“Total THC” Rules

These are excerpts from some of the more important Oregon Department of Agriculture administrative rules pertaining to the “total THC” standard:

OAR 603-048-0010
(66) “Total THC” means the molar sum of THC and THCA.

OAR 603-048-0100
(6) Restriction on industrial hemp product sales:
(a) For the purposes of this section, “consumer” means a person who purchases, acquires, owns, holds or uses industrial hemp products other than for the purpose of resale.
(b) A registrant may not sell an industrial hemp product that contains more than 0.3 percent total THC to a consumer unless licensed as a retailer by OLCC.

OAR 603-048-0600
(4) If a grower uses a laboratory to perform testing and sampling the grower must ensure that the laboratory:
(a) Retains all documentation of sampling and testing for at least three years and can provide such documentation to the Department upon request.
(b) Complies with sample or matrix spike recovery requirements and Relative Percent Difference requirements as described in Exhibit B.
(c) Can demonstrate that its limit of quantification (LOQ) for THC is at or below 0.3 percent THC.
(d) Requires laboratory staff to complete sampling taraining with the Department prior to conducting sampling.
(e) Prior to January 1, 2020, tests for and reports the THC content of the harvest lot.
(f) On and after January 1, 2020, tests for and reports the total THC content of the harvest lot calculated in accordance with OAR 333-064-0100(4).

* * *
(7) To be sufficient to meet the required THC testing under these rules a grower must ensure that:
(a) Testing of a harvest lot is done by the laboratory according to the Department’s Testing Protocol prescribed in Exhibit B and incorporated by reference.
(b) All test results are reported by the laboratory electronically to the Department at HempTestReports@oda.state.or.us using the forms provided by the Department, and include for each sample tested:
(A) Grower’s name and registration number;
(B) Harvest lot identifier;
(C) Sample date;
(D) Sample size by weight;
(E) Testing date;
(F) Prior to January 1, 2020, THC percentage to the second decimal point only;
(G) On and after January 1, 2020, total THC percentage to the second decimal point only calculated in accordance with OAR 333-064-0100(4);
(H) At the request of the Department, the laboratory’s uncertainty level for THC testing of industrial hemp;
(I) Clear identification of the harvest lot by harvest lot identifier that corresponds to the sample and the location of the corresponding harvest lot’s production area;
(J) Copy of grower’s sampling request form required in section (5) of this rule; and
(K) Copy of the completed sampling form required in section (6) of this rule.
(c) If a sample fails testing a grower must ensure that:
(A) The laboratory sends the failed test report electronically to the Department at HempTestReports@oda.state.or.us using the forms provided by the Department within 24 hours of the failed test report.
(B) The laboratory sends failed test reports to the grower who requested the testing using the forms provided by the Department within 24 hours of the failed test report.
(C) The grower must comply with OAR 603-048-0630.
(d) Samples from a harvest lot do not exceed 0.35 percent or greater:
(A) THC on a dry weight basis, prior to January 1, 2020.
(B) Total THC on a dry weight basis on and after January 1, 2020.
(8) For testing done prior to January 1, 2020, a sample fails testing if the test report indicates that the sample contains THC of 0.35 percent or greater on a dry weight basis. If a sample from a harvest lot fails required THC testing under these rules the harvest lot fails required THC testing.
(9) For testing done on and after January 1, 2020, a sample fails testing if the test report indicates that the sample contains total THC content calculated in accordance with OAR 333-064-0100(4) of 0.35 percent or greater on a dry weight basis. If a sample from a harvest lot fails required THC testing under these rules the harvest lot fails required THC testing.
(10) If the test report indicates that the sample contains THC or total THC of less than 0.35 percent on a dry weight basis, as specified in sections (8) and (9) of this rule, and the harvest lot was sampled and tested in compliance with these rules, the harvest lot passes testing required by these rules. The Department considers samples reported to contain less than 0.35 percent THC or total THC as specified in sections (8) and (9) of this rule that were sampled and tested in compliance with these rules to satisfy the required THC concentration of no more than 0.3 percent.

OAR 333-064-0100(4)
(4) Calculating total THC and total CBD.

(a) Total THC must be calculated as follows, where M is the mass or mass fraction of delta-9 THC or delta-9 THCA:

M total delta-9 THC = M delta-9 THC + 0.877 x M delta-9 THCA.

(b) Total CBD must be calculated as follows, where M is the mass or mass fraction of CBD and CBDA:

M total CBD = M CBD + 0.877 x M CBDA.

(c) Each test report must include the total THC and total CBD.

OAR 603-048-0630
Failed Pre-Harvest Testing; Retesting

OAR 603-048-1000
Violations and Penalties
(4) Common violations are classified as follows:
(a) Class 1 violations include:
* * *
(I) Growing or handling hemp with:
(i) On or after January 1, 2020, total THC calculated in accordance with OAR 333-064-0100(4) that exceeds 3 percent on a dry weight basis; or
(ii) Prior to January 1, 2020, THC that exceeds 3 percent on a dry weight basis.
* * *
(b) Class 2 violations include, but are not limited to:
(A) Failing to ensure test reports for the THC content of each harvest lot is timely reported to the Department as required by 603-048-0400.
(B) Failing upon request to timely provide the Department with laboratory test results that verify compliance with these rules.
(C) Any other uncategorized violation.
(c) Class 3 violations include but are not limited to:
(A) Failure to keep or provide information or records as required by the Department;
(B) Growing or handling hemp with:
(i) On or after January 1, 2020, total THC calculated in accordance with OAR 333-064-0100(4) that exceeds 0.3 percent on a dry weight basis but does not exceed 3 percent total THC; or
(ii) Prior to January 1, 2020, THC that exceeds 0.3 percent on a dry weight basis but does not exceed 3 percent THC; and
(C) Failing to ensure failed test results of a hemp item are reported to the Department within 24 hours as required by OAR 603-048-2300.

OAR 603-048-1500
Retail Sale Requirements; Restrictions
(3) A person may not sell a hemp item to a consumer unless:
(a) The hemp item is tested in accordance with OAR 603-048-2300 to 603-048-2500; or
(b) The person obtains and maintains documentation that any hemp commodity or product used to make the hemp item was tested as required by subsection (3)(a) of this rule and the documentation demonstrates that the hemp item does not contain more than 0.3 percent total THC.