OAR 845-026-0415: Standards for Approving Industrial Hemp Products That Contain Artificially Derived Cannabinoids

An industrial hemp product that contains an artificially derived cannabinoid may be approved on or after January 1, 2026, if: (1) The artificially derived cannabinoid: (a) Is not a controlled substance under OAR chapter 855, division 80; (b) Was manufactured in compliance with applicable laws relating to food safety; (c) In the Commission’s judgment, is not impairing or intoxicating at the intended concentration in the product; and (d) Has been reported as a naturally-occurring component of the plant Cannabis family Cannabaceae in at least three peer-reviewed publications. (2) The product is not intended for human inhalation; and (3) The manufacturer of the artificially derived cannabinoid: (a) Has made a “Generally Recognized as Safe” (GRAS) determination for the artificial cannabinoid; (b) Has received a Food and Drug Administration (FDA) letter responding to a “Generally Recognized as Safe” (GRAS) notice for the artificially derived cannabinoid manufactured by the same method that the manufacturer uses, affirming that FDA has no questions about the notice; or (c) Has received an FDA letter of acknowledgement with no objections in response to a New Dietary Ingredient notification for the artificially derived cannabinoid manufactured by the same method that the manufacturer uses.