Chapter 571 — Chapter 571
168 sections in this chapter.
ORS 571.272 Regulation by department; commodities. (1) Industrial hemp is an agricultural product that is subject to regulation by the State Department of Agriculture
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(2)(a) For purposes of ORS chapter 616, the department may not consider industrial hemp or industrial hemp commodities or products to be an adulterant. (b) Paragraph (a) of this subsection does not prohibit the department from considering artificially derived cannabinoids to be a…
ORS 571.275 Commission powers regarding industrial hemp; notice. (1) The Oregon Liquor and Cannabis Commission may purchase, possess, seize or dispose of industrial hemp products or commodities located on a premises licensed under ORS 475C.065, 475C.085, 475C.093, 475C.097 or 475C.548 or other area under the control of the premises licensee as the commission deems necessary to enforce and ensure compliance with
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(a) ORS 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.600 to 475C.648 or rules adopted by the commission relating to ORS 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.600 to 475C.648; or (b) Any provision in ORS 571.260 to 571.348 or in rules adopted by the commission o…
ORS 571.278 Industrial Hemp Fund. There is established in the State Treasury, separate and distinct from the General Fund, the Industrial Hemp Fund. Interest earned by the fund shall be credited to the fund. The fund shall consist of all moneys credited to or deposited in the fund. Moneys in the fund are continuously appropriated to the State Department of Agriculture for the purposes of implementing, administering and enforcing ORS 571.260 to 571.348. [2018 c.116 §30]
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Note: See note under 571.260.
ORS 571.280 Methodology to distinguish marijuana and industrial hemp. (1) As used in this section
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(a) “Industrial hemp” has the meaning given that term in ORS 571.269. (b) “Marijuana” has the meaning given that term in ORS 475C.009. (2) The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, shall develop by rule a methodology to d…
ORS 571.281 Grower and handler license; records; inspection; nonconforming crop; fees; rules. (1)(a) To grow or handle industrial hemp, a person must be licensed by the State Department of Agriculture as a grower or handler
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(b) The department may identify by rule activities related to growing or handling hemp in addition to those described in ORS 571.269 and may require licensure to engage in those activities. The department may issue, renew, suspend, revoke or refuse to issue or renew a license req…
ORS 571.282 Interagency agreement regarding inspections; rules. (1) The State Department of Agriculture may enter into an interagency agreement with the Oregon Liquor and Cannabis Commission to allow representatives of the commission to carry out inspections of industrial hemp crops under ORS 571.281 (7) throughout this state
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(2) The department and the commission may adopt rules to carry out this section. [2024 c.16 §4] Note: See note under 571.260.
ORS 571.283 Law enforcement and public officials accompanying inspectors; rules. The State Department of Agriculture shall adopt rules to allow
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(1) Law enforcement officers to accompany representatives of the department to an industrial hemp operation for the purposes of providing protection to the department’s representatives; and (2) Public employees and officials who are responsible for the enforcement of state and lo…
ORS 571.284 National Guard assistance for inspections. The Governor may order that the Oregon National Guard provide assistance and support to the State Department of Agriculture and law enforcement in carrying out inspections of industrial hemp crops under ORS 571.281 (7) and other duties of the department related to the enforcement of ORS 571.260 to 571.348. [2024 c.16 §6]
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Note: See note under 571.260.
ORS 571.285 Revocation or refusal of licensure; rules. (1) Subject to the provisions of ORS chapter 183, the State Department of Agriculture may revoke a licensee’s license or refuse to issue or renew the license if a licensee violates
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(a) A provision of ORS 571.260 to 571.348; (b) A rule adopted under a provision of ORS 571.260 to 571.348; (c) An order issued by the department pursuant to a provision of ORS 571.260 to 571.348 or a rule adopted under a provision of ORS 571.260 to 571.348, including an order of …
ORS 571.287 Requirement to conduct criminal records check on applicant for grower license. (1) The State Department of Agriculture shall conduct a criminal records check under ORS 181A.195 on an individual who submits an application for a grower license under ORS 571.281
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(2) For the purpose of requesting a state or nationwide criminal records check, the department may require fingerprints of any individual listed on an application submitted under ORS 571.260 to 571.348, including: (a) If the applicant is a limited partnership, each partner of the…
ORS 571.288 [Formerly 571.318; 2021 c.542 §25; renumbered 571.290 in 2021]
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[Repealed or reserved.]
ORS 571.289 Ineligibility for license; grounds for denial, revocation or refusal of license; exception. (1) Except as provided in subsection (2) of this section
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(a) If a person has been convicted of a felony related to a controlled substance under state or federal law, the person is ineligible for a license under ORS 571.281 to grow hemp issued by the State Department of Agriculture for 10 years following the date of the person’s convict…
ORS 571.290 Industrial hemp propagation. A grower licensed under ORS 571.281 may use any propagation method, including planting seeds or starts or the use of clones or cuttings, to produce industrial hemp. [Formerly 571.288]
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Note: See note under 571.260.
ORS 571.291 Crop location. A grower shall provide the State Department of Agriculture, in a time, form and manner prescribed by the department, with an accurate description and global positioning system coordinates of the property on which the grower’s crop is or will be located. [Formerly 571.321]
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Note: See note under 571.260.
ORS 571.294 Charges for sampling or testing; fee. The State Department of Agriculture may charge growers and handlers licensed under ORS 571.281 fees reasonably calculated by the department to pay the cost of sampling or testing industrial hemp or industrial hemp commodities or products under ORS 571.330 and 571.333. Moneys from fees charged under this section shall be deposited in the Industrial Hemp Fund established under ORS 571.278. [2018 c.116 §10; 2021 c.542 §26]
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Note: See note under 571.260.
ORS 571.295 Registration program for industrial hemp products; information requirements; labeling requirements; fees; rules; exceptions. (1) As used in this section and ORS 571.296 and 571.297, “cannabinoid” means any of the chemical compounds that are the active constituents derived from industrial hemp
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(2)(a) The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, shall establish a registration program for industrial hemp products that contain cannabinoids and are intended for human or animal consumption or use. An industrial hemp pr…
ORS 571.296 Prohibited sale, transfer or delivery. A person may not sell, transfer or deliver to a consumer in this state an industrial hemp product that contains cannabinoids and is intended for human or animal consumption or use that
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(1) Is not registered under ORS 571.295. (2) Does not bear a label that meets the requirements of ORS 571.295, or bears a label that does not precisely indicate the contents of the container or that may deceive a consumer regarding the nature, composition, quantity, age or qualit…
ORS 571.297 Orders prohibiting disposal, distribution or use of industrial hemp products. Subject to ORS chapter 183, the Oregon Liquor and Cannabis Commission may
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(1) If the commission has reasonable cause to believe that any quantity or lot of industrial hemp product that contains cannabinoids and is intended for human or animal consumption or use is sold, transferred or delivered in violation of ORS 571.295 or 571.296 or rules adopted pu…
ORS 571.298 Civil penalty. In addition to any other liability or penalty provided by law, the Oregon Liquor and Cannabis Commission may impose a civil penalty, in the manner provided in ORS 183.745, not to exceed $10,000 for each violation of a provision of ORS 571.295, 571.296 or 571.297, a rule adopted pursuant to ORS 571.295, 571.296 or 571.297 or an order issued by the commission under ORS 571.297. Moneys collected under this section shall be deposited in the General Fund and be available for general governmental purposes. [2024 c.16 §14]
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Note: See note under 571.260.
ORS 571.299 Rules. The Oregon Liquor and Cannabis Commission may adopt rules to carry out ORS 571.295 to 571.298. [2024 c.16 §14a]
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Note: See note under 571.260.
ORS 571.300 [2009 c.897 §1; 2015 c.503 §1; 2016 c.71 §1; 2017 c.531 §1; 2018 c.116 §27; renumbered 571.269 in 2019]
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[Repealed or reserved.]
ORS 571.302 [2018 c.116 §7; 2021 c.542 §27; renumbered 571.325 in 2021]
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[Repealed or reserved.]
ORS 571.303 [2016 c.71 §4; renumbered 571.272 in 2019]
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[Repealed or reserved.]
ORS 571.305 [2009 c.897 §2; 2015 c.503 §2; 2016 c.71 §2; 2018 c.116 §28; renumbered 571.281 in 2019]
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[Repealed or reserved.]
ORS 571.306 Transport, receipt of industrial hemp, certain industrial hemp commodities or products. (1) A person licensed under ORS 571.281 or a laboratory licensed under ORS 475C.548 may, within the boundaries of this state, transport or receive industrial hemp or an industrial hemp commodity that contains no more tetrahydrocannabinol than allowed by the State Department of Agriculture by rule if the industrial hemp or industrial hemp used in the industrial hemp commodity originated from a crop that was found to not contain an average tetrahydrocannabinol concentration exceeding the concentration specified by the department by rule
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(2) A person licensed under ORS 475C.085, 475C.093 or 475C.097 may, within the boundaries of this state, receive from a person licensed under ORS 571.281 industrial hemp or an industrial hemp commodity or product that contains no more tetrahydrocannabinol than allowed by the Oreg…
ORS 571.309 Industrial hemp product concentration, serving standards; rules. The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, shall adopt rules to establish
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(1) The maximum concentration of tetrahydrocannabinol permitted in a single serving of an industrial hemp product; (2) The maximum concentration of any other cannabinoid, adult use cannabinoid or artificially derived cannabinoid that is permitted in a single serving of an industr…
ORS 571.312 [2021 c.542 §18; 2021 c.542 §18d; repealed by 2024 c.16 §16]
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[Repealed or reserved.]
ORS 571.315 [2009 c.897 §3; 2015 c.1 §80; 2016 c.71 §10; renumbered 571.285 in 2019]
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[Repealed or reserved.]
ORS 571.316 Required reporting to department; rules. (1) The State Department of Agriculture shall adopt rules to require that a grower licensed under ORS 571.281 accurately report to the department
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(a) That the grower does not intend to plant an industrial hemp crop at the location for which a license is issued under ORS 571.281; or (b) Any loss of all or part of an industrial hemp crop. (2) The rules adopted under this section must include a timeline for reporting to the d…
ORS 571.318 [2016 c.71 §5; renumbered 571.288 in 2019]
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[Repealed or reserved.]
ORS 571.319 Destruction, remediation of specified industrial hemp crop; rules. (1) If the industrial hemp crop of a grower licensed under ORS 571.281 is found to contain an average tetrahydrocannabinol concentration that exceeds the limit described in ORS 571.281 (7) and the State Department of Agriculture requires the grower to destroy or remediate the industrial hemp crop, the grower shall provide documentation to the department of the destruction or remediation
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(2) The department shall adopt rules to carry out this section, including rules to specify acceptable documentation for purposes of subsection (1) of this section and timelines for providing the documentation to the department. [2021 c.542 §18b; 2021 c.542 §18f] Note: See note un…
ORS 571.321 [2016 c.71 §6; renumbered 571.291 in 2019]
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[Repealed or reserved.]
ORS 571.322 Planting of industrial hemp crop, commitment of violation as grounds for refusal to issue license; corrective action plan; rules. (1)(a) Except as provided in paragraph (b) of this subsection, if a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to applying for a grower license under ORS 571.281, the State Department of Agriculture shall refuse to issue a license to the person
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(b) If the crop described in paragraph (a) of this subsection is removed and the department determines that the violation is resolved, the person described in paragraph (a) of this subsection may apply for a license under ORS 571.281. (2) If a person plants an industrial hemp cro…
ORS 571.324 [2016 c.71 §7; repealed by 2018 c.116 §32]
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[Repealed or reserved.]
ORS 571.325 Agricultural hemp seed labeling and certification; rules. (1) For purposes of ORS 633.511 to 633.750, agricultural hemp seed is an agricultural seed or a flower seed, as those terms are defined in ORS 633.511
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(2) The Director of Agriculture, or the director’s agent, and the Dean of the College of Agricultural Sciences of Oregon State University, or the dean’s agent, shall establish a program for the labeling and certification of agricultural hemp seed. For purposes of the program: (a)…
ORS 571.327 Hemp seed sales; packaging; rules. (1) An agricultural hemp seed producer licensed under ORS 571.281
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(a) Must sell agricultural hemp seed in a manner that complies with any standard established by the Director of Agriculture under ORS 633.511 to 633.750; and (b) May sell agricultural hemp seed only if the agricultural hemp seed meets any packaging or labeling requirement, or any…
ORS 571.330 Laboratory testing; limitation on sales, transfers; rules. (1)(a) A laboratory licensed by the Oregon Liquor and Cannabis Commission under ORS 475C.548 and accredited by the Oregon Health Authority pursuant to ORS 475C.560 may test industrial hemp and industrial hemp commodities and products whether or not the industrial hemp or industrial hemp commodities or products were produced or processed by a licensee
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(b) An accredited independent testing laboratory that has been approved by the authority or the State Department of Agriculture may test industrial hemp and industrial hemp commodities and products whether or not the industrial hemp or industrial hemp commodities or products were…
ORS 571.333 Industrial hemp crop concentration standards; test results. (1) The State Department of Agriculture may enter into an agreement with the Oregon Health Authority for the purpose of developing standards for investigating and testing an industrial hemp crop to determine the average tetrahydrocannabinol concentration of the crop
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(2) In accordance with standards developed under subsection (1) of this section, a laboratory described in ORS 571.330 may test an industrial hemp crop for the purpose of determining the average tetrahydrocannabinol concentration of the crop. The laboratory must provide the test …
ORS 571.336 Delivery of industrial hemp to marijuana processor; processing and delivery of hemp marijuana supplements; fee; appropriation. (1) As used in this section, “licensee,” “marijuana,” “marijuana item” and “marijuana processor” have the meanings given those terms in ORS 475C.009
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(2) A grower licensed under ORS 571.281 may deliver industrial hemp, and a handler licensed under ORS 571.281 may deliver industrial hemp concentrates and industrial hemp extracts, to a marijuana processor that holds a license issued under ORS 475C.085, if: (a) The grower or hand…
ORS 571.337 Processor, retailer and wholesaler transaction involving industrial hemp commodity or product; rules. (1) As used in this section
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(a) “Processor” means a person licensed under ORS 475C.085. (b) “Retailer” means a person licensed under ORS 475C.097. (c) “Wholesaler” means a person licensed under ORS 475C.093. (2) A processor, retailer or wholesaler may purchase, receive, transfer, sell or transport industria…
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
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(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 …
ORS 571.341 [2018 c.116 §15a; 2021 c.351 §290; repealed by 2021 c.542 §34]
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[Repealed or reserved.]
ORS 571.345 Remediation for unintentional violation; rules. The State Department of Agriculture may by rule or order establish a process providing for the remediation of a violation of ORS 571.330 or 571.333 that is committed by a grower or handler licensed under ORS 571.281 and is not committed intentionally. [2018 c.116 §9; 2021 c.542 §33]
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Note: See note under 571.260.
ORS 571.348 Civil penalty; appropriation. (1) Subject to the provisions of ORS chapter 183, the State Department of Agriculture may impose a civil penalty not to exceed $2,500 on a person for violating
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(a) A provision of ORS 571.260 to 571.348; (b) A rule adopted under a provision of ORS 571.260 to 571.348; or (c) An order issued by the department pursuant to a provision of ORS 571.260 to 571.348 or a rule adopted under a provision of ORS 571.260 to 571.348. (2) In addition to …
ORS 571.350 [Formerly 576.800; renumbered 571.650 in 2021]
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[Repealed or reserved.]
ORS 571.355 [Formerly 576.805; renumbered 571.655 in 2021]
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[Repealed or reserved.]
ORS 571.360 [Formerly 576.810; renumbered 571.660 in 2021]
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[Repealed or reserved.]
ORS 571.365 [Formerly 576.815; 2011 c.597 §234; renumbered 571.665 in 2021]
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[Repealed or reserved.]
ORS 571.370 [Formerly 576.821; renumbered 571.670 in 2021]
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OREGON HEMP COMMISSION
ORS 571.400 Definitions for ORS 571.400 to 571.501. As used in ORS 571.400 to 571.501
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(1) “Fiscal year”: (a) Except as provided in paragraph (b) of this subsection, means the 12-month period commencing on July 1 and ending on June 30. (b) If adopted by rule by the Oregon Hemp Commission, means the 12-month period commencing on January 1 and ending on December 31. …