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Hemp, THC and CBD laws in Oregon

We follow 2 Oregon rules on hemp, delta-8, THCA and CBD products; 1 is a ban.

Check a specific item for Oregon

Oregon

21+Hemp flower and hemp vapes (and any hemp product containing 0.5 mg or more total THC, or whose lab test cannot show it is under 0.5 mg) may be sold in Oregon only to buyers 21 or older.
OAR 845-026-0300 · effective Jan 1, 2022 · draft
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845-026-0300 Adult Use Cannabis Item (1) An industrial hemp commodity or product is an adult use cannabis item if it is a hemp item as defined in OAR 603-048-2310 and: (a) Contains 0.5 milligrams or more of: (A) Total delta-9-THC; (B) Any other tetrahydrocannabinol or tetrahydrocannabinolic acid, including delta-8-tetrahydrocannabinol; or (C) Any other cannabinoids advertised by the manufacturer or seller as having an intoxicating effect; (b) Contains any quantity of artificially derived cannabinoids; or (c) The testing done in accordance with ORS 571.330 or 571.339 was performed using a method with a LOQ that is not sufficient to demonstrate that the total delta-9-THC does not exceed 0.5 milligrams. (2) An adult use cannabis item cannot be sold or delivered to a person under 21 years of age, except by a marijuana retailer that holds a license issued under ORS 475C.097 and that is registered under ORS 475C.149 to sell or deliver marijuana items to a registry identification cardholder who is 18 years of age or older or as allowed under ORS 475C.770 to 475C.919.
BannedDo not ship intoxicating hemp products to Oregon consumers: delta-8, HHC, THC-O and other artificially derived cannabinoids are banned unless OLCC-approved as non-intoxicating, all hemp items are capped at 0.3% total THC (so THCA flower is out), and edibles/beverages are capped at 2 mg total THC per serving and 20 mg per container.
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845-026-0400 Maximum Concentration and Serving Size Limits for Industrial Hemp Products: Definitions, Purpose, Scope and Effective Date (1) Applicability. (a) Except as provided in subsection (b) of this section, this rule applies to industrial hemp products that: (A) Contain cannabinoids and are intended for human consumption or intended for human use; and (B) Are offered for sale, transfer, or delivery to a consumer in Oregon or imported into Oregon for delivery to a consumer. (b) This rule does not apply to hemp items, as that term is defined in OAR 845-025-1015, that are subject to the concentration and serving size limits in OAR 845-025-2760.
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(4) An industrial hemp product may only contain an artificially derived cannabinoid if:
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(b) At any time: (A) The artificially derived cannabinoid: (i) Is not a controlled substance under OAR chapter 855, division 80; (ii) Was manufactured in compliance with applicable laws relating to food safety; (iii) In the Commission’s judgment, is not impairing or intoxicating at the intended concentration in the product; and (iv) Has been reported as a naturally-occurring component of the plant Cannabis family Cannabaceae in at least three peer-reviewed publications. (B) The product is not intended for human inhalation; and
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Statutes/Other Implemented: ORS 571.309 History: OLCC 20-2026, minor correction filed 06/23/2026, effective 06/23/2026 OLCC 1-2025, amend filed 05/15/2025, effective 05/20/2025 OLCC 11-2024, temporary amend filed 11/21/2024, effective 11/21/2024 through 05/19/2025

Federal

Applies in every state.

BannedFrom Dec. 11, 2026 (unless Congress extends the delay again), federal law no longer treats as hemp any consumer product with more than 0.4 mg total THC (incl. THCA) per container or any synthesized/converted cannabinoid, so delta-8/THCA/hemp-THC edibles and hemp flower become federally illegal marijuana everywhere in the US.
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Sec. 781. <<NOTE: Effective date. 7 USC 1639o note.>> Effective
365 days after the enactment of this Act, Section 297A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended--
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``(A) In general.--The term `hemp' means the plant
Cannabis sativa L. and any part of that plant, including
the seeds thereof and all derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of
isomers, whether growing or not, with a total
tetrahydrocannabinols concentration (including
tetrahydrocannabinolic acid) of not more than 0.3
percent on a dry weight basis.
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``(C) Exclusions.--Such term does not include--
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``(iii) any intermediate hemp-derived
cannabinoid products which are marketed or sold as
a final product or directly to an end consumer for
personal or household use; or
``(iv) any final hemp-derived cannabinoid
products containing--
``(I) cannabinoids that are not
capable of being naturally produced by a
Cannabis sativa L. plant;
``(II) cannabinoids that--
``(aa) are capable of being
naturally produced by a Cannabis
sativa L. plant; and
``(bb) were synthesized or
manufactured outside the plant;
or
``(III) greater than 0.4 milligrams
combined total per container of--
``(aa) total
tetrahydrocannabinols (including
tetrahydrocannabinolic acid); and
``(bb) any other
cannabinoids that have similar
effects (or are marketed to have
similar effects) on humans or
animals as a
tetrahydrocannabinol (as
determined by the Secretary of
Health and Human Services).
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``(C) The term `container' means the innermost
wrapping, packaging, or vessel in direct contact with a
final hemp-derived cannabinoid product in which the
final hemp-derived cannabinoid product is enclosed for
retail sale to consumers, such as a jar, bottle, bag,
box, packet, can, carton, or cartridge.
BannedFrom Nov. 12, 2026, hemp products containing cannabinoids that the cannabis plant cannot naturally produce (e.g. THC-O acetate, HHC and other lab-made cannabinoids) are excluded from the federal hemp definition and are Schedule I nationwide.
Pub. L. 119-103, div. B, sec. 2019 (140 Stat. 1003) · effective Nov 12, 2026 · draft
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SEC. 2019. <<NOTE: Applicability.>> SECTION 781 EXTENSION.
Until December 11, 2026, the amendments made by section 781 of
division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply
with respect to products described in paragraphs (1)(C)(ii)(I) and
(1)(C)(iv)(I) of section 297A of the Agricultural Marketing Act of 1946
(7 U.S.C. 1639o) (as amended by such section 781).
BannedDEA treats HHC and any THC made by chemically converting hemp CBD (most delta-8/delta-10, THC-O, HHC products) as Schedule I synthetic THC; don't ship them anywhere in the US.
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Hexahydrocannabinol is currently controlled in
schedule I as a tetrahydrocannabinol.
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Thus, only tetrahydrocannabinols in or derived from the cannabis
plant--not synthetic tetrahydrocannabinols--are excluded from control
as ``tetrahydrocannabinols in hemp.'' To clarify further,
tetrahydrocannabinols produced through chemical conversion, even when
hemp derived are considered synthetically produced for purposes of the
CSA, do not qualify as ``tetrahydrocannabinols in hemp'' under the AIA.
BannedDon't mail THCA flower or synthetic/converted-cannabinoid products by USPS: Pub 52 allows hemp only if it meets the federal hemp definition and every applicable law, and keeps tracking any 'successor' definition.
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453.37 Hemp-Based Products
For purposes of this section, "hemp" refers to the definition provided under federal law, including Section 10113 of the Agricultural Improvement Act of 2018, Pub. L.115-334 (7 U.S.C. § 1639o), or any successor provision. Hemp and hemp-based products, including cannabidiol (CBD) with the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) not exceeding a 0.3 percent limit are permitted to be mailed domestically only when the mailer:
Complies with all applicable federal, state, and local laws, including U.S. Department of Agriculture approved plans for hemp production, processing, distribution, and sales (7 CFR Part 990).
Retains records establishing compliance with such laws and plans, including laboratory test results, licenses, or compliance reports, for no less than 3 years after the date of mailing.
Shipments of hemp and hemp-based products, including CBD, are prohibited in international mail, including items for delivery to overseas Army Post Office, Fleet Post Office, and Diplomatic Post Office addresses (APO/FPO/DPO).
Permit neededUPS carries hemp and CBD products only for shippers with a UPS contract for them, and never carries vape products; don't ship hemp/CBD by UPS without that agreement.
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Marijuana, including marijuana intended for medical use and Cannabidoil ("CBD") derived from Marijuana
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Vape products within, to or from the U.S
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Certain items we list as prohibited will be accepted by UPS on a contractual basis for shippers with regular volume and the ability to comply with all applicable laws and regulations. The items we can carry under certain criteria are:
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Hemp and CBD
BannedFDA's position is that CBD or THC foods, drinks and dietary supplements cannot lawfully be shipped across state lines, so interstate online sales of CBD/THC gummies, beverages or supplements are federally prohibited.
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9. Can THC or CBD products be sold as dietary supplements?
A. No. Based on available evidence, FDA has concluded that THC and CBD products are excluded from the dietary supplement definition under section 201(ff)(3)(B) of the FD&C Act [21 U.S.C. § 321(ff)(3)(B)].
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10. Is it legal, in interstate commerce, to sell a food (including any animal food or feed) to which THC or CBD has been added?
A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.