BY TODD KEY, GREEN LIGHT LAW GROUP —

Amended regulations enacted by the OLCC became effective on Saturday February 1, 2020.   The Commission amended 50 existing regulations covering a wide variety of matters related to both the marijuana and hemp industries. The following amended regulations are specific to Packaging and Labeling:

• The former definition of “Activation Time” in the Packaging and Labeling definitions of OAR 845-025-7000 has been amended to include “hemp items,” which clarifies that all cannabinoid products are subject to the specific labeling requirements listed in OAR 845-025-7090 (Cannabinoid Edible Labeling Requirements), 845-025-7100 (Cannabinoid Concentrate and Extract Labeling Requirements), 845-025-7110 (Cannabinoid Tincture and Capsule Labeling Requirements), and 845-025-7120 (Cannabinoid Products Other than Cannabinoid Edibles, Topicals, Tinctures or Capsules). 

•  Similarly, the former definition of “Processor” is expanded to include kief processors licensed under ORS 475B.070 and hemp growers and handlers licensed under ORS 571.305. The change in definition will expand the number of businesses subject to labeling requirements in 845-025-7080, 845-025-7090, 845-025-7100, 845-025-7110, and 845-025-7120. 

•  New rules govern potency labeling of THC and CBD products that are tested on or after February 1, 2020. If laboratory testing indicates that the potency of either THC or CBD is below the limit of quantification, the result must be included on a label as “<LOQ”. Differences between laboratories and their methods are not addressed 

• Finally, OLLC added a subtle postscript to the prohibition on selling marijuana or hemp products in packages that are not resealable and continually child resistant (OAR 845-025-7170(6) Packaging and Labeling Prohibited Conduct). Now, the rule prohibits such conduct, but only “as required by these rules,” presumably clarifying that the prohibition does not create any new obligations other than those already stated in the relevant rules.  

Some regulations were amended much more substantially than others.  Green Light Law Group will continue to provide more analysis as to these regulations in the coming weeks.  In the meantime, we encourage licensees to review the regulations in detail to maintain compliance and if necessary, to contact our offices for more information.

For easier review, Green Light created a compilation of the newly enacted rules in sequential form: click here for the PDF. The individual regulations can also be found on OLCC’s site here.