Final week, the Oregon Division of Agriculture (“ODA”) submitted a letter of intent to the U.S. Division of Agriculture (“USDA”) in which the state agency conveyed its choice to submit a state hemp strategy, pursuant to the Agriculture Improvement Act of 2018 (“2018 Farm Bill”).

In addition to legalizing the production of hemp by removing the crop from the list of controlled substances, the 2018 Farm Bill delegates to states and Indian tribes the broad authority to regulate and limit the production of hemp and hemp items inside their territories. Specifically, Subtitle G of the new Farm Bill sets forth a regulatory scheme by which states and Indian tribes could seek key regulatory authority more than hemp production. To get key regulatory authority, states and Indian tribes need to submit a strategy to the USDA Secretary for evaluation and approval. However, ahead of the Secretary could evaluation and approve state plans it need to promulgate guidelines and regulations pertaining to these plans.

As such, ODA Director Alexis Taylor expressed to the Secretary her department’s eagerness to get path from the USDA relating to specifications for state implementation plans. Particularly, Taylor raised the need to have for specifications in solving the expanding confusion surrounding interstate transportation of hemp. The ODA Director explained that delays in rule generating are subjecting Oregon’s hemp market to “unnecessary transportation and commerce restrictions” and additional stated that “having more guidance to let the flow of hemp in interstate commerce would be vital to farmers in Oregon.” Certainly, as we previously explained, the interstate transportation of hemp is lawful for hemp grown beneath a strategy authorized by the USDA, pursuant to the 2018 Farm Bill.

The ODA’s letter highlights the state’s robust regulation of the crop and the agency’s want to stay at the forefront of hemp production. The ODA’s sturdy aspirations for hemp had been also reflected domestically this previous week. Certainly, a couple of days ahead of it released its statement to the USDA, the Oregon division filed short-term hemp guidelines beneath Oregon Administrative Guidelines 603-048. The short-term guidelines, which became successful quickly, bring the ODA testing guidelines for industrial hemp intended for human consumption and hemp things in compliance with these of the Oregon Well being Authority (“OHA”) as expected by ORS 571.330. (That statute gives that industrial hemp intended for human consumption and hemp things need to be tested similarly to marijuana beneath OHA’s guidelines. The OHA not too long ago adopted new testing guidelines for marijuana, which forced the ODA to amend its guidelines.)

In addition to revising the ODA testing guidelines, the proposed guidelines clarify recordkeeping specifications. The Oregon division announced it would create a template that registrant growers and handlers will be capable to use to guarantee their recordkeeping sufficiently meets ODA specifications. The template will be released on the ODA’s web site as quickly as it will be obtainable. Ultimately, as we explained not too long ago, the state legislature will probably pass a hemp bill this session.

For a lot more info on Oregon hemp, please make contact with us.