Oregon's regulation of synthetically derived cannabinoids

September 17, 2024

Oregon’s approach to regulating synthetically derived cannabinoids has evolved significantly in recent years. Initially, the focus was primarily on controlling their sale and distribution, while possession was treated as a minor infraction under Measure 110, which broadly decriminalized drug possession.

However, the legal landscape has shifted dramatically with the passage of House Bill 4002. This new legislation repeals the previous Class E violation for possessing small amounts of controlled substances and introduces a more serious misdemeanor offense. As a result, effective September 1, 2024, the possession of synthetically derived cannabinoids will be subject to stricter criminal penalties.

According the Oregon Liquor and Cannabis Commission (OLCC),

Delta 8 is illegal in Oregon under the provisions of HB 3000. Although the federal Farm Bill permitted the sale and use of Delta 8 products containing no more than 0.3% Delta 9 THC, Oregon enacted HB 3000 to prohibit synthetically derived Delta 8 THC. The law, established by the Oregon Liquor and Cannabis Commission (OLCC), prohibits the sale of specific cannabinoids, covering all artificially derived cannabinoids.

Delta 8 is illegal in Oregon over concerns by the regulatory authority (OLCC) about the chemicals used in the production of the compound. The OLCC claims that there is a lack of sufficient testing for the whole spectrum of chemical reagents used to create Delta 8 THC synthetically and considers a ban necessary to protect the health of Oregonians.

While it might have made sense in 2021 when HB 3000 was passed, this approach unfairly places the burden on consumers, akin to criminalizing individuals for purchasing salmonella-contaminated lettuce.

A more effective and equitable policy would require vendors selling products in Oregon to undergo mandatory testing for toxic contaminants. This approach would address the root cause of the problem—unsafe production practices—rather than punishing end-users who may be unaware of the risks.

Can you do something about this?

In light of these developments, it’s crucial to reevaluate Oregon’s policy on synthetically derived cannabinoids. We must strike a balance between public safety concerns and fair treatment of consumers. By focusing on regulating production and distribution more stringently, we can maintain the spirit of drug policy reform while ensuring safety.

CC: [email protected], [email protected] (my representatives)

Resources #

A Framework for Federal and State Hemp-Derived Cannabinoid Regulation