This morning the OLCC held a public hearing on the proposed rules for implementing House Bill 4121.
One comment was raised by Oregon Hemp Commission member Seth Crawford, who criticized the use of Orange Phytonyx lab boxes for the presumptive marijuana testing, noting the results are inaccurate for both THC testing and cannabinoids ratios, and the results will not hold up in court. Crawford further criticized the OLCC for not informing the Hemp Commission that it had begun drafting industrial hemp rules and including the Commission in the rule-drafting process. Crawford further explained that the Hemp Commission was not provided enough time to seek input from stakeholders. Crawford noted that the OLCC should have included those who have collaborated with the agency and been involved in drafting Oregon’s industrial hemp rules over the years.
No other comments were raised during the public hearing, and the OLCC ended the meeting after only twenty minutes, seeing that no one else had come to testify. Most concerning is that no comments were made regarding the new rules on standards for artificially derived cannabinoids and updated product concentration limits for products sold in the general market.
As we have shared previously, these new rules contain language that could pose challenges to the industry and small businesses, such as the new per container concentration limits, and the rocky timeline for the implementation of artificially derived cannabinoid standards that could make compliance difficult. The best way to impact the proposed rule language is to participate in the public comment period. Luckily, although the hearing on draft rules for HB 4121 has passed, the public can still submit written comments to OLCC.Rulemaking@oregon.gov through the close of the public comment period on September 27 at 12:00 pm.
Submitting a public comment is an excellent way to make your voice heard. Comments can even impact future regulations as agencies maintain a record of comments and may reference important issues raised by commenters when developing language in future rules!
Here is a quick guide for submitting written comments to government agencies that makes comment writing quick, easy, and effective:
1. Review the OLCC’s proposed rules, or our summary blog on the key issues and determine what appears comment-worthy to you.
2. Get ready to write! Don’t sweat the small stuff or worry about needing to sound overly formal, your own voice and wording is perfectly fine.
Keep the tone respectful, you can disagree and be passionate without attacking the staff who will be reading your comments.
3. Introduce yourself and what your interests in this rulemaking are for example:
You are filing a comment as an individual with a story, state that you wish to explain how the rules may impact you, your family, or a friend/ colleague.
You are filing a comment as a small business, state that you wish to explain how the rules may impact business operations.
4. Explain any concerns you might have and note how you think the proposed rule may impact you, your community/loved ones, or your business.
Provide details, if possible, such as rough estimates of cost numbers for businesses.
Share any professional knowledge or experiences that you think would be impactful.
Make clear requests or recommendations to improve the proposed rule.
5. Send it off to OLCC.Rulemaking@oregon.gov!
Make sure the subject line reasonably identifies the rule you are commenting on; if you feel stuck just use this one: "Comment on Oregon Liquor and Cannabis Commission Chapter 845 Proposed Rules."
Please reach out with any questions on these proposed rules, how they may impact your business, or any other questions regarding this update or filing a written comment, and schedule a consultation today by calling 541-632-3946 or emailing info@earthlawllc.com.
Comments