Oregon has become one of the leading states when it comes to both medical and recreational marijuana. The state has interestingly become an experimental state because the war on drugs is a war that can’t be one. Oregon legalized medical marijuana all the way back in 1998 after California. Then in 2014 they legalized recreational marijuana with Measure 91. The decriminalization of drugs in Oregon has allowed others to see the results for themselves. The state is in between a few states that have seen delta-8 THC as a threat to the traditional industry—but the relaxed laws of the state make it impossible to determine on your own. So, how does the state feel about delta-8 THC? In July of 2021, the state passed the House Bill 3000 that cleared up the possession laws, aligning them with the Farm Bill of 2018 so now Delta-8 THC is legal in Oregon.
OAR 603-048-0010 – Definitions
(15) “Hemp Item” has the meaning provided in OAR 603-048-2310.
(16) “Industrial hemp”:
(a) Means all non-seed parts and varieties of the Cannabis plant, whether growing or not, that contain an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.
(b) Means any Cannabis seed:
(A) That is part of a crop;
(B) That is retained by a grower for future planting;
(C) That is agricultural hemp seed;
(D) That is for processing into or for use as agricultural hemp seed; or
(E) That has been processed in a manner or to an extent that the Cannabis seed is incapable of germination.
(c) Does not mean:
(A) Industrial hemp commodities or products; or
(B) Marijuana, as that is defined in ORS 475B.015.
(17)(a) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and marijuana seeds.
(b) “Marijuana” does not include:
(A) Industrial hemp, as defined in ORS 571.269; or
(B) Prescription drugs, as that term is defined in ORS 689.005, including those containing one or more cannabinoids, that are approved by the United States Food and Drug Administration and dispensed by a pharmacy, as defined in ORS 689.005.
OAR 603-048-2310.– Definitions:
(16) “Cannabinoid hemp product”
(a) Means a hemp edible or any other product intended for human consumption including a hemp topical or hemp transdermal patch, that contains cannabinoids from industrial hemp or the dried leaves or flowers of hemp; or
(b) Usable hemp, hemp extracts and hemp concentrates that have been combined with an added substance.
(c) Cannabinoid hemp product does not include usable hemp by itself, hemp stalk by itself, a hemp concentrate or extract by itself, hemp seed incapable of germination by itself, or other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients.
(d) For sampling and testing purposes is equivalent to a cannabinoid product as that is defined in OAR 333-007-0310.
(17) “Hemp concentrate or extract”
(a) Means a substance obtained by separating cannabinoids from industrial hemp leaves, flowers, or stalk by a mechanical, chemical or other process.
(b) For sampling and testing purposes is equivalent to a cannabinoid concentrate or edible as that is defined in OAR 333-007-0310.
(19) “Hemp item”
(a) Means usable hemp, hemp stalk, a hemp cannabinoid product, or a hemp concentrate or extract.
(b) For sampling and testing purposes is equivalent to a marijuana item as that is defined in OAR 333-007-0310.
Public Health Division – Chapter 333
333-007-0310 – Definitions
(a) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.
(b) “Marijuana” does not include industrial hemp, as defined in ORS 571.300.
(39) “Marijuana item” means marijuana, usable marijuana, a cannabinoid product or a cannabinoid concentrate or extract.
(38) “THC” means tetrahydrocannabinol and has the same Chemical Abstracts Service Number as delta-9 THC.