OLCC Approves Changes to Cannabis and Hemp Regulations

Service Notification

The new cannabis rules took effect Jan. 1, 2022, and some regulations will stagger into 2023.

Oregon’s Liquor and Cannabis Commission (OLCC) approved new marijuana and hemp/CBD rules to increase product safety and streamline oversight. The rules target recreational marijuana licensees, applicants, Oregon Department of Agriculture (ODA) hemp handlers and growers, and hemp vapor item manufacturers.

Some rules took effect January 1, 2022, others are slated throughout the year and some will not see implementation until 2023. Review the list of Oregon Administrative Rule (OAR) changes, or see the rules in their entirety.

Relevant Testing Rules

The updated rules have a number of provisions but we wanted to break down the changes related to testing. Here’s a summary of what you need to know:

THC Maximum Test Limits for Cannabis and Hemp

• OLCC product THC limits effective January 1, 2022
  • Cannabis concentration limits: transdermal patches
  • Cannabis concentration limits: concentrates and extracts
• OLCC edibles THC limits effective April 1, 2022
  • Cannabis concentration limits: edibles
    See OAR 845-026-0210 Table 1
• ODA THC limits for OLCC and Non-OLCC markets effective July 1, 2022
  • Hemp concentration limits: OLCC Marketplace
  • Hemp concentration limits: Non-OLCC Marketplace
    See OAR 845-025-2760 Table 1

Industrial Hemp Vapor Items Must be Compliance Tested

• ODA compliance rules effective July 1, 2022
• Industrial hemp-derived vapor items need to be tested for pesticides, solvents, and THC and CBD.
• Samples of industrial hemp-derived vapor items must be taken in their final form ready for packaging.
  See OAR 333-007-0342 and See OAR 333-007-0360

Artificially Derived Cannabinoids

• July 1, 2022, intoxicating artificially-derived cannabinoids, including Delta-8-THC, are prohibited both inside and outside the OLCC market.
  See OAR 845-025-1310

Ordering Tests

• 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.
  See OAR 333-007-0315

Standards for Adult Use Cannabinoid and CBD Compliance Testing

• July 1, 2022, Testing for Delta-8 THC will be required for all adult use cannabis items as well as for industrial hemp-derived vapor items.
  See OAR 333-007-0430

Standards for Adult Use Mycotoxin Compliance Testing

• If the marijuana item is manufactured or usable marijuana is harvested on or after July 1, 2022, testing for Mycotoxins will be required for all adult use cannabis and hemp-derived vapor items.
  See OAR 333-007-0425

Standards for Batch Sizes

• Usable flower batch size increases to 50 lbs and the harvest lot window expands to 7-days.
  See OAR 333-007-0360

Testing Rules pending approval in Spring

There are additional changes to the cannabis testing rule that are pending. These rules are expected to be final in the Spring of 2022 and will include a phased in approach to the new testing requirements. SC Labs is working to ensure we are ready to meet all your testing needs.

Standards for Adult Use Heavy Metals Compliance Testing

• If the marijuana item is manufactured or usable marijuana is harvested on or after January 1, 2023, Compliance testing for Heavy Metals will be required for all adult use cannabis and hemp-derived vapor items.
  See OAR 333-007-0415

Standards for Adult Use Microbiological Contaminants Compliance Testing

• If the marijuana item is manufactured or usable marijuana is harvested on or after January 1, 2023, testing for Microbiological Contaminants is added to the list of compliance tests for adult use.
  See OAR 333-007-0390

The SC Labs Difference

For years, SC Labs has helped Oregon clients navigate continuously shifting dynamics in the cannabis/hemp testing industry. Our R&D tests are great first steps to prepare compliance testing and solve for any unexpected issues.

• Expansive test menu covers a full range of product types—each designed to meet new regulations.
• Streamlined test management platform offers step-by-step functions to help you identify and understand regulations.
• Fully integrated QR codes and labels tie test results for every sample and product analyzed.
• Test methods and quality standards that produce dependable, rapid results, consistent with regulations.
• Proactive data review, remediation strategy review, and root cause analysis on all failing results.
• With 12 years of experience operating in this environment, SC Labs is committed to monitoring regulatory changes, analyzing potential impact, and developing solutions that meet unique client needs.

If you have questions about these new regulations and want to ensure your current process is covered in our services, please call (503) 272-8830, or email oregon@sclabs.com.

SC Labs is broadly distributing this bulletin in order to bring to the attention of users of the affected SC Labs tests. SC Labs recommends that all users determine the applicability of this information to their individual situations and take appropriate action. SC Labs does not warrant that this information is necessarily accurate or complete. SC Labs shall not be liable for technical or editorial errors or omissions contained herein.