Oregon's new hemp guidelines go into impact subsequent week. As of Monday, July 1, 2024, all hemp retailers or wholesalers who retailer, switch or promote industrial hemp or hemp articles for resale to a different particular person should have a hemp vendor's license from the Division of 'Oregon Agriculture (ODA). The vendor's license price is $100 per 12 months and is legitimate from July 1 to June 30. You’ll find the appliance right here.
When you’ve got something to do with the hemp commerce in Oregon, both domestically or out of state, please learn this weblog publish fastidiously. The vendor's license requirement may be very broad and is certain to catch many individuals off guard.
The place did these new hemp laws come from?
The brand new guidelines are from Home Invoice 4121, which Governor Tina Kotek signed into regulation on March 20, 2024. This regulation coated concerns of marijuana and hemp. I annotated HB 4121 in my legislative preview right here and my session preview right here. I’d encourage anybody within the background of this new hemp vendor license program to learn these posts.
Following the session, the ODA undertook an expedited rulemaking spherical, and adopted OAR 603-048-0175 on June 5. It's a brief guidelines part, and value studying as nicely. It’s also possible to discover an FAQ-style abstract from ODA right here.
Does the brand new hemp vendor license apply to out of state sellers?
Sure! That is one thing uncommon in regards to the new program, which I highlighted in February and March. I'm not conscious of another state that has taken the same strategy, and I consider it’ll shock lots of people. That stated, the rule and the ODA FAQ are clear that each native and Out-of-state wholesalers and retailers require a hemp vendor's license. The requirement additionally applies to all on-line sellers who promote in, or out of, Oregon.
Who doesn't want a hashish vendor's license?
There are a handful of exceptions to the license requirement, pursuant to OAR 603-048-0175(1). These embody:
- Brokers. Or, as supplied by OAR 603-048-0175(1)(a), an individual who “solely facilitates the sale or switch by connecting consumers and sellers and the particular person doesn’t retailer articles of hemp or industrial hemp at any time.”
- The shippers. Or, as supplied in OAR 603-048-0175(1)(d), an individual who “transports solely hemp or articles of hemp and doesn’t hold [them] at any time aside from essential for transport or supply”.
- Licensed growers, handlers, or producers of agricultural hemp seed, supplied that the licensee “notifies first [ODA] of the place the place articles of commercial hemp are saved, transferred or bought within the license utility, or in one other type supplied by [ODA].”
- Oregon Liquor and Hashish Fee marijuana licensees.
What if I’ve a number of websites?
The principles are clear that “a vendor should receive a separate license for every vendor web site.” OAR 603-048-0175(3). In addition they present that “any unlicensed vendor web site recognized by [ODA] it’s a separate violation”. At one other $100 per web site (per 12 months), the price of compliance is small in comparison with the choice. Right here, additionally it is price noting that the ODA has dropped just a little on the worth: initially, the price was set at $200 per web site, however wholesalers and smaller retailers have pushed again and ODA has stepped in. For mid-year candidates, the price is just not prorated.
What else is altering in Oregon hemp?
A bit. HB 4121 covers a number of territory past hemp vendor registration necessities. In depth new guidelines are approaching all the things from the registration of hemp merchandise, to enforcement, to limiting the sale of hemp merchandise containing cannabinoids for human or animal consumption. The Oregon Secretary of State additionally issued a short lived administrative order on Could 16thwhich establishes standards for presumptive testing of hemp vegetation.
All these developments and adjustments are past the scope of at this time's publish. As an alternative, I’ll refer anybody to my earlier summaries linked above, or to HB 4121 itself (additionally linked above) for extra data. Lastly, I’d advocate that anybody energetic within the area hold updated on the ODA Assets, Newsletters and Trainings web page, and signal as much as obtain program e mail updates.
Oregon Hemp Alert: New Vendor License Requirement Takes Impact July 1
