Not sure if this info is valuable to anyone here but I figured I share since I’ve been going back and forth with OLCC regarding d8 for about 6 months now. Their most recent response boils down to no d8 can be transferred into to OLCC from ODA, but the d8 itself is okay if it’s converted by OLCC license holders. We are ODA with an OLCC endorsement so we transfer finished products into OLCC and do not fit the criteria. Edit: After rereading the paragraph about 845-025-2755 it actually looks like a no go for OLCC licensees as well “Because the isomerization of CBD to THC and the addition of Δ8-THC is prohibited under OLCC rules” but I am NOT a lawyer
But at the end they clarified " This does not impact the status of hemp-derived Δ8-THC in the general market in Oregon. The Oregon Department of Agriculture is responsible for the regulation of hemp-derived products outside of the OLCC-regulated system." I honestly have not seen d8 for sale at any CBD stores or headshops here in Oregon, but I’m sure it’s around.
At the end of the day I’ve got tested d8 stuck in METRC , oops.
Full email:
The OLCC has evaluated information related to Δ8-THC and the process of isomerizing CBD to THC and determined that:
- Isomerizing CBD to Δ8-THC or Δ9-THC violates OAR 845-025-3220(3). Treating CBD with a catalyst to convert it to THC increases the potency, so it is prohibited under this rule.
- Adding Δ8-THC to a marijuana item increases the potency, so it violates OAR 845-025-3220(3).
Under OAR 845-025-2785(7), all requirements for marijuana items under OLCC’s rules apply to hemp items within the OLCC system, so the information above applies to the isomerization of hemp-derived CBD and the use of hemp-derived Δ8-THC within the OLCC-regulated marijuana market as well.
Under OAR 845-025-2755(3)(a)(C), a hemp handler with an OLCC hemp certificate can only transfer hemp items that comply with the requirements for marijuana items under OLCC’s rules. Because the isomerization of CBD to THC and the addition of Δ8-THC is prohibited under OLCC rules, isomerized Δ8-THC and hemp items containing Δ8-THC cannot be transferred to OLCC licensees.
This does not impact the status of hemp-derived Δ8-THC in the general market in Oregon. The Oregon Department of Agriculture is responsible for the regulation of hemp-derived products outside of the OLCC-regulated system.
Rules referenced:
- OAR 845-025-3220(3): “A processor may not treat or otherwise adulterate a cannabinoid product, concentrate or extract with any additive or substance that would increase potency, toxicity or addictive potential, or that would create an unsafe combination with other psychoactive substances….”
- OAR 845-025-2785(7): “All requirements for marijuana items under ORS 475B.010 to 475B.395, 475B.550 to 475B.590 and 475B.600 to 475B.655 and any rules adopted thereunder apply to industrial hemp and hemp items received, delivered, or manufactured by a licensee or laboratory licensee unless specifically excluded by these rules.”
- OAR 845-025-2755(3): “When transferring, selling, or transporting pursuant to subsection (2) of this rule a Commission-certified hemp handler:
(a) May only transfer, sell, or transport industrial hemp and hemp items that: […]
(C) Otherwise complies with the requirements for marijuana items under ORS 475B.010 to 475B.545, ORS 475B.550 to 475B.590, and 475B.600 to 475B.655 and Commission rules.”