OAR 603-048-0100: Licensing, generally

(1) Industrial hemp is an agricultural product subject to regulation by the Department. (2) Only a licensee may sell, store, receive or transfer industrial hemp, except as provided in ORS 475C.305, ORS 571.266 and this rule. (a) Laboratories are not required to be licensed with the Department to sample, test, or transfer or store industrial hemp for sampling and testing purposes; and (b) Seed testing facilities with a registered seed technologist registered by the Society of Commercial Seed Technologist or certified seed analyst certified by the Association of Official Seed Analysts are not required to be licensed with the Department to sample, test, treat, or transfer or store industrial hemp seed or seedlings for sampling and testing purposes. (c) A license is not required to transport or ship hemp or hemp products produced in accordance with 7 USC 1639 (https://uscode.house.gov/statviewer.htm?volume=132&page=4914), et seq. through the state. (3) Licenses. (a) Apply only to the individual or legal entity and location listed on the Department-issued license (b) Are a personal privilege and may not be transferred. (c) May not be sold or transferred. (4) For transfers and sales within Oregon, a licensee may only sell or transfer industrial hemp or agricultural hemp seed to: (a) Another licensee; or (b) An OLCC licensee in accordance with ORS 571.336, ORS 571.337, and rules adopted thereunder. (5) Restriction on industrial hemp product sales: (a) For the purposes of this section, “consumer” means a person who purchases, acquires, owns, holds or uses industrial hemp products other than for the purpose of resale. (b) A licensee may not transfer, sell, or offer for sale an industrial hemp product that contains more than 0.3 percent total THC to a consumer unless the licensee is licensed as a retailer by OLCC, as provided in ORS 475C.257. (c) Each unit of sale transferred, sold, or offered for sale is in violation of this rule is a separate violation. (d) Beginning on January 1, 2026 a handler must adhere to Hemp Registry requirements in OAR Chapter 845, Division 26. (6) Licensure and compliance with these rules does not protect a person from possible criminal prosecution under state or federal law or other sanctions by other governmental entities.