ORS 571.339: Limitations on industrial hemp transaction involving consumer; testing requirements; exception.

(1) For purposes of this section, “consumer” means a person that purchases, acquires, owns, holds or uses an industrial hemp commodity or product other than for the purpose of resale. (2) A person may not sell, transfer or deliver to a consumer an industrial hemp commodity or product that contains cannabinoids and is intended for human consumption unless: (a) The industrial hemp commodity or product has been tested in accordance with ORS 571.330 and any rules adopted pursuant to ORS 571.330; (b) If the hemp commodity or product is intended for human consumption by ingestion, the hemp commodity or product was processed in a facility licensed by the State Department of Agriculture under ORS 616.695 to 616.755 or in a facility in another state or jurisdiction that meets requirements substantially similar to requirements established under ORS 616.695 to 616.755; (c) The person obtains and maintains documentation of the results of the testing; (d) If the industrial hemp commodity or product is sold to a person under 21 years of age or any representations are made to the consumer about the concentration of delta-8-tetrahydrocannabinol, the results of the testing required under this subsection demonstrate the concentration of delta-8-tetrahydrocannabinol; (e) The industrial hemp commodity or product does not contain more than 0.3 percent tetrahydrocannabinol or the concentration of tetrahydrocannabinol allowed under federal law, whichever is greater; and (f) The industrial hemp commodity or product does not exceed the concentration of adult use cannabinoids established by the Oregon Liquor and Cannabis Commission, in conjunction with the Oregon Health Authority and State Department of Agriculture, by rule. (3) The testing required under subsection (2) of this section may be conducted only by: (a) A laboratory licensed by the commission under ORS 475C.548 and accredited by the authority under ORS 475C.560; or (b) If the industrial hemp commodity or product was processed outside of this state, a laboratory accredited to the same or more stringent standards as a laboratory described in paragraph (a) of this subsection. (4) A person may not sell or deliver an adult use cannabis item to a person under 21 years of age. (5) This section does not apply to the retail sale of industrial hemp commodities or products by a marijuana retailer, as defined in ORS 475C.009, that holds a license issued under ORS 475C.097. [2017 c.531 §4; 2018 c.116 §16; 2021 c.542 §32]