Compliance_2021_04.pdf (472.7 KB)
Here is some additional information about what this means for particular categories of products:
• Concentrates or Extracts processed with Color Remediation Column (CRC): OLCC is aware that some Processors treat concentrates or extracts with reactive materials like bleaching clay. Bleaching clay reacts with the cannabinoids in a concentrate or extract to generate artificially derived cannabinoids. Concentrates or extracts processed in this manner prior to January 1, 2022 can continue to be sold until July 1, 2022. Concentrates or extracts processed in this manner on or after January 1, 2022 are not eligible for transfer to other licensees.
• Delta-8-THC: Until July 1, 2022, a licensee may transfer, sell, transport, purchase, possess, accept, return, or receive any marijuana or hemp item containing artificially derived Delta-8-THC if it was manufactured before January 1, 2022 and meets the other requirements of OAR 845- 025-1310(3).
Page | 4 of 12 OLCC Compliance Education Bulletin CE2021-04 Recreational Marijuana Rules (Effective January 1, 2022)
• Delta-9-THC: Artificially derived Delta-9-THC (e.g. Delta-9-THC manufactured from CBD) is not eligible to be transferred under these rules.
• “THCO,” HHC, etc.: OLCC is aware of a variety of novel artificially derived cannabinoids being sold online in the hemp market. We are not aware of any of these products currently being sold in the OLCC market because they are generally prohibited by OAR 845-025-3220(3). Sale of these artificially derived cannabinoids will continue to be prohibited because they are impairing or intoxicating so they cannot meet the requirements in OAR 845-025-1310(1).
• CBN: All existing artificially derived CBN products manufactured prior to January 1, 2022 can continue to be sold until July 1, 2022. Beginning July 1, 2022, artificially derived CBN products made prior to January 1, 2022 can only continue to be sold if they meet the requirements of OAR 845-025-1310(3) and the labeling requirements in OAR 845-025-7140. Artificially derived CBN products made on or after January 1, 2022 also need to meet the requirements of OAR 845- 025-1310(3) and, beginning July 1, 2022, comply with the labeling requirements in OAR 845-025- 7140. Beginning July 1, 2023, any artificially derived CBN products must meet the same requirements as any other artificially derived cannabinoid. See OAR 845-025-1310(1).
This rule does not prohibit a Processor from manufacturing artificially derived cannabinoids as long as the processing otherwise complies with OLCC rules and Oregon law. That manufacturing is effectively limited to research and development purposes only unless the artificially derived cannabinoid complies with OAR 845-025-1310(1). The Processor cannot allow any artificially derived cannabinoids to leave their licensed premises except in accordance with OAR 845-025-1310.