On Monday August 23, 2021, AHPA submitted comments to the Oregon Liquor Control Commission (OLCC) in response to the recent enacted Emergency Rule titled “Adult Use Cannabis and Hemp Concentration Limits.” This temporary stipulates that an industrial hemp product (including oral use and topical products) is an adult use cannabis item if it contains 0.5 mg or more of 1) any combination of tetrahydrocannabinols or tetrahydrocannabinolic acids, including delta-9-tetrahydrocannabinol or delta-8-tetrahydrocannabinol, or 2) any other cannabinoids advertised by the manufacturer or seller as having an intoxicating effect. It also prohibits the use of any quantity of artificially-derived cannabinoids. The emergency rule became effective July 19, 2021, and will be in place until December 31, 2021.
AHPA’s comments state that this emergency rule appears to apply to an entire package of a finished industrial hemp product, irrespective of the mass of the product, rather than to an individual serving of the product. While the intention of this emergency rule is the prohibition of the sale of potentially intoxicating cannabis products to minors, it appears to inadvertently classify some hemp products as adult use cannabis products. Based on the 0.5 mg limit for total tetrahydrocannabinols for an entire hemp product (rather than a per serving limit), AHPA is concerned that many hemp products that are not intoxicating are now classified as adult use cannabis products under this emergency rule, despite meeting the federal definition of hemp.
In its comments, AHPA requested that the language of the emergency rule be amended to express a “per serving” limit rather than the current per product limitation for total tetrahydrocannabinols. If it is not possible to amend the emergency rule, AHPA requested that any final rule pertaining to total tetrahydrocannabinols concentration limits applied to hemp products be expressed as “per serving” limits for clarity.
“With the emergence of many cannabinoid-containing products on the market, we understand the OLCC taking action to educate and protect consumers against products that may be perceived as intoxicating,” stated Jane Wilson, AHPA’s director of program development. “Our comments present a reasonable amendment that would avoid unnecessary restriction of non-intoxicating hemp products to the adult use cannabis sales channel.”