Provision of Trade Samples: Newly Amended OLCC Regulations
Amended regulations enacted by the OLCC became effective on Saturday February 1, 2020. The Commission amended 50 existing regulations covering a wide variety of matters related to both the marijuana and hemp industries. Among them was Oregon Administrative Regulation 845-025-1330, which addresses regulations specific to Provision of Trade Samples. Notable changes to this regulation include:
- Expansion of the regulation to include industrial hemp cannabinoid products and application to both OLLC licenses as well as holders of hemp certificates.
- Hemp certificate holders can provide sample hemp items to marijuana wholesalers, retailers or processors (but not producers).
- The transport of samples, including applicable hemp items, must comply with the existing regulations addressing the transport of marijuana (OAR 845-025-7700).
- The prior sample limit of 30 grams per month of marijuana to an individual recipient licensee has been changed to no more than 5 grams of a particular strain and limited to 6 strains of marijuana or hemp. Similarly, with cannabinoid product lines, the limitation is no more than 5 units of sale of a specific line and no more than 6 individual product lines.
- The regulation requires reconciliation of sample provisions in CTS, requiring that sample materials also be labeled and designated as trade samples.
- The amended regulation contains additional requirements related to tracking provisions of samples to employees, including recording the amount provided, the date/time, and name of the employee as listed on their worker permit and their worker permit number.
A copy of Oregon Administrative Regulation 845-025-1330 with the exact language and changes discussed above is included in Green Light’s compilation of the newly amended regulations (in sequential form) and available here.The individual regulations can also be found on OLCC’s site here.
Some regulations were amended much more substantially than others. Green Light Law Group will continue to provide more analysis as to these regulations in the coming weeks. In the meantime, we encourage licensees to review the regulations in detail to maintain compliance and if necessary, to contact our offices for more information.