Current through 2024 Regular Session legislation effective June 6, 2024
Section 475C.493 - Regulation of marijuana items as food or other commodity subject to regulation by State Department of Agriculture(1) Notwithstanding the authority granted to the State Department of Agriculture under ORS chapters 571, 618 and 633 and ORS 632.275 to 632.290, 632.450 to 632.490, 632.516 to 632.625, 632.705 to 632.815, 632.835 to 632.849 and 632.900 to 632.985, the department may not exercise authority over marijuana items or a licensee, except that ORS 618.121 to 618.161, 618.991, 618.995, 633.311 to 633.479, 633.992 and 633.994 apply to marijuana items or to a licensee.(2) In exercising its authority under ORS chapter 616, the department may not:(a) Establish standards for marijuana as a food additive, as defined in ORS 616.205;(b) Consider marijuana to be an adulterant, unless the concentration of a cannabinoid in a cannabinoid product, cannabinoid concentrate or cannabinoid extract exceeds acceptable levels established by the Oregon Health Authority by rule; or(c) Apply ORS 616.256, 616.265, 616.270 or 616.275 to cannabinoid edibles or enforce ORS 616.256, 616.265, 616.270 or 616.275 with respect to cannabinoid edibles.(3) Subsection (2)(b) of this section does not prohibit the department from considering artificially derived cannabinoids to be adulterants.