Oregon Cannabinoid Extracts Conundrum Settled by OHA

Dispensaries can continue to sell extracts to OMMP clients, says OHA.

"Oregon Diesel" cannabis concentrate Photo: Salem-News.com

(SALEM, Ore.) - Oregon is one of four states (five, if the District of Columbia is correctly added), where adult-use cannabis is legal.

Right now, there are 23 states with legal medical marijuana/cannabis. After this November's election, there may well be 10 more states added to the list of those with some form of cannabis legalization.

After the last 20 years of cannabis reform in Oregon, one might start to think that things would get easier on advocates. Not so.

With the evolution of Measure 91 has come a myriad of regulatory questions, arguments and fears.

Currently, the legality of extracts, oils and concentrates has been on the radar. There was a lapse in the timing for legal sales, and so it had to be gone over with a fine tooth comb.

This is the situation at hand:

Legality of Extracts

• The unregistered manufacture of cannabinoid extracts is illegal.
• In the 2016 Legislative Session, the Legislature passed HB 4014, which makes the unregistered or unlicensed manufacture of marijuana extracts illegal (See Sections 38 and 42 of HB 4014: olis.leg.state.or.us/liz/2016R1/Downloads/MeasureDocument/HB4014/Enrolled).
• In order to manufacture extracts legally, a processor must to be registered by OHA or be licensed by OLCC (See HB 4014, Section 42; ORS 475B.475; ORS 475B.090 and 475B.435).

• Dispensary sales of concentrates and edibles that come from an unregistered processor to OMMP patients and primary caregivers is currently allowed. On and after October 1, 2016, all products, including concentrates and edibles, transferred to a dispensary must be from a registered processor (See OAR 333-008-1230(2)(a)).
• A dispensary may only accept the transfer of extracts from a registered processing site (See OAR 333-008-1230(2)(b)).
• The definition of a cannabinoid concentrate and a cannabinoid extract may be found in OAR 333-008-0010 and is as follows:
  "Cannabinoid concentrate" means a substance obtained by separating cannabinoids from marijuana by:
  (a) A mechanical extraction process;
  (b) A chemical extraction process using a nonhydrocarbon-based solvent, such as vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol;
  (c) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or
  (d) Any other process authorized in these rules. "Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by:
  (a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; or
  (b) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure.

• Dispensaries may continue to sell or transfer extracts that they have in stock as of March 1, 2016, to OMMP patients with a valid registry identification card. Dispensaries may not accept new transfers of extracts from unregistered processors.

• Edibles containing extracts as an ingredient may still be sold to patients, however, for edibles transferred to dispensaries after March 1, 2016, the extract ingredient must be made by a registered processor.
• The terms “high heat” and “high pressure” are not clearly defined in Oregon statute. OHA may use its rulemaking authority to more clearly define those terms in the near future.
• The processor and the dispensary have the responsibility to comply with all applicable laws.

Processors may begin to apply with OHA on April 1, 2016. Please check the processor page for more information: healthoregon.org/ommp

The laws and rules governing the processing and transfer of extracts will be under further analysis and development in the near future.

Salem-News.com will provide updates as they are available in the coming weeks.

Source: Oregon Health Authority INFORMATION BULLETIN 2016-05

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Cannabis Lab March 24, 2016 11:59 am (Pacific time)

Since when is CO2 a hydrocarbon? People who failed Chemistry 101 (or never took it) shouldn't be making rules about chemistry.... This is ridiculous.

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Daisyhead March 19, 2016 3:37 pm (Pacific time)

Don't be fooled. This clarification by OHA in no way solves the conundrum. Processors are still stuck for months in the licensing process.

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Vic March 19, 2016 7:43 am (Pacific time)

But anyone of legal age can buy a bottle of 190 proof Everclear or Bacardi 151 ... or twenty bottles for that matter... I will continue to buy my weed from "illegal" sources and will continue to make my own extracts and edibles. What I do with a harmless drug is no one's business but my own.

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