OAR 845-026-4110: Presumptive Testing

(1) For the purpose of this rule: (a) “Crop” has the meaning given that term in OAR 603-048-0010. (b) “Composite Sample” means cuttings from at least five cannabis plants removing the top five to eight inches and compositing in one receptacle for purposes of testing. (c) “Grow site” has the meaning given that term in OAR 603-048-0010. (d) “Presumptive test” means testing in accordance with this rule. (e) “Production area” has the meaning given that term in OAR 603-048-0010. (2) For the purposes of this rule: (a) The number of production areas at a grow site is determined by a representative of the State Department of Agriculture or the Oregon Liquor and Cannabis Commission who is on-site at the time of the sampling. The representative may consider documents submitted by the licensee associated with the grow site and the number of production areas at the site actively producing cannabis at the time of the sampling. (b) It is within the discretion of a representative of the State Department of Agriculture or the Oregon Liquor and Cannabis Commission who is on-site at the time of the sampling to determine what qualifies as different areas of the grow site. (3) In addition to any sampling conducted under OAR 603-048-0600, a representative of the State Department of Agriculture or the Oregon Liquor and Cannabis Commission may sample from an industrial hemp grow site licensed under ORS 571.281 for the purposes of conducting a presumptive test. (4) To conduct sampling for a presumptive test: (a) A minimum of three composite samples from mature cannabis plants or a minimum of three composite samples from immature cannabis plants must be collected. Each composite sample must be taken from a different production area, or if the grow site has less than three production areas with growing cannabis, each composite sample must be taken from three different areas of the grow site; (b) Grow sites with multiple production areas must have a composite sample collected from at least one out of every 10 separate production areas; and (c) Sampling is not required to be representative of the crop, grow site, or production area. (5) All cannabis plants at a grow site are presumptively marijuana for purposes of ORS 571.280 if sampling at the grow site meets any of the following criteria: (a) At least 50 percent of composite samples taken from mature cannabis plants test at or above five percent total delta-9-THC; (b) The average total delta-9-THC among the composite samples taken from mature cannabis plants tests at or above five percent; (c) At least 50 percent of composite samples taken from immature cannabis plants test at or above a 5:1 ratio of total THC to total CBD, with total CBD calculated as described in OAR 333-064-0100, and the total THC concentration of each composite sample exceeds 0.3 percent; (d) At least 50 percent of composite samples taken from immature cannabis plants test at or above one percent total delta-9-THC; or (e) The average total delta-9-THC among the composite samples taken from immature cannabis plants tests at or above one percent total delta-9-THC.