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CBD in Oregon: OR State Laws and Where to Buy Legally

CBD Oil Legality in Oregon: Cannabidiol State Law Regulations in OR, USA

Oregon has made national headlines in the United States on several occasions for its progressive policies on marijuana and cannabis law. The state was one of the first to legalize both medicinal and adult use for marijuana. But Oregon has not stopped there in their continual march towards progress; the state also instituted an industrial hemp pilot program, effectively legalizing the booming hemp and hemp-derived product industry in the state. Although this last piece of legislation is likely most essential to the ongoing concerns of CBD users within the state, all three sets of laws work to establish the extensive legal framework surrounding the hemp and CBD industry.

Although Oregon remains one of the most progressive states when it comes to marijuana and hemp law, a number of resounding legal questions continue to be expressed by many within the growing community if responsible hemp CBD users and producers all over the state. This guide has been created as a basic resource for users of CBD looking to legally purchase and consume the substance within the state of Oregon.

As always, this guide should not be considered legal advice, and readers themselves are uniquely responsible for ensuring that they follow the laws of their local, state, and the federal government.

CBD Laws in Oregon

Three sets of laws mostly characterize Oregon’s stance on marijuana and CBD within their state. The first of these laws was the Oregon Medical Marijuana Act, passed in 1998. This law made it legal for consumers to select medical conditions to gain access to high-quality medicinal cannabis. The caveat to this rule is that the medical cannabis can only be obtained by those with medical marijuana cards, and the cannabis can only be purchased through licensed dispensaries in the state.

The law was updated and expanded in 2007 through Senate Bill 161. This revision allowed a wider variety of patients in the Oregon medical system to gain access to high-quality medicinal cannabis. Once again, though, this law is particularly restrictive about who can purchase the marijuana.

Measure 91 in 2014 instituted an adult use cannabis law, which made it legal for anyone over the age of twenty-one to purchase, possess, and consume cannabis. The adult use cannabis in Oregon is available through licensed dispensaries, although these dispensaries do not require the same kind of medical justification for the sale that medical dispensaries do.

Additionally, additions to statutory code in the state from 571.300 to 571.315 instituted an industrial hemp pilot program, which made it legal for consumers over the age of eighteen to gain access to low-THC CBD derived from the industrial hemp plant.

Age Requirements for CBD in Oregon

The age restrictions placed on CBD users in Oregon depend heavily on the type of CBD, as well as the vendor offering the substance. For users purchasing CBD under the industrial hemp pilot program law, the only restriction is generally that users be over the age of eighteen in order to purchase the products. This can vary slightly, as smoke and head shops selling CBD might require that users be over the age of twenty-one to even enter the shop to make the purchase.

For medical users, it is typically possible for minors under the age of eighteen to gain access to medical CBD, but state law dictates that physicians first gain the written consent of the parent or guardian of the patient before recommending high-THC CBD or marijuana as an aspect of treatment.

Adult use cannabis is even more straight-forward when it comes to age requirements. Users must be over the age of twenty-one in the state of Oregon to purchase, possess, and consume high-THC CBD or adult use cannabis.

Types of CBD in Oregon

Oregon retailers typically offer two main types of CBD. The most commonly sold and readily available form of CBD is CBD oil with minimal THC content. This CBD can be sold at nearly any retailer and isn’t limited by any medical condition, doctor’s approval, or other factors. This CBD cannot generate a “high,” and it will not show up on most modern drug tests.

But more THC content can be helpful to individuals looking for some of the specific benefits of CBD. For these users, there are two main places to obtain high-THC CBD. For those who have access to a medical marijuana card, high-THC CBD can be purchased from any medicinal cannabis licensed dispensary. But those without access to such cards can purchase high-THC CBD are able to buy their CBD from licensed adult use (recreational) dispensaries anywhere in the state of Oregon. These facilities require consumers to be twenty-one, though.

Buying CBD Online in Oregon

It is legal to buy CBD online and have it shipped to a home or residency in Oregon. A lack of substantive laws and public interest in CBD make it a popular method of obtaining the substance legally in the state.

CBD in Oregon: OR State Laws and Where to Buy Legally CBD Oil Legality in Oregon: Cannabidiol State Law Regulations in OR, USA Oregon has made national headlines in the United States on

Is CBD oil legal in Oregon?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Oregon CBD laws
  4. Where to buy CBD in Oregon
  5. How to read CBD labels and packaging

Yes, cannabidiol (CBD) oil is legal in Oregon, a pioneer when it comes to cannabis legalization.

Oregonians legalized medical cannabis in 1998 with the passing of Measure 67, the Oregon Medical Marijuana Act. The legalization of recreational cannabis followed in 2014, with the approval of Measure 91, the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act.

As one of the most cannabis-friendly states in the nation, the Oregon cannabis rules for CBD are equally progressive. But as CBD — and the production of products including CBD oil — has become more widespread, states are putting stricter regulations on CBD.

What is CBD?

CBD stands for cannabidiol, a cannabinoid found in the cannabis plant. Unlike THC, CBD is non-intoxicating — so consumption of CBD won’t produce the same “high” as flower, edibles, or other cannabis products containing THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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The second-most-abundant cannabinoid found in the plant after THC, CBD has a host of therapeutic benefits, including analgesic, anti-anxiety, anti-inflammatory, and seizure-suppressing properties. CBD can be sourced from marijuana or hemp plants.

Why is CBD sometimes illegal?

Hemp strains don’t produce enough THC to cause intoxication, yet all cannabis — including hemp — was considered illegal under the 1970 Federal Controlled Substances Act. Under this law, cannabis was categorized as a Schedule 1 drug, defined as a substance with a high abuse potential, no accepted medical use, and a likelihood for addiction.

The 2018 Farm Bill legalized hemp cultivation and made the plant an agricultural commodity. It also removed some forms of cannabis from the Schedule 1 category by defining a legal threshold between hemp and marijuana. Hemp is now defined as cannabis that contains less than 0.3% THC by weight and is no longer a Schedule 1 substance. Marijuana is now defined as cannabis that contains more than 0.3% THC by weight. However, marijuana-derived CBD is still considered a Schedule 1 substance — and is still federally illegal, even though states have ruled differently.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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Hemp must still be produced and sold under the regulations outlined under the bill. To date, the U.S. Department of Agriculture (USDA) has yet to create these regulations.

While the Farm Bill did preserve certain regulations surrounding CBD — including the power of the Food and Drug Administration (FDA) to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. Under current FDA regulations, even hemp-derived CBD may not be added to food or beverages or marketed as a dietary supplement. The FDA has begun the process of reevaluating that stance, but the agency hasn’t provided definitive answers about how it will revise the current regulations. The FDA has been strict about CBD health claims and content that could be construed as medical advice. In July 2019, the FDA issued a warning letter to CBD producer Curaleaf for making unproven health claims.. Three months earlier, the FDA warned three other CBD makers for making similar health claims.

Current federal laws still highly regulate the production and sale of hemp and its cannabinoids, including CBD. In addition, the Farm Bill also allows states to regulate or prohibit CBD cultivation and commerce. In addition, states also may attempt to regulate CBD beverage, food, dietary supplement, and cosmetic products independently of the FDA finalizing its regulations around such products.

Currently, Oregon is theWest Coast state where CBD in food and beverages can be purchased from retailers, including pharmacies and grocery stores.

Oregon CBD laws

Under Oregon state laws, cannabis — including CBD — has been legal recreationally and medically since 2014. That means that in Oregon, both hemp-derived and marijuana-derived CBD were already legal at the state level prior to the passing of the 2018 Farm Bill. However, in some aspects, it follows federal law.

Oregon currently follows the same CBD classification regulations as outlined by the 2018 Farm Bill. Under the state’s current hemp program, businesses do not need to apply for any type of licensure or registration to sell CBD products, as long as they meet federal requirements, contain less than 0.3% THC, and aren’t advertised as a dietary supplement.

There are no restrictions on the sale of CBD products to individuals 21 and older, except for inhalant delivery systems and their components.

Licensing requirements for CBD

Currently, hemp-derived CBD products are overseen and regulated by the Oregon Department of Agriculture (ODA).

While there are no requirements surrounding the sale of hemp-derived CBD products in Oregon, there are regulations around testing, labeling, and cultivation that vary for hemp and marijuana products.

Oregon’s packaging and labeling restrictions require that if products contain only industrial hemp intended for human consumption or use, the label must include the department’s special hemp symbol, which is a white cannabis leaf and the word hemp inside a rectangle with a blue background. If the products contain any marijuana as defined by the Oregon Liquor Control Commission (OLCC), the state’s cannabis regulatory body, they must bear the universal symbol, a rectangle with a white cannabis leaf and an exclamation point inside a rectangle with a red background.

  • The labels on CBD products must include this warning: “This product is derived from hemp and could contain THC. Keep out of reach of children.”
  • Manufacturers also must also include the following FDA statement: “This product is not approved by the FDA to treat, cure, or prevent any disease.”
  • If the item is a hemp extract, concentrate, topical, or a hemp product other than an edible, tincture, or capsule, the label needs to contain the warning, “Do Not Eat” in bold, all-capital letters.
  • Current testing requirements state that extracts or concentrates for retail must be tested for pesticides, solvents (if used), and THC and CBD content.
  • Cannabinoid hemp products meant for human consumption must be tested for THC and CBD content.
  • Under current Oregon laws, there are no minimums or maximums for growing hemp after a grower’s application is approved. Oregon residents without an approved registration may grow up to four cannabis plants — including hemp.

Oregon CBD possession limits

There are no possession limits for hemp-derived CBD in the state of Oregon. For CBD that is derived from marijuana, possession limits vary by product type. The limits are 16 ounces (456grams) of marijuana in a solid product form, and 72 ounces (2,052grams) of marijuana in liquid product form, and 5 grams of concentrates.

There are no possession limits for hemp-derived CBD in the state of Oregon. For CB marijuana-derived CBD, possession limits vary by product type. Photo by: Gina Coleman/Weedmaps

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Where to buy CBD in Oregon

Because hemp-derived CBD products including CBD oil are now federally legal, consumers have a wide variety of options online or in retail stores for purchasing CBD in Oregon.

How to read CBD labels and packaging

When purchasing CBD oil and other products, make sure the label clearly defines the contents. Most reputable CBD producers will typically include the following information on their CBD product labels:

  • The amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full spectrum, broad spectrum, or isolate
  • Batch or date code.
  • Oregon’s hemp and/or universal symbol.

Is CBD oil legal in Oregon? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Oregon CBD laws Where to buy