2021 Hemp Program Rulemaking - More Information

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Oregon Department of Agriculture

2021 Hemp Rulemaking:

Reporting & Waste and Disposal Requirements

As shared in the July 21, 2021 email, HB 3000 from the 2021 legislative session made changes to Oregon cannabis law. These changes include hemp regulations.

To meet some of the changes, the Oregon Department of Agriculture (ODA) filed temporary rules on July 28, 2021. These rules are in effect for 180 days.

Please read the information below for information on the temporary rules and grower reporting and disposal requirements.

Temporary rules

In part, the rules ODA adopted include the following:

  • Growers must report if they do not intend to plant at a registered location, or if there is any loss of all or part of a hemp crop.
  • Growers must provide documentation of destruction if a crop fails pre-harvest testing, is found to be growing presumptive marijuana, and ODA requires the grower to destroy the crop.
  • ODA will refuse to issue a registration if a person plants a hemp crop or commits a violation of hemp laws before applying for a grower registration. Growers can reapply if they destroy the crop and ODA determines the violation is corrected.
  • If a person plants or commits a violation of hemp statutes before being issued a hemp registration/license, ODA will:
    • prioritize that crop for inspection,
    • require the person enter into a corrective action plan, or
    • if they will not enter into the corrective action plan, ODA will not issue a registration, and
    • ODA may refuse to issue the registration if the corrective action plan is insufficient to address the violation.
  • ODA can revoke or deny a registration if a person violates a detainment order.
  • ODA can prohibit a grower from reapplying for a license for two (2) years if they violate hemp statutes, rules, or an order issued by ODA.
  • ODA can require growers to destroy their crop if the plants at a registered grow site are determined to be presumptive marijuana.

It is important to read the temporary rules to stay up to date on the requirements. These rules will be included in a full rule making process later this year.

We also want to remind you of the following reporting and disposal requirements (see more below). Failure to do these activities may result in a civil penalty and/or registration revocation or denial.

Temporary Hemp Rules


Reporting requirements

Many of these requirements have been part of the Hemp Program since it started, others
are new with the temporary rules.

  • Within 48 hours:
    • Report to ODA the theft or loss of hemp or hemp items using the
      Hemp Crop Loss Report form.
    • Report by email or letter, any disciplinary proceeding or enforcement action by another government entity that may affect your business.
  • Within 10 days:

Waste and disposal requirements

ODA has a new process and a new Cannabis Waste and Disposal form. It is important that you follow the deadlines as required.

  • Cannabis waste (determined by grower)
    • Hemp growers must request ODA approval within 10 days of determining something is waste and at least seven (7) days before disposing of cannabis waste. Cannabis waste includes plants you determine have lost market value due to mold, pest, disease or that you otherwise do not intend to process, sell, or transfer.
  • Crop failure (determined by either failed preharvest testing or by ODA requirements under presumptive marijuana rules)
    • Hemp growers must request ODA approval at least seven (7) days before disposing of the failed crop.


Hemp Program