CBD In Oregon

Complete Buyers Guide

Oregon Hemp and CBD Laws

Both marijuana and CBD-rich hemp are used in medicine. And both are now legal to a certain extent in Oregon. However, each falls under completely different sets of laws. 

Both hemp and marijuana are cultivars of cannabis. The difference between marijuana and hemp lies in the levels of an intoxicating compound known as THC.  The resinous flowers produced by marijuana growers can have levels of THC as high as 25 percent or more. However, in order to be legal, THC levels in hemp must fall below 0.3 percent — not enough to get a fly high, as they say.

Although the Oregon Department of Agriculture published a set of hemp regulations in May of 2019, until the USDA’s hemp regulations are finalized, Oregon’s hemp laws will also be in a state of limbo. 

While hemp regulations are the jurisdiction of the USDA, CBD regulations fall under the auspices of the US Food and Drug Administration. As with the USDA, the FDA has yet to finalize its CBD regulations.

The USDA is expected to finalize its rules in the early part of 2022. Once that happens, the Oregon Department of Agriculture will determine what changes if any, need to be made to the state’s current hemp program and submit a state plan as required by the USDA.

That’s the overview of hemp and CBD laws in the US and in Oregon. Now let’s get into a little more detail and go over some of the most frequently asked questions related specifically to Oregon hemp and CBD laws.

Oregon Hemp and CBD FAQ

CBD Dosing Guide

Is marijuana and hemp CBD legal?

As we mentioned above, there are two types of cannabis — marijuana and hemp. Medicinal oils from both plants are available in Oregon. Products made from marijuana can only be sold legally at state-licensed marijuana dispensaries and only to folks age 21 or older. Products made from hemp-derived CBD oil, on the other hand, can be purchased by anyone in Oregon. 

However, that doesn’t mean a guaranteed hassle-free experience. You see, CBD-rich hemp flower and marijuana look and smell identical. The only way to tell them apart is via lab testing to determine the exact levels of THC in the product. As you can imagine this can cause a lot of confusion on the part of law enforcement officials. 

Until the confusion subsides, it’s a good idea not to venture out in public with smokable hemp. 

Is Delta 8 THC legal in Oregon?

A great example of the mindbending evolution of the CBD market in Oregon is a relatively new product called delta-8 THC. Prior to 2021, few people had ever heard of delta-8 THC. This is essentially a cannabinoid that is similar to the familiar buzz-inducing delta-9 THC except that it’s produced directly from hemp CBD rather than from marijuana. Delta-8 is less intoxicating and less likely to cause feelings of paranoia than the THC found in marijuana. Nonetheless, it does have some intoxicating properties.

Because it’s a form of tetrahydrocannabinol that has mild psychotropic effects, Delta-8 falls into a gray area of CBD laws. Several U.S. states don’t seem to be too concerned with D8, some have regulated or banned it and lawmakers in some other states are looking into doing the same.

Several states have regulated, restricted, or banned delta-8 including Arizona, California, Colorado, New York, and Michigan. Furthermore, states such as Illinois and Oregon are reviewing their delta-8 rules. And a delta-8 ban in Texas was lifted after a judge temporarily blocked the state from classifying it as a controlled substance.

Still, more than half of U.S. states allow the sale of D8 outside of marijuana dispensaries including Nevada, Ohio, Florida, Virginia, Pennsylvania, New Jersey, and Massachusetts.

What medical conditions are being helped with CBD?

In Oregon and elsewhere, CBD is being used to treat a wide array of medical conditions. The most common ailments to be treated with CBD include anxiety, depression, sleep disorders, nausea, and acute and chronic pain. However, there are scores conditions, some of them quite serious, that are being treated with CBD.

These are just some of the many medical conditions being treated with CBD:

Can I legally purchase CBD Products online?

Yes. Anyone in Oregon can purchase hemp CBD products online and have them shipped right to their doorstep.

What hemp CBD products are available?

There are no restrictions on hemp CBD products in Oregon as there are in some other states. While some states prohibit the sale of dried hemp flower and other smokable CBD products as well as vape products and edibles, all of these are legal in Oregon.

Here are some of the wide variety of hemp CBD products available in Oregon:

Can I grow My Own hemp in Oregon?

Actually, in 2022, anyone over the age of 21 can grow their own hemp at home under the state’s recreational marijuana laws, as well as anyone in the state’s medical marijuana program. The law says residents can grow up to four cannabis plants at home. It doesn’t say that they have to contain THC. 

However, if you’re planning on growing more than that, you’ll need a hemp grower’s license from the Oregon Department of Agriculture. 

Being situated on the 45th parallel, Oregon’s climate is well suited to the outdoor cultivation of hemp. In 2018, Oregon farmers planted about 7,000 acres of hemp. That number skyrocketed to about 50,000 acres in 2019 making Oregon number one in US hemp production.

Although hemp advocates were enthralled when the federal government legalized hemp at the end of 2018, the US Department of Agriculture’s proposed regulations, which were released near the end of 2019, have many stakeholders in the industry worried that federal regulations will be too strict and that farmers will shy away from hemp as a result.

Experts estimate that under the DOA’s proposed rules, as much as 20 percent of hemp crops would fail to meet standards. And farmers whose crops test too high in THC will be required to destroy the entire crop. Furthermore, if crops test above 0.5  percent, growers will be considered in “negligent violation.” Repeated violations can result in license suspension.

And, be forewarned, hemp cultivation can be tricky. Changes in the amount of sunlight, water, nutrients, and soil conditions can alter the ratio of THC to CBD that is produced in the plants. 

The grower registration application fee is $250, plus there is a $500 fee for each grow site under the application. You’ll find links at the end of this article with information on Oregon’s hemp program.

Can I sell hemp CBD legally in Oregon?

Anyone can sell CBD in Oregon without a license. However, like agricultural products, hemp and CBD are subject to the same laws as any other crop.

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