Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the purpose
of this rule:
(a) "Crop" has the meaning
given that term in OAR
603-048-0010.
(b) "Composite Sample" means cuttings from at
least five cannabis plants removing the top five to eight inches and
compositing in one receptacle for purposes of testing.
(c) "Grow site" has the meaning given that
term in OAR 603-048-0010.
(d) "Presumptive test" means testing in
accordance with this rule.
(e)
"Production area" has the meaning given that term in OAR
603-048-0010.
(2) For the purposes of this rule:
(a) The number of production areas at a grow
site is determined by a representative of the State Department of Agriculture
or the Oregon Liquor and Cannabis Commission who is on-site at the time of the
sampling. The representative may consider documents submitted by the licensee
associated with the grow site and the number of production areas at the site
actively producing cannabis at the time of the sampling.
(b) It is within the discretion of a
representative of the State Department of Agriculture or the Oregon Liquor and
Cannabis Commission who is on-site at the time of the sampling to determine
what qualifies as different areas of the grow site.
(3) In addition to any sampling conducted
under OAR 603-048-0600, a representative
of the State Department of Agriculture or the Oregon Liquor and Cannabis
Commission may sample from an industrial hemp grow site licensed under ORS
571.281 for the purposes of
conducting a presumptive test.
(4)
To conduct sampling for a presumptive test:
(a) A minimum of three composite samples from
mature cannabis plants or a minimum of three composite samples from immature
cannabis plants must be collected. Each composite sample must be taken from a
different production area, or if the grow site has less than three production
areas with growing cannabis, each composite sample must be taken from three
different areas of the grow site;
(b) Grow sites with multiple production areas
must have a composite sample collected from at least one out of every 10
separate production areas; and
(c)
Sampling is not required to be representative of the crop, grow site, or
production area.
(5) All
cannabis plants at a grow site are presumptively marijuana for purposes of
Section 2 of 2024 Oregon Laws Chapter 16 if sampling at the grow site meets any
of the following criteria:
(a) At least 50
percent of composite samples taken from mature cannabis plants test at or above
five percent total delta-9-THC;
(b)
The average total delta-9-THC among the composite samples taken from mature
cannabis plants tests at or above five percent;
(c) At least 50 percent of composite samples
taken from immature cannabis plants test at or above a 5:1 ratio of total THC
to total CBD, with total CBD calculated as described in OAR
333-064-0100, and the total THC
concentration of each composite sample exceeds 0.3 percent;
(d) At least 50 percent of composite samples
taken from immature cannabis plants test at or above one percent total
delta-9-THC; or
(e) The average
total delta-9-THC among the composite samples taken from immature cannabis
plants tests at or above one percent total delta-9-THC.
Statutory/Other Authority: ORS
475C.017 & 2024 OL Ch. 16
Sec. 2
Statutes/Other Implemented: 2024 OL Ch. 16 Sec.
2
