This morning the Oregon Liquor and Cannabis Commission (OLCC) held a public hearing on proposed hemp implementation rules following the RAC discussion on HB 4121.
One comment was received by Oregon Hemp Commission member Seth Crawford, who criticized the use of Orange Phytonyx lab boxes for presumptive marijuana testing of immature cannabis plants, opining that the results are inaccurate for both THC testing and cannabinoid ratios and will not hold up in court. Crawford also criticized the OLCC for not informing the Oregon Hemp Commission that it had begun drafting industrial hemp rules, and for not including the Hemp Commission in the rule-drafting process. Crawford further explained that the Hemp Commission was not provided enough time to seek input from stakeholders.
No other substantive comments were raised during the public hearing, with no mention at all of the newly proposed standards for the sale of artificially derived cannabinoids (ADCs) or updated product concentration limits for hemp product sales in the general market. The OLCC ended the meeting after only twenty minutes, seeing that no one else had come to testify on the rules.
Our Chief Legislative Strategist expresses concern for the lack of engagement by those operating within the Oregon hemp market:
It's unfortunate that despite numerous notices about the public hearing and rulemaking being sent out by OLCC and by both AgHS and EARTH Law to Oregon Hemp Licensees and broader industry stakeholders, the industry failed to show up to the public hearing to comment on rules that impact general market access for hemp-derived products (both non-intoxicating and intoxicating). Amidst serious challenges nationwide with state legislatures, agencies, and attempts by select Members of Congress to restrict market access for a myriad of hemp-derived products, this is an opportune time for the hemp-derived cannabinoids industry to positively impact rules and expand market access given the new authority we secured in HB 4121 during the 2024 Oregon Legislative Session. I respectfully urge the industry to engage now and submit comments during the remainder of the comment period, otherwise regulatory agencies will continue to overregulate and restrict access.
Submitting a public comment is an excellent way to make your voice heard, and can even impact future regulations as agencies maintain a record of public comments and may reference important issues raised by commenters when developing language in future rulemakings!
These new rules contain language that could pose challenges to small businesses and industry participants, including new per-container concentration limits, and a rocky timeline for the implementation of artificially derived cannabinoid standards for CBN that could make compliance difficult.
The best way to impact the proposed rule language is to participate in the public comment period. Luckily, although the hearing on draft rules for HB 4121 has passed, the public can still submit written comments to OLCC.Rulemaking@oregon.gov through the close of the public comment period on September 27 at 12:00 pm.
Here is a quick guide for submitting written comments to government agencies that makes comment writing quick, easy, and effective:
Review the OLCC’s proposed rules, or a summary blog on the key issues and determine what appears comment-worthy to you.
Get ready to write! Don’t sweat the small stuff. Don’t worry about needing to sound overly formal, your own voice and wording is perfectly fine.
Keep the tone respectful, you can disagree and be passionate without attacking the staff who will be reading your comments.
Introduce yourself and what your interests in this rulemaking are for example:
You are filing a comment as an individual with a story, state that you wish to explain how the rules may impact you, your family, or a friend/ colleague.
You are filing a comment as a small business, state that you wish to explain how the rules may impact business operations.
Explain any concerns you might have and note how you think the proposed rule may impact you, your community/loved ones, or your business.
Provide details if possible, such as rough estimates of cost numbers for businesses.
Share any professional knowledge or experiences that you think would be impactful.
Make clear requests or recommendations to improve the proposed rule.
Send it off to OLCC.Rulemaking@oregon.gov!
Make sure the subject line reasonably identifies the rule you are commenting on; if you feel stuck just use this one: "Comment on Oregon Liquor and Cannabis Commission Chapter 845 Proposed Rules."
If you get stuck, AgHS is available to help! Please reach out with any questions on these proposed rules, how they may impact your business, or any other questions regarding this update or filing a written comment: campaigns@agriculturalhempsolutions.com, 202-656-7023.
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