OAR 603-048-8011: Presumptive Marijuana

(1) For the purposes of this Division, unless the context provides otherwise or section (2) of this rule provides an alternative definition, the definitions in OAR 603-048-0010 apply. (2) In addition to the definitions in section (1) of this rule, the following definitions apply: (a) "Applicant" means a person, joint venture, or cooperative who has submitted an application for a grower license to the Department. (b) "Good cause" includes, but is not limited to, when an action, delay, or failure to act arises from an excusable mistake, surprise, excusable neglect, reasonable reliance on the statement of a party or agency relating to procedural requirements, or from fraud, misrepresentation, or other misconduct of a party or agency participating in the proceeding. (c) "OAH" means the Office of Administrative Hearings. (d) "Pre-harvest testing" means sampling and testing of growing cannabis by a laboratory or the Department conducted in accordance with OAR 603-048-0600. (e) "Presumptive test" means testing conducted in accordance with OAR 845-026-4110. (f) "Licensee" means a person, joint venture or cooperative that produces industrial hemp and is licensed with the Department as a grower under ORS 571.281. (3) In the Department's discretion, the Department or its designee may inspect and sample cannabis grown at a licensed or proposed grow site or grown pursuant to a grower's license to conduct presumptive testing as described in OAR 845-026-4110. (4) A licensed grower or applicant must permit Department staff, or its designee, to inspect and access all parts of the grow site or proposed grow site, equipment, facilities, and any area where cannabis is grown pursuant to the license and cooperate with such an inspection in accordance with OAR 603-048-0650(3). (5) Sampling for a presumptive test shall be conducted in accordance with OAR 845-026-4110. (6) The Department may detain, seize, or embargo all cannabis at a grow site if any sampling at the grow site conducted pursuant to OAR 845-026-4110 contains total THC of 0.35 percent or more. Any such action shall be conducted in accordance with OAR 603-048-0900. (7) Except for as specifically identified in OAR 603-048-8011 to 8041, the provisions of OAR 603-048-0010 to 603-048-2500 do not apply to OAR 603-048-8011 to 8041. (8) OAR 603-048-8011 to 603-048-8041 apply to sampling and testing conducted for purposes of presumptive testing that occurred on or after July 15, 2024.