OLCC Empowered To “Reduce” Pesticide Testing If Log Jam Occurs

By Stash Jones

Oregon Cannabis Connection

The Oregon Health Authority (OHA) Oregon Medical Marijuana Program (OMMP) has adopted new rules for testing and labeling of marijuana items and related to dispensaries and processors. The OHA regulates medical marijuana dispensaries and processors, and they also establish rules and standards for testing and labeling marijuana items. The rules intend to clarify the new requirements surrounding the testing and labeling.

The rules clarify what is allowed before the October first date and what is required after, and when the old items must be removed from the shelves. They explain the difference in labeling for before and after the dates, and who is allowed to transfer and when those dates take effect.

Most significantly, the rules were amended to allow the Oregon Liquor Control Commission (OLCC) to “reduce pesticide testing for batches from a harvest lot if there is insufficient laboratory capacity to handle all the testing.” This would be allowed until March 1st, 2017, according to the memo released today.

New Rules (OAR 333) here.

OLCC Memo on changes here.

OHA Memo:

FROM: André Ourso, Manager

Oregon Medical Marijuana Program

RE: Notice of Temporary Rulemaking for OAR chapter 333, divisions 7 and 8 – “Testing and labeling of marijuana items and related operation of registered dispensaries and processors”

The Oregon Health Authority, Public Health Division, Oregon Medical Marijuana Program is temporarily adopting and amending administrative rules in chapter 333, divisions 7 and 8 pertaining to testing, packaging and labeling of marijuana items and related to the operation of registered dispensaries and processors.

The Oregon Health Authority regulates medical marijuana dispensaries and processors, and establishes rules and standards for testing and labeling marijuana items. As of October 1, 2016 registrants must comply with permanent rules related to the transfer of marijuana items and the packaging, labeling and testing of marijuana items. Marijuana items already transferred into dispensaries prior to October 1, 2016 may not be in compliance with the permanent rules. These temporary rules seek to clarify the requirements for the transfer, testing, packaging and labeling of those items on or after October 1, 2016. These temporary rules clarify that for a registrant to transfer a marijuana item on or after October 1, 2016, the marijuana item must have a label and package that complies with the new rules but is not required to have gone through the Oregon Liquor Control Commission’s pre-approval process. These rules also provide that a marijuana item that was transferred to a registered dispensary prior to October 1, 2016 is not required to have a label with a harvest date, harvest lot number, date the product was made, or the process lot number if that information is not known to the registrant. Lastly, the rules give the Commission the discretion to reduce pesticide testing for batches from a harvest lot if there is insufficient laboratory capacity to handle all the testing. This reduced testing would only be permitted until March 1, 2017.

This rulemaking is effective September 30, 2016 – March 1, 2017.

For more details, please see the full text of the rules at the following website:

www.healthoregon.org/ommprules

If you have any questions or would prefer a hardcopy be sent, please contact PublicHealth.Rules@state.or.us.

• 333-007-and-008-TEMP-CO.pdf
• 333-007-and-008-TEMP-Need-and-Justification.pdf
• 333-007-and-008-TEMP-rule-text-09-30-16.pdf