 - Crop location.
Section 571.294 - Charges for sampling or testing; fee.
Section 571.309 - Industrial hemp product concentration, serving standards; rules.
Section 571.316 - Required reporting to department; rules.
Section 571.319 - Destruction, remediation of specified industrial hemp crop; rules.
Section 571.325 - Agricultural hemp seed labeling and certification; rules.
Section 571.327 - Hemp seed sales; packaging; rules.
Section 571.330 - Laboratory testing; limitation on sales, transfers; rules.
Section 571.333 - Industrial hemp crop concentration standards; test results.
Section 571.345 - Remediation for unintentional violation; rules.
Section 571.348 - Civil penalty; appropriation.
Section 571.400 - Definitions for ORS 571.400 to 571.501.
Section 571.402 - Declarations; purposes of ORS 571.400 to 571.501.
Section 571.404 - Duties of State Department of Agriculture; rules.
Section 571.406 - Temporary members of Oregon Hemp Commission; terms; rules.
Section 571.408 - Ex officio members of Oregon Hemp Commission.
Section 571.410 - Required declaration of vacancy of producer, processor office.
Section 571.412 - Required declaration of vacancy of public member office.
Section 571.414 - Authority to remove member of Oregon Hemp Commission.
Section 571.417 - Payment for member of Oregon Hemp Commission; expenses; rules.
Section 571.423 - Powers of Oregon Hemp Commission; rules.
Section 571.429 - Oregon Hemp Commission authority, duties relating to moneys.
Section 571.438 - Exemption from certain financial administration laws.
Section 571.444 - Intellectual property; rules.
Section 571.450 - Exemptions from assessments; rules.
Section 571.453 - Assessment collection requirements.
Section 571.462 - Penalty for delayed payment of assessment.
Section 571.465 - Penalty for failure to pay assessment; civil action.
Section 571.468 - Dispute regarding amount of assessment; rules.
Section 571.471 - Financial activity of Oregon Hemp Commission.
Section 571.474 - Fidelity bond; conditions on bond; payment of cost of bond.
Section 571.477 - Cancellation of uncollectible assessment.
Section 571.480 - Maintenance of books, records and accounts.
Section 571.483 - Oregon Hemp Commission budget; meeting requirement; annual financial statement.
Section 571.486 - Requirement to comply with ORS 571.483 in order to make, incur expenditure.
Section 571.489 - Limitation on amount, purpose of expenditure.
Section 571.492 - Unforeseen expenditure; fund transfer.
Section 571.495 - Distribution of moneys upon abolishment of Oregon Hemp Commission.
Section 571.498 - Sale of hemp considered sale in commercial channels.
Section 571.501 - Penalty for violation of ORS 571.400 to 571.501.
Section 571.505 - Definitions for ORS 571.510 to 571.580.
Section 571.510 - Policy; department to maintain Christmas tree service; duties.
Section 571.515 - State Christmas Tree Advisory Committee.
Section 571.520 - Exemptions from licensing requirements.
Section 571.530 - License application; contents; license fee.
Section 571.535 - Renewal of license; rules.
Section 571.540 - Form of license; display required.
Section 571.550 - Suspension, revocation or refusal of license.
Section 571.555 - Issuance of shipping permit numbers.
Section 571.570 - Substitution or transportation of uninspected Christmas tree stock.
Section 571.575 - Knowingly offering to sell infected or infested Christmas tree stock.
Section 571.600 - Definitions for ORS 571.605 to 571.620.
Section 571.605 - Economic development assistance.
Section 571.610 - Technical business assistance.
Section 571.615 - Workforce training assistance.
Section 571.620 - Identification and mapping of marketable stands.
Section 571.625 - Western Juniper Industry Fund.
Section 571.650 - Definitions for ORS 571.650 to 571.660.
Section 571.655 - License required; prohibitions.
Section 571.660 - Rules; fees.
Section 571.670 - Disposition of fee moneys.
Section 571.993 - Penalty for violation of ORS 571.655.
Section 571.997 - Civil penalties for ORS 571.055 and 571.525.