Uncontrolled Cannabis Rules Update - ODA Rulemaking! Public Comment Until Dec. 2

Our Founding Principal, Courtney N. Moran, LL.M., has helped the Oregon hemp industry navigate the murky waters of ODA and OLCC regulations since its inception. Courtney is dedicated to working with all stakeholders to build our state's and nation’s robust hemp market.

ODA has recently proposed rules to charge cannabis producers and landowners of the property where cannabis cultivation occurs with the responsibility for the “eradication and control of uncontrolled cannabis.” These proposed rules place responsibility on growers and landowners to manage and control volunteer cannabis plants reaching beyond licensed production areas. Industrial hemp growers, adult-use growers, and medical marijuana growers are all within the scope of “cannabis producers.”

Duties imposed on growers include monitoring the land surrounding production areas, with inspections occurring at least every two months, and the use of cultivation techniques that will minimize the potential for the spread of volunteer cannabis. Volunteer cannabis found on private or public land will still be the responsibility of the cannabis grower or landowner to eradicate. Violations of these rules can result in monetary fines, with higher fines imposed depending on the amount and type of violation. The rules also provide for the submission of complaints to ODA for sightings of uncontrolled cannabis.

The complete proposed rules may be found here as well as on ODA’s website here.

ODA is taking public comments and hosting a public hearing on the proposed rules. ODA is specifically requesting public comment on whether other options should be considered for achieving the rule's substantive goals while reducing any negative economic impact of the rule on businesses. To submit comments, please send written comments by postal mail or email no later than 5:00 pm on December 2, 2022:

Written comments may be sent to:

Oregon Department of Agriculture

Attn: Sunny Summers

635 Capitol St NE

Salem, OR 97301

Email comments may be sent to:

sunny.summers@oda.oregon.gov

ODA is also hosting a Public Hearing on Nov. 29, 2022 from 1:00 PM - 2:30 PM. The Public Hearing is accessible via Microsoft Teams or by phone at 503-446-4951 (Meeting ID 239 280 773 994 Passcode: mku8Vu)

PLEASE CONTACT OUR OFFICE FOR A CONSULTATION WITH ANY QUESTIONS ON THESE RULES AND HOW THEY MAY IMPACT YOUR BUSINESS: info@earthlawllc.com

Engaging in consultation over comments to proposed rule changes allows members of the public to participate in the regulatory process and potentially achieve desirable changes to the regulatory landscape. Exercising your right to participate in the public comment process is incredibly important, and our Office can assist you with making your voice heard. Contact us today!