Is Delta 8 THC Legal in Oregon?
Delta 8 THC is legal according to Oregon state law. Like federal law, Oregon specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.
On January 1, 2022, HB 2261, took effect in Oregon.
The legislation prohibits the shipment of “inhalant delivery systems” to any person in Oregon other than a distributor or a retailer (ORS 180.441(1)(A)). Thus, the legislation effectively prohibits direct-to-consumer (DTC) sales (including online sales) of the vast majority of vapor products in Oregon.
OAR – CHAPTER 603 – DIVISION 48 – INDUSTRIAL HEMP
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.
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