OAR 845-025-2760: THC Concentration Limits for Industrial Hemp and Hemp Items

(1) This rule applies to: (a) Commission-certified hemp growers and Commission-certified hemp handlers transferring industrial hemp or hemp items to licensees; (b) Licensees receiving industrial hemp or industrial hemp items from licensees, Commission-certified hemp growers, or Commission-certified hemp handlers; and (c) Retailers selling, transferring, or delivering hemp items to a consumer, patient, or primary caregiver in accordance with OAR 845-025-2800. (2) For the purposes of this rule: (a) “Container” has the meaning given that term in OAR 845-025-7000. (b) “Serving” has the meaning given that term in OAR 845-025-7000. (3) Concentration, serving size, and container limits as shown in Table 1, incorporated by reference. (a) Harvested industrial hemp or a hemp item must be tested by a laboratory using a method with a LOQ capable of detecting whether a sample exceeds any applicable concentration, serving size, or container limit separately for delta-9-THC and for the total THC equivalent of delta-9-THCA. (b) Harvested industrial hemp may not exceed a concentration of one percent total THC. (c) A hemp item other than a hemp concentrate, extract, or topical as defined in OAR 603-048-2310 may not exceed a concentration of one percent total THC. (d) A hemp concentrate or extract as defined in OAR 603-048-2310 may not exceed a concentration of five percent total THC. (e) A hemp topical as defined in OAR 603-048-2310 may not exceed 0.3 percent total THC. (f) A hemp item other than usable hemp or a hemp concentrate, extract, topical, or tincture may not exceed 20 milligrams total THC in a container. A hemp concentrate, extract, or tincture may not exceed 100 milligrams total THC in a container. (g) A hemp item other than a hemp tincture that is intended for human consumption may not exceed two milligrams total THC per serving. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]