In a recent development, a federal spending bill has updated the national landscape when it comes to hemp, and it could have some significant ramifications for Oregon in the not-so-distant future. With changes slated to take effect in November 2026, the Oregon Department of Agriculture (ODA) has made it clear that, for now, it's business as usual in the Beaver State under the current Oregon laws and rules. This includes adhering to the state's own total THC definition for hemp, according to an article from the Oregon Newsroom.
However, let’s get to the root of the matter. The newly minted federal definitions introduce a couple of key shifts. Key among them is the fresh federal definition of hemp which caps it at 0.3% total THC on a dry-weight basis. Oregon Newsroom reports that this new definition of hemp sidesteps the specifics on how total THC should be calculated—specifics which Oregon currently has in place. The federal view leans on an unspecified summation of THC, THCA, and other THC isomers, leaving a grey area larger than a Portland cloud cover.
Moreover, in a move that will surely spark discussion in the industry, the bill takes a stance against synthetic cannabinoids by excluding any that are chemically created or altered from being classified as "hemp-derived." And if you're dealing with hemp products, be aware that container sizes will now be limited to 0.4mg total THC, according to the same source. The FDA has been given 90 days to clarify certain mandates around cannabinoids and containers, which will undoubtedly affect the current market and regulatory approaches.
Looking at the overlap with current Oregon law, a discrepancy arises between federal and state definitions. Oregon calculates total THC by a formula that factors in the decarboxylation of THCA into delta-9 THC, something the federal language does not clarify it will emulate. It leaves Oregon growers, manufacturers, and retailers in a limbo, wondering whether their products will end up, after a chemical process, with less or more total THC than what the new federal definitions suggest. The ODA, in alignment with state statutes, has the wiggle room to define THC concentration requirements in the rules, though it means waiting for federal agencies to make the first move.
For the immediate future, it's status quo for Oregon hemp licensees, but the landscape is primed to change markedly. As the ODA continues to evaluate the impending changes and what adjustments will need to be made to keep Oregon's program aligned with federal requirements, stakeholders remain poised on the edge of their seats. The potential for market disruption and the possible reclassification of certain products is on the horizon. Further details can be expected posthaste as federal agencies, namely the FDA and USDA, provide more specific guidance in the coming year.
