Oregon Administrative Rules Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION
Here’s a comprehensive overview of Oregon Administrative Rules (OAR) Chapter 845 – Oregon Liquor and Cannabis Commission (OLCC), current as of May 26, 2025:
📘 Chapter 845 – OLCC Divisions
According to OregonLaws, Chapter 845 comprises these divisions: (oregon.public.law)
Division 1 – Procedural Rules
Division 2 – Criminal Records Check & Fitness Determination
Division 3 – Contested Case Procedures
Division 4 – General
Division 5 – Criteria for Issuance & Maintenance of Licenses
Division 6 – Applications; Requirements; Restrictions; Prohibited Conduct
Division 7 – Advertising
Division 8 – Privilege Tax
Division 9 – Service Permits
Division 10 – Manufacturers; Wholesalers; Importers
Division 13 – Financial Assistance
Division 15 – Retail Sales Agents
Division 16 – Server Education Program Provider Certification
Division 20 – Beverage Containers & Redemption Centers
Division 25 – Recreational Marijuana
Division 26 – Adult‑Use Cannabis & Hemp Concentration Limits (oregon.public.law, regulations.justia.com)
🔍 Selected Highlights
📚 Division 2 – Criminal Records & Fitness
Establishes standards and procedures for background checks and fitness evaluations of license applicants.
📝 Division 5 – Licensing Criteria
Specifies qualifications for applicants, including authority for trustees, receivers, and secured parties to operate in place of licensees .
🚫 Division 6 – Applications & Prohibited Conduct
Details eligibility criteria, application processing, license restrictions, and conducts that can lead to denial or revocation.
📣 Division 7 – Advertising
Sets rules for marketing, including restrictions on content attractive to minors and fair promotional practices.
💵 Division 8 – Privilege Tax
Governs the state privilege tax applicable to liquor and cannabis businesses.
🍾 Division 10 – Manufacturers, Wholesalers, Importers
Outlines licensing and operational standards for producers, wholesalers, and importers of alcohol and cannabis.
🌿 Division 25 – Recreational Marijuana
Provides a robust framework for licensed cannabis activity, covering production, processing, packaging, labeling, tracking, testing, and retail operations. For example, § 845‑025‑7150 mandates that wholesalers and retailers must immediately report and either return or correct improperly labeled cannabis items (oregon.public.law, law.cornell.edu).
🧪 Division 26 – Adult‑Use Cannabis & Hemp Concentration Limits
Establishes THC/CBD testing rules, sampling protocols, and concentration thresholds for hemp versus cannabis classification. Rule § 845‑026‑4110 describes “presumptive testing” criteria where THC levels at certain percentages trigger reclassification (regulations.justia.com). As of May 19, 2025, new limits apply to artificially derived cannabinoids and hemp products intended for human consumption (law.cornell.edu).
📜 Rulemaking & Authority
OLCC follows a structured rulemaking process in accordance with ORS 183 and OAR 137, including public hearing, comment, and adoption phases (oregon.gov).
The OLCC website provides resources on proposed and recently adopted rules, including those for beverage containers, redemption centers (Div. 20), and cannabis/hemp (Divs. 25 & 26) (oregon.gov).
🛠️ Why It Matters
Licensing: Criminal fitness, financial criteria, and operational qualifications are strictly evaluated.
Advertising & Packaging: OLCC restricts content to prevent appeal to minors and enforces precise packaging standards.
Taxation & Fees: Privilege taxes and financial assistance programs affect cost structures.
Cannabis Regulation: Comprehensive coverage of the legal cannabis supply chain—from cultivation to retail—with strict testing and labeling rules.
Concentration Testing: Division 26 defines THC/CBD thresholds, sampling frequency, methods, and reclassification criteria for hemp products.
📄 Access & Next Steps
View full text on the Oregon Secretary of State’s OAR database, OregonLaws, or Justia Regulations.
OLCC’s Laws & Rules webpages detail active rulemaking and adoption notices (oregon.public.law, oregon.gov, regulations.justia.com, oregon.gov).
PDF summaries and guides are available via OLCC for divisions like beverage containers and cannabis regulations.
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