OAR 603-048-0640: Cannabis Waste and Cannabis Disposal

(1) For the purposes of this rule, “cannabis waste” includes cannabis grown at the grower’s licensed grow site or under a grower’s license that the licensee determines has lost its market value due to mold, pest, disease, or that the licensee otherwise does not intend to store, process, transfer, or sell. This includes removal of male plants, as detailed in section (5) of this rule. “Cannabis waste” does not include minimal amounts of cannabis pruned or removed from cannabis plants in the course of normal agricultural practices. (2) A licensee must comply with the following when disposing of cannabis that fails testing or resampling under OAR 603-048-0600 to 603-048-0635 or if the licensee is otherwise ordered by the Department to dispose of cannabis plants. (a) The licensee must request approval from the Department at least seven (7) calendar days prior to the date of proposed disposal of plants, on a form provided by the Department that includes the following information: (A) Proposed date of disposal; (B) Amount of plants to be disposed; (C) Proposed method of disposal; and (D) Grow site, production area, and harvest lots from which plants are proposed to be disposed. (b) The licensee must permit Department staff, or the Department’s designee, to observe the destruction if required by the Department. (c) The licensee must have written Department approval prior to beginning disposal. (d) The licensee must ensure that timely disposal occurs after Department approval is received. (e) The licensee must document the disposal as follows: (A) Photograph the disposal such that the destruction of each separate production area or harvest lot is identifiable. Documentation must include photos of the separate production areas or harvest lots before and after the disposal method is applied. The photos must depict all parts of the subject production area or harvest lots. Alternatively, the licensee may video the destruction if the video satisfies the requirements described for the photographs. (B) The licensee must maintain the photos and video required in subsection (A) for at least three years from the date of disposal and provide immediately to the Department upon request. (f) Within seven (7) calendar days of completing disposal, the licensee must submit a disposal report on a form provided by the Department that includes but is not limited to the following information: (A) Date of disposal; (B) Amount of plants disposed; (C) Method of disposal; and (D) Grow site, production area, and harvest lots from which plants were disposed. (3) A licensee who determines that any portion of the cannabis grown at the grow site is cannabis waste must: (a) Request approval from the Department within 14 days of the determination and at least seven (7) days prior to the date of proposed disposal using a form provided by the Department that includes the following information: (A) Proposed date of disposal (B) Amount of cannabis waste to be disposed (C) Proposed method of disposal (D) Grow site, production area, and harvest lots from which the cannabis waste derives from. (E) Description of the reason why the cannabis is waste (disease, mold, etc.) (b) Comply with all of the requirements in section (2)(b)-(e) of this rule (4) To dispose of cannabis waste or cannabis that fails pre-harvest testing as described in OAR 603-048-0600 to 603-048-0635 such that destruction is required or when otherwise ordered by the Department to dispose of cannabis, the licensee must render the cannabis waste or cannabis into a non-retrievable or non-ingestible form. Licensee may use any of the following methods for disposal as consistent with other local, state, and federal laws or regulations: (a) Plowing under (b) Mulching/composting (c) Disking (d) Brush mower/chopper (e) Burning (5) If immediate culling of male plants is necessary, a licensee must within 24 hours of culling send an email to hemp@oda.oregon.gov to notify the Department that the culling activity is to occur to removing the affected plants. The license must comply with all of the requirements in section (2)(b)(d), & (e) of this rule. (6) It is a Class 1 violation to fail to comply with any provision of this rule.