Current through Register Vol. 63, No. 3, March 1, 2024
(1) For purposes of
this rule, "cannabinoid product line" means industrial hemp cannabinoid
products as defined in 845-025-1015(43)(a)(C) or marijuana cannabinoid products
that may differ in flavor, color, or total delta-9-THC concentration or total
CBD concentration but may not differ in net quantity or any other
characteristic.
(2) The following
licensees and hemp certificate holders may provide samples within the limits
listed below to licensees for the purpose of determining whether to purchase
the product.
(a) A producer may provide a
sample of:
(A) Usable marijuana, or kief to a
marijuana producer, wholesaler, retailer or processor licensee; or
(B) A cannabinoid product, cannabinoid
extract, or cannabinoid concentrate that was made using only marijuana produced
by the producer to a marijuana processor, wholesaler, or retailer.
(b) A processor may provide a
sample of:
(A) A cannabinoid product,
concentrate, or extract to a marijuana producer, processor, wholesaler, or
retailer; or
(B) A hemp
concentrate, extract, or cannabinoid product to a marijuana processor,
wholesaler, or retailer.
(c) A wholesaler may provide a sample of
usable marijuana, a cannabinoid product, concentrate or extract, or a hemp item
to a marijuana wholesaler, retailer, or processor licensee.
(d) A hemp handler certificate holder may
provide a sample of a hemp item to a marijuana wholesaler, retailer, or
processor licensee.
(3)
The trade samples provided under this section:
(a) May not be consumed or used on a licensed
premises;
(b) May not be sold to
another licensee or consumer;
(c)
Must be transported in compliance with OAR 845-025-7700; and
(d) Must be tested in accordance with OAR
333-007-0300 to 333-007-0500.
(4) Trade Sample limits.
(a) A licensee is limited to providing the
following aggregate amounts of trade samples to an individual recipient
licensee in a calendar month period:
(A) 5
grams per strain and no more than 6 strains of usable marijuana or usable
hemp;
(B) 5 grams of cannabinoid or
hemp concentrates or extracts; and
(C) 5 units of sale per cannabinoid product
line and no more than 6 individual cannabinoid product lines.
(b) A wholesale licensee is
limited to providing the following aggregate amounts of trade samples per
originating licensee to an individual recipient licensee in a calendar month:
(A) 5 grams per strain and no more than 6
strains of usable marijuana or usable hemp;
(B) 5 grams of cannabinoid or hemp
concentrates or extracts; and
(C) 5
units of sale per cannabinoid product line and no more than 6 individual
cannabinoid product lines.
(5) Any sample given to a licensee shall have
a label containing the following in any legible font that is at least 1/16th of
an inch in height based on the lower case "o":
(a) A statement that reads: "TRADE SAMPLE NOT
FOR RESALE" in bold, capital letters attached to the trade sample;
(b) The product identity;
(c) The UID; and
(d) The net weight or contents of the trade
sample.
(6)
Reconciliation in CTS.
(a) When assigning and
affixing the UID tag, a licensee or hemp certificate holder must designate
samples as trade samples in CTS.
(b) Notwithstanding OAR 845-025-7520(3), each
cannabinoid product line intended as a trade sample must be assigned a single
unique product line name in CTS and may be assigned a single UID tag.
(c) Licensees accepting trade samples may
provide their employees with samples of hemp or marijuana items.
(d) When providing an employee a sample of a
hemp or marijuana item, a licensee must record the following in CTS:
(A) The reduction in quantity of the total
weight or item count as applicable under the associated UID for the
item;
(B) The date and time the
sample was provided to the employee;
(C) The worker permit number of the employee
receiving the sample; and
(D) The
name of the employee as it appears on their worker permit.
Statutory/Other Authority: ORS
475C.017,
475C.065,
475C.085,
475C.093 & 475C.097
Statutes/Other Implemented: ORS
475C.017,
475C.065,
475C.085,
475C.093 &
475C.097
