Oregon’s new proposed cannabis production regulations
On Monday, August 30, the Oregon Department of Agriculture (ODA) issued Suggest an update Its cannabis regulations.If you follow this blog, you may remember the HB 3000, one Per bill Covers a wide range of cannabis related issues.A clause of the new law authorizes ODA to update its existing rules to meet the requirements of the 2018 Farm Act and the United States Department of Agriculture (USDA) Final rules for cannabis production, And submit the state plan for review by the USDA before the end of the year.
If adopted in the current version, the proposed regulations will:
- Replace all references to registrants/registrants with licenses/licensees.
- Additional requirements for the grower’s application Meets the requirements of the U.S. Department of Agriculture’s final rules for hemp production and ensures compliance with the 2018 Farm Act.The new requirements include background check For growers and all “key players”. The main participants are managers and owners and those who have 20% or more economic interest in the business entity applying for the license.
- Clarify the inspection authority of official development assistance, Such as the agency’s ability to request inspections of planting sites before registration.
- Simplify the application process In a variety of ways, such as setting an application deadline of May 31, and allowing ODA to reject a large number of incomplete applications.
- Simplify the renewal process By reducing the renewal application requirements.
- Clarify the reason for rejection, Including felony convictions and major forgeries of certain growers.
- Update shipping requirements It now includes a copy of the bill of lading invoice, which provides the origin and destination of the factory buyer and seller as well as contact information.
- Change pre-harvest sampling requirements, Which will increase the time to obtain samples from 28 days to 30 days, and change the failed test to depend on the uncertainty measurement reported by the laboratory.
- clearly states The licensee is responsible for all activities on its licensed premises/facilities.
- Explain when official development assistance must revoke permits, For example, if the LUCS is submitted with the grower’s application, stating that the proposed land use is prohibited in the applicable area.
- Prohibit research sites on general growth sites.
- It is forbidden to co-locate marijuana plantations with medical marijuana plantations or recreational marijuana sites.
- Create corrective action plan requirements.
- Update and clarify the detention requirements. For example, the proposed rules allow persons subject to detention, seizure, embargo, or disposal orders to choose to submit a written request to harvest, move, or take other actions to protect harvested plots or cannabis items, while waiting for administrative procedures to challenge the ownership of the order.
- Update violation, Including a $10,000 civil fine for pre-harvest test results exceeding 10% of total THC. The current rules only provide for lighter financial penalties for three types of violations: a $2,500 level 1 violation, a $1,000 level 2 violation, and a $500 level 3 violation.
Stakeholders until October 22, 5pm Submit their written comments on these proposed rules to ODA’s rules coordinator, Alex Thomas. ODA will also hold a hearing later this month- Tuesday, September 28 – Review the rules. If approved, these rules will take effect in the 2022 licensing year (January 1st to December 31st, 2022). For more information on these new proposed rules, you can visit ODA Cannabis laws and rules Web page.