OAR 845-025-3320: Hemp Item Transfers to Unlicensed Persons

(1) For the purpose of this rule, “unlicensed person” means a person that is not a producer, processor, retailer, wholesaler, or laboratory. (2) Eligibility. A processor with an industrial hemp endorsement may transfer hemp items to an unlicensed person subject to the following conditions: (a) The hemp items are tested as described in ORS 475C.544 and otherwise meets the requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.644 and these rules; and (b) The hemp items do not exceed 0.3 percent total delta-9-THC. (3) The processor must record all activity under this rule in CTS. (4) Transfer requirements. Prior to transferring any hemp items under this rule to a person that is not a processor, retailer or wholesaler the processor must: (a) Generate a manifest in CTS. (b) After generating a manifest in CTS, segregate all hemp items on the manifest and hold the hemp items on the licensed premises for at least three business days under camera coverage prior to removing the hemp items from the licensed premises. (c) Carry a physical copy of the manifest during transportation, if delivering the hemp items to an unlicensed person. If the unlicensed person is picking up the cannabinoid products, extracts or concentrates from the processor, a physical manifest is not required to be printed but must be generated in CTS. (5) A processor may not make transfers under this rule to the licensed premises of a producer, processor, wholesaler, retailer, or laboratory. (6) Violations. (a) Transferring a hemp item that exceeds one percent total delta-9-THC to a person who is not a licensee, laboratory licensee, or research certificate holder is a Category II violation. (b) Transferring a hemp item that exceeds 0.3 percent total delta-9-THC but does not exceed one percent total delta-9-THC to a person who is not a licensee, laboratory licensee, or research certificate holder is a Category III violation. (c) A violation of subsection (4)(b) is a Category III violation. (d) All other violations of this rule are Category IV violations.