Skip to main content

Oregon State Flag An official website of the State of Oregon »

Oregon.gov Homepage

Selling Hemp in Oregon

There are three main categories of hemp products:

  • Grain: Products made from hemp seeds. This includes hemp hearts, hemp milk, hemp protein, hemp seed oil, etc.
  • Fiber: Products made from hemp stalks. This includes textiles, clothing, rope, paper, and industrial materials made from hemp fiber.
  • Cannabinoid hemp: Products containing cannabinoids from hemp. This includes smokable hemp flower; hemp concentrates, extracts, and vape products; and edibles, tinctures, and topicals made with cannabinoids derived from hemp. CBD products are the most common cannabinoid hemp products.

This page focuses specifically on requirements for selling cannabinoid hemp to consumers in Oregon. For information about selling hemp grain and fiber products, as well as additional information about selling cannabinoid hemp products, check with the Oregon Department of Agriculture (ODA).

In Oregon, no specific license is required to sell cannabinoid hemp products. However, you may need other kinds of licenses depending on the types of products that you want to sell:

  • Food Safety license: If you are selling any products that will be consumed by mouth (hemp gummies, tinctures, etc.), you likely need to have a Food Safety license from the ODA. For more information about Food Safety licenses, visit the ODA Food Safety webpage.
  • Tobacco Retail License: If you are selling hemp vape products, you will likely need to have a Tobacco Retail License from the Oregon Department of Revenue (DOR). This license is required for anyone selling “inhalant delivery systems" as defined ORS 431A.175, which includes cannabinoid vaping cartridges and devices. Some parts of the state have local tobacco licensing programs and do not require a DOR Tobacco Retail License. This requirement does not apply to OLCC-licensed marijuana Retailers selling vape products. For more information, see the DOR Tobacco Retail License webpage.
  • Other local licensing: Cities and counties may require additional licensing for certain business activities. Consult your local city or county.

Requirements for selling hemp items to consumers are slightly different for OLCC-licensed marijuana retailers than for general market retailers. 


  • Testing requirements: Any cannabinoid hemp product intended for human consumption (inhaled, eaten, or applied topically) must undergo compliance testing before being sold, and the retailer selling the item must have a copy of these compliance test results. If the retailer does not have a copy of the test results, the item cannot be sold.

If the product was manufactured in Oregon, the required testing must be conducted by an OLCC-licensed laboratory. If the product was manufactured outside of Oregon, the required testing may be conducted by a laboratory accredited to the same or more stringent standards as an OLCC-licensed laboratory, or by an OLCC-licensed laboratory.

  • Age restrictions: Certain cannabinoid hemp products cannot be sold to a minor under 21 years of age. A product can only be sold to a minor if:
    • It contains less than 0.5 mg total THC in the entire unit of sale;
    • The compliance testing was sensitive enough to demonstrate that the product contains less than 0.5 mg total THC; and
    • The product doesn't contain any artificially derived cannabinoids (like delta-8-THC made synthetically from CBD)

      If a product contains more than 0.5 mg THC or other intoxicating cannabinoids, or the testing was not sensitive enough to show that it does not exceed 0.5 mg of THC, or the product contains any artificially derived cannabinoids, it cannot be sold to minors. See OAR 845-026-0300 and CBD and Consumable Hemp Items: Information on No Sales to Minors for more details.
       
  • THC limits: There are also limits on the amount of THC that can be present in cannabinoid products sold to adults. 

    Beginning July 1, 2022: In addition to the 0.3% limit on total THC:
    • Hemp tinctures are limited to 100 mg total THC per container.
    • Hemp edibles are limited to 2 mg total THC per serving and 20 mg total THC per unit of sale.
    • A full list of THC limits can be found in Table 3 of OAR 845-026-0400.

      Products that exceed these limits by more than 10% cannot be sold to Oregon consumers outside of the OLCC-licensed marijuana system (THC limits in the OLCC-licensed marijuana system are addressed below).
       
  • Artificially derived cannabinoids: Some businesses manufacture cannabinoids synthetically from a hemp-derived starting material. Common examples include synthetically converting CBD into delta-8-THC or CBN. Cannabinoids made synthetically from hemp are considered “artificially derived cannabinoids."

    Beginning July 1, 2022: Products containing artificially derived cannabinoids cannot be sold to Oregon consumers outside of the OLCC-licensed marijuana system (THC limits in the OLCC-licensed marijuana system are addressed below).

    This does not affect products made with naturally-occurring cannabinoids that were produced by extracting them from hemp. For example, CBD and CBG are typically produced by extracting them from hemp crops. If you are unsure whether a particular product was made with artificially derived cannabinoids, check with the manufacturer.
     
  • Vape products: There are additional requirements that apply to cannabinoid hemp vapes and vape cartridges.

    Beginning July 1, 2022:
    • Any hemp vape product sold in Oregon must pass compliance testing through an OLCC-licensed laboratory. Required tests include potency, pesticides, solvents (if the cannabinoids were extracted using solvents), and mycotoxins (if the hemp vape product was manufactured on or after July 1, 2022). Testing from an out-of-state lab or other third-party lab does not meet this requirement.
    • Any hemp vape product sold to a consumer must comply with OLCC packaging and labeling requirements. This includes having certain required information on the label including the hemp symbol, warning statements, the name of the manufacturer, the test results for THC and CBD, the name of the laboratory that performed any test, and any test analysis date.
      • Hemp vape products that do not contain non-cannabis additives (flavorings or additives not derived from cannabis) may use a label that has been pre-approved by OLCC or a “generic label." A generic label cannot contain any logos, colors, or text beyond the label information required by OLCC rules.
      • Hemp vape products that contain non-cannabis additives (flavorings or additives not derived from cannabis) are also required to include detailed information about the ingredients in that additive. These products cannot use a generic label and must have their labels pre-approved by OLCC.​

OLCC-licensed marijuana retailers can receive hemp items (usable hemp, hemp concentrate, hemp extracts, and hemp cannabinoid products) and sell these items to consumers, subject to OLCC rules. A retailer can only receive these items through a licensed transfer in Metrc from:

  • An OLCC-licensed marijuana processor with a hemp endorsement;
  • An OLCC-licensed marijuana wholesaler;
  • Another OLCC-licensed marijuana retailer under common ownership; or
  • An ODA-licensed hemp handler with an OLCC Hemp Certificate

Hemp items sold by an OLCC-licensed marijuana retailer are not subject to the retail sales tax on marijuana items.

Hemp items must pass compliance testing prior to being transferred to the retailer, and the test results must show that the product is below the THC limits in OAR 845-025-2760. For products being transferred to the retailer by an ODA-licensed hemp handler with an OLCC hemp certificate, the compliance testing needs to be done after the handler enters the item in their Metrc account. Testing done prior to entering the item into Metrc or testing performed by a lab that does not hold an OLCC laboratory license does not meet this requirement.

Any finished hemp items packaged for sale to a consumer must comply with OLCC packaging and labeling requirements. This includes either having a label that has been pre-approved by OLCC or a valid “generic label." A generic label cannot contain any logos, colors, or text beyond the label information required by OLCC rules. Note that products containing artificially derived cannabinoids and inhalable cannabinoid products that contain non-cannabis additives are not eligible to use a generic label and must have an OLCC-approved label.

Beginning July 1, 2022, an OLCC-licensed marijuana retailer cannot sell any product that contains artificially derived cannabinoids unless the product complies with OAR 845-025-1310. This rule allows products that contain artificially derived cannabinoids to be sold if the product is not intended for inhalation and the artificially-derived cannabinoid:

  • Is not intoxicating or impairing; and
  • Also occurs naturally in cannabis (as established by at least three peer-reviewed publications); and
  • Was manufactured in a facility with an ODA food safety license; and
  • Was manufactured by an OLCC-licensed processor or ODA-licensed hemp handler; and
  • The manufacturer has gone through one of the ordinary regulatory processes for introducing a novel substance into foods or dietary supplements (GRAS determination or New Dietary Ingredient Notification)

Additionally, from July 1, 2022 through June 30, 2023, this rule allows products containing artificially derived CBN to continue to be sold as long as the product is not intended for inhalation and the CBN was manufactured at a facility with an ODA food safety license by an OLCC-licensed processor or an ODA-licensed hemp handler.

Beginning July 1, 2022, all products containing artificially derived cannabinoids must be labeled in accordance with OAR 845-025-7145. The product identity on the label must include the words “artificially derived cannabinoid." If the product type requires that the label include a list of ingredients, the ingredient listing must identify any artificially derived cannabinoid by its full name and use the words “artificially derived" in the description of that specific ingredient. Products containing artificially derived cannabinoids cannot use a “generic label." In order to continue to be sold on and after July 1, 2022, any product containing an artificially derived cannabinoid must use a label that complies with these requirements and has been pre-approved by OLCC.

The requirements described above apply to cannabinoid hemp items. They do not apply to products made from hemp seed or hemp fiber unless those products contain added cannabinoids. Examples of products made from hemp seed or hemp fiber include hemp clothing, hemp paper, hemp hearts, hemp seed oil, and soaps made from hemp seed oil. These products do not qualify as a “hemp item" as defined in OLCC and ODA rules. A retailer can carry and sell these products just like any non-cannabis product; they do not need to be tracked in Metrc.

Businesses that want to have their hemp items sold by OLCC-licensed marijuana retailers have two options:

  • OLCC hemp handler certificate: An ODA-licensed hemp handler can apply for an OLCC Hemp Certificate​ which gives them a Metrc account. The handler can then enter hemp items that they manufacture into Metrc in order to transfer those items to an OLCC-licensed retailer or wholesaler. After the hemp or hemp item is entered into Metrc, it must undergo certain required compliance testing. At minimum, it needs to pass a potency test to make sure it's below the THC thresholds for hemp items that OLCC licensees are allowed to receive. Additionally, it needs to pass compliance testing for any other test that would be required for the equivalent marijuana item under OAR Chapter 333 Division 7. These requirements are essentially the same as the compliance testing requirements for hemp and hemp items under ODA's rules for hemp growers and handlers. A test performed by an out-of-state lab, or any lab not licensed by OLCC, cannot satisfy this requirement. The sampling and testing has to be performed by an OLCC-licensed ORELAP-accredited lab, and the transfer of the samples and the test results are all recorded in Metrc. Testing performed prior to entering the hemp or hemp item into Metrc cannot satisfy this requirement. Any products that are packaged for sale to consumers must also comply with OLCC packaging and labeling requirements.
  • OLCC marijuana processor license: An OLCC-licensed marijuana processor with a hemp endorsement may receive hemp or hemp items via a licensed transfer in Metrc and process that material into a consumer-ready hemp item. Processors can receive hemp biomass from a hemp grower certificate holder, and hemp items (hemp concentrates, extracts, flower, and products) as well as biomass from a hemp handler certificate holder. The biomass or hemp item needs to be tested by the certificate holder after being entered into Metrc before it can be transferred to the processor's licensed premises. If the processor will be receiving biomass, they will likely need to obtain an ODA hemp handler license as well. Information about the ODA hemp handler license can be found on the ODA hemp website: https://oda.direct/hemp