RegTalk: Oregon Adopts Final Hemp Regulations – Has Your CBD Been Tested?

The Oregon Department of Agriculture adopted final regulations for the hemp industry on May 15, 2019, which replace the temporary rules that were put in place in December.  The DOA’s regulations govern the production and processing of hemp in Oregon including the creation of extracted hemp products. The DOA’s website indicates that over 3,500 applicants received a hemp license for 2019, and Oregon expects to produce over 20,000 acres of hemp.

Now that the rules are effective, hemp products that are intended for human consumption must be tested  and labeled before they are sold to the public. CBD and other finished hemp products to be tested and reported to the state in the same manner as cannabis. The DOA may revoke the license of any grower or processor that fails to comply with this requirement.

Oregon’s hemp industry remains far ahead of other states, such as Connecticut, New Mexico and Utah, that are just enacting legislation to authorize commercial hemp programs.  As a leader in the industry, Oregon urged the USDA to expedite the implementation of the 2018 Farm Bill so that growers and handlers could export products to other states. 

Earlier this year, Oregon’s DOA issued a warning to the industry that states bordering Oregon were stopping trucks carrying hemp products, and charging the drivers with criminal violations. In the USDA’s response to Oregon’s letter, it indicated that the Farm Bill will be implemented for the 2020 growing season, which will open up interstate commerce.

Susan Ameel is a co-founder and partner at Global Regulatory Risk Advisors.