Is CBD Oil Legal in Oregon?

  1. Oregon Cannabis
  2. Oregon CBD

What is CBD?

CBD refers to cannabidiol, a major ingredient found in hemp and Cannabis sativa plants. CBD is extracted from either of these plants and processed in a laboratory. Hemp and Cannabis sativa plants also produce delta-9 tetrahydrocannabinol (THC), a more concentrated ingredient compared to CBD. However, hemp only contains less than 0.3% THC on a dry-weight basis. THC has psychoactive effects, which can cause anyone that uses it to get high depending on how much THC is consumed. THC binds with the cannabinoid 1 (CB1) receptors in a person's brain and produces a high or sense of euphoria. However, CBD has a more mild effect than THC as it does not affect the body temperature, locomotor activity, or memory on its own.

The most common form of CBD is CBD oil. Other forms are concentrate and extract, tinctures, topicals, and edible products. Some medical conditions physicians prescribe CBD for are migraine, seizures, inflammation, pain, anxiety, nausea, inflammatory bowel disease, depression, psychosis, or mental disorders.

When Congress passed the Agricultural Improvement Act of 2018, also known as the Hemp Farming Act of 2018, hemp-derived CBD products containing less than 0.3 percent THC became legal at the federal level. Hemp and cannabis-derived CBD are legal in Oregon.

Is CBD Oil Legal in Oregon?

Yes, CBD oil is legal in Oregon. The state permits the use of CBD extracted from industrial hemp and cannabis. After Measure 67, the Oregon Medical Marijuana Act was passed in 1998; medical cannabis became legal. Hence, medical cannabis products, including CBD, are legal in the state under the Oregon Medical Marijuana Act. Oregon also permits hemp-derived CBD to be used, and there is no legal prohibition against the sale of CBD products to persons under age 21 years. Persons under 21 years old may use any form of CBD, apart from inhalable CBD forms such as CBD flower and vape.

What are Oregon CBD Laws in 2022?

The Oregon Secretary of State Administrative Rules Administrative Rules (OAR) 603-048-0010 (17) authorizes the consumption of cannabinoid (CBD) obtained from industrial hemp. The law defines industrial hemp as an item processed by a handler containing chemical compounds extracted from industrial hemp, including CBD, and an average total THC concentration that does not exceed 0.3 percent on a dry weight basis. OAR 333-007-0310 established the samples of CBD concentrates, products, and extracts intended for human use, consumption, or ingestion. According to this law, a cannabinoid product is a cannabinoid edible or any other product intended for human use or consumption. Examples are cannabinoid products intended to be applied to a person's skin or hair or cannabinoid extracts and concentrates combined with an added substance intended to be ingested or inhaled.

OAR 333-007-0220 specifies the maximum concentration of THC permitted in a single serving of a CBD product or CBD concentrate or extract and the number of servings authorized in a CBD product container or CBD concentrate and extract container. The medical cannabis concentration and serving size limits for CBD are as follows:

Type of Marijuana Item Maximum Concentration or Amount of THC Per Serving Maximum Concentration or Amount of THC in Container
CBD Edibles - 100 mg
CBD Tinctures - 4,000 mg
CBD Capsules 100 mg 4,000 mg
CBD Topicals - 6%
CBD Transdermal Patches 100 mg 4,000 mg
CBD Concentrates or Extracts - 4,000 mg
CBD Suppositories 100 mg 4,000 mg
CBD Products other than CBD Edibles, Capsules, Topicals, Tinctures, Suppositories or Transdermal Patches and Not Intended for Human Consumption - 4,000 mg

In addition, OAR 603-048-0125 mandates that hemp producers register with the Department of Agriculture to produce industrial hemp at grow sites. The grow sites must also be registered with the Department except exempted in OAR 603-048-0100. OAR 603-048-0200 outlines the procedure of grower registration.

What are Oregon CBD Possession Limits?

Oregon does not establish any possession limits for hemp-derived CBD products. There are no restrictions to the sale, quantity, or delivery mechanism of industrial hemp-derived CBD, provided the CBD product meets federal requirements. Residents of all ages can use hemp-derived CBD for medical purposes. However, only adults aged 21 and over or adults aged 18 that have a medical marijuana program card can possess CBD oil. The maximum possession limit for marijuana CBD oil is 72 ounces in liquid form and 16 ounces in solid form.

Can Doctors Prescribe CBD Oil in Oregon?

Doctors can only recommend but not prescribe CBD oil in Oregon. An Attending Physician may recommend the use of CBD derived from marijuana to treat registered patients suffering from approved debilitating medical conditions, including:

  • HIV/AIDS
  • Cancer
  • A degenerative or pervasive neurological condition
  • Post-traumatic stress disorder (PTSD)
  • Glaucoma
  • A medical condition or treatment for a medical condition that results in any of the following:
  • Cachexia
  • Severe nausea
  • Severe pain
  • Seizures, including but not limited to seizures caused by epilepsy
  • Persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis

What are the Licensing Requirements for CBD in Oregon?

Oregon requires hemp producers to obtain a license to grow hemp for CBD. However, the state does not require a license to sell hemp-derived CBD products under the Oregon Department of Agriculture Hemp Program. The law permits individuals to sell hemp-derived CBD products at a retail location provided their THC concentration is \<0.3% and the products are not advertised as dietary supplements. There is currently no requirement for a license or registration for a business to sell CBD products.

Hemp growers are required to complete and submit the Oregon Hemp Grower/Grow Site Registration Application with the applicable fees (hemp grower registration $250 and hemp grow site registration $500) and documentation. The fees are non-refundable and cannot be pro-rated once a registration has been issued.

Applicants may pay the applicable fees via checks or money orders made addressed to "Oregon Department of Agriculture." Such payments should be mailed via USPS only to:

Oregon Department of Agriculture

PO Box 4395, Unit 17

Portland, OR 97208-4395

Or via credit card payment, which can be mailed or faxed to:

Oregon Department of Agriculture

635 Capitol Street NE, Suite 100

Salem, OR 97301-2532

Secure Fax: (503) 986-4746

Note that all dishonored checks or electronic payments will incur a $25 administrative fee pursuant to ORS 30.701. Registered hemp growers are required to renew their registrations annually unless the registration is revoked.

In Oregon, the labeling requirements differ, depending on the form the hemp-derived CBD takes as specified in OAR 333-007-0060 - 333-007-0085. Before a CBD product is sold or transferred to a patient, consumer, or designated primary caregiver, the product must meet the requirements listed below:

The container holding the CBD topical must have a label that has the following information:

  • Processor's trade or business name and license holder or registrant number
  • Trade or business name of license holder or registrant that packaged or distributed the CBD topical, if different from the processor
  • For license holders, package unique identification number and for registrants, process lot number
  • Production date
  • Product identity (common or usual name)
  • Net weight or volume in U.S. metric and customary units
  • Amount recommended for use by the consumer or patient per time
  • Concentration or amount by volume or weight of THC and CBD in the container
  • List of ingredients from the greatest to the smallest in order of predominance by volume or weight used to process the cannabinoid topical
  • Activation time, communicated in words or through a pictogram
  • Universal symbol
  • Name of the lab that conducted any test, associated test batch number, and test analysis date
  • For licensee's, a medical-grade symbol, if applicable
  • A statement with the following information: "This product is not approved by the FDA to treat, cure, or prevent any disease"
  • For cannabinoid topicals intended to be sold to a consumer, the label should include warnings that state:
  • "For use only by adults 21 and older. Keep out of reach of children."
  • "DO NOT EAT" in bold, capital letters.
  • For cannabinoid topicals produced for patients, the label should include warnings that state:
  • "For use by OMMP patients only. Keep out of reach of children."
  • "DO NOT EAT" in bold, capital letters.

The container holding the CBD edible must have a label that has the following information:

  • Processor's trade or business name, place of address, and license holder or registrant's number
  • Trade or business name and contact address of license holder or registrant that packaged or distributed the CBD edible, if different from the processor
  • For license holders, package unique identification number and for registrants, process lot number
  • Production date
  • Product identity (common or usual name)
  • Net weight or volume in U.S. metric and customary units
  • Serving size and number of servings for each container
  • Concentration or amount by volume or weight of THC and CBD in each serving and in each container
  • List of all ingredients from the greatest to the smallest in order of predominance by volume or weight used to process the CBD edible
  • List of potential major food allergens:
  • Placing the term for the appropriate predominant food allergen in parenthesis within the ingredient list after the common or regular name of the ingredient derived from that major food allergen; or
  • Using a "contains" statement to summarize the predominant food allergen information at the end of or immediately adjacent to the ingredient list; or
  • The amount, in grams, of sodium, carbohydrates, sugar, and total fat for each serving
  • If the edible is perishable, the label should include a statement that the edible must be refrigerated or kept frozen
  • Name of the lab that conducted any test, any related test batch number, and any test analysis date
  • Activation time, communicated in words or through a pictogram
  • Universal symbol
  • For license holders, a medical-grade symbol, if applicable
  • A statement with the following information: "This product is not approved by the FDA to prevent, cure, or treat any disease"
  • For cannabinoid topicals meant to be sold to a consumer, the label should include warnings that state:
  • "For use only by adults 21 and older. Keep out of reach of children."
  • "BE CAUTIOUS" boldly written in uppercase, followed by "Cannabinoid edibles can take up to 2 hours or more to take effect."
  • "It is illegal to drive a motor vehicle while under the influence of marijuana."
  • For CBD edibles for use by a patient, the label should include warnings that state:
  • "For use by OMMP patients only. Keep out of reach of children."
  • "BE CAUTIOUS" boldly written in uppercase, followed by "Cannabinoid edibles can take up to 2 hours or more to take effect."
  • "It is illegal to drive a motor vehicle while under the influence of marijuana."

The container holding the CBD concentrate or extract must have a label that has the following information:

  • Processor's trade or business name and license holder or registrant number

  • Trade or business name of license holder or registrant that packaged or distributed the CBD concentrate or extract, if different from the processor

  • For license holders, package unique identification number, and for registrants, process lot number

  • Production date

  • Product identity (concentrate or extract)

  • Net weight or volume in U.S. metric and customary units

  • Serving size and number of servings for each container or amount recommended for use by the patient or consumer at a time, if applicable

  • Concentration or amount by volume or weight of THC and CBD in each amount recommended for use and in the container

  • Activation time, communicated in words or through a pictogram

  • Name of the lab that conducted any test, any associated test batch number, and any test analysis date

  • Universal symbol

  • A statement with the following information "This product is not approved by the FDA to treat, cure, or prevent any disease"

  • For license holders, a medical-grade symbol, if applicable

  • For CBD concentrates and extracts for sale to a consumer, the label should include warnings that state:

  • "For use only by adults 21 and older. Keep out of reach of children."

  • "BE CAUTIOUS" boldly written in uppercase, followed by "Cannabinoid edibles can take up to 2 hours or more to take effect."

  • "It is illegal to drive a motor vehicle under the influence of marijuana."

  • For CBD concentrates and extracts for use by a patient, the label should include warnings that state:

  • "For use by OMMP patients only. Keep out of reach of children."

  • "BE CAUTIOUS" boldly written in uppercase, followed by "Cannabinoid edibles can take up to 2 hours or more to take effect."

  • "It is illegal to drive a motor vehicle under the influence of marijuana."

The container holding the CBD tincture must have a label that has the following information:

  • Processor's trade or business name, place of address, and license holder or registrant's number
  • Trade or business and place of address of registrant or license holder or who packaged or distributed the CBD tincture, if different from the processor
  • For license holders, package unique identification number and for registrants, process lot number
  • Production date
  • Product identity (common or usual name)
  • Servings number and size per container
  • Concentration or amount by volume or weight of THC and CBD in each serving and each container
  • Name of the lab that conducted any test, any related test batch number, and any test analysis date
  • List of all ingredients from the greatest to the smallest in order of predominance, by volume or weight used to process the cannabinoid tincture
  • Net weight or volume in U.S. metric and customary units
  • Universal symbol
  • Activation time displayed in words or through a pictogram
  • For license holders, a medical-grade symbol, if applicable
  • A statement with the following information "This product is not approved by the FDA to treat, cure, or prevent any disease"
  • For CBD tinctures for use by a patient, the label should include warnings that state:
  • "For use by OMMP patients only. Keep out of reach of children."
  • "It is illegal to drive a motor vehicle under the influence of marijuana.
  • For CBD tinctures for sale to a consumer, the label should include warnings that state:
  • "It is illegal to drive a motor vehicle under the influence of marijuana."
  • "For use only by adults 21 and older. Keep out of reach of children."

Where to Buy CBD in Oregon?

In Oregon, individuals can buy CBD products at pharmacies, vape shops, online stores, wellness centers, and other similar retail locations.

Oregon CBD