Oregon Marijuana Testing License

Does Oregon Require Testing for Marijuana and Marijuana Products?

Oregon requires testing for marijuana and marijuana products before they are released for public consumption. Testing of marijuana items helps to ascertain that the products released are safe for human consumption. It also helps to make the consumer know the potency of the product they are about to consume. Testing helps marijuana and marijuana product manufacturers to keep critical data of their products and ensure the consistency of the concentration of their products.

Chapter 333-007-0300 of the Public Health Division-Oregon Health Authority rules mandates that marijuana and marijuana products be tested. The division makes it compulsory in order to establish a minimum compliance testing standard for all marijuana items made available for public consumption in the state. These rules set by the Oregon Public Health Division apply to holders of:

• Marijuana production license
• Marijuana processor license
• Marijuana wholesale license
• Marijuana retail license

The rules also apply to marijuana registrants. The marijuana testing by rules in Oregon do not apply to the following:

• A marijuana grower who a specific medical marijuana patient contracts to grow and transfer usable marijuana or immature marijuana plant to them
• A marijuana grower contracted by a primary caregiCommissionver, an organization, or a facility caregiver to grow the marijuana for their patient
• A designated primary caregiver or an organization or facility caregiver who is attached to a patient if the caregiver transfers the marijuana item only to their designated patient.
• Transfer of immature plants or immature seeds by anyone

The Oregon marijuana testing rules further provide that registered patients, caregivers, and marijuana grow sites should not transfer marijuana items that are not sampled and tested. They also should not accept marijuana items that are not sampled or tested.

The Oregon Health Authority has different testing requirements for marijuana product types, and the testing requirements also vary according to the intention of usage. The testing requirements for products intended to be sold at retail shops or dispensaries are usually different from those for products designed to be used as materials for further processing. The various testing requirements for the different marijuana product types and the different intended uses are stated below:

• Marijuana or usable marijuana:
  • The testing requirements when it is intended for sale from a retail shop or dispensary are:
    • Pesticides test
    • Water activity or moisture content test
    • THC or CBD test
    • Micro (random) test
  • The testing requirements when it is intended for further processing are:
    • Pesticides test (if it is for the processing of a cannabinoid product)
    • Water activity or moisture content test (except the processing facility uses sterilization method)
    • Micro (random) test
• Kief (This only applies to kief producers permitted under Oregon Secretary of State Administrative Rules OAR 845-025-2020, which took effect from January 1, 2021
  • The testing requirements when it is intended for sale from a retail shop or dispensary are:
    • Pesticides test
    • Water activity (This is required except marijuana, or usable marijuana used to make the kief were earlier tested for water activity
    • THC or CBD
  • The testing requirements when it is intended for further processing are:
    • Pesticides test
    • Water activity (This is required except marijuana or usable marijuana used to make the kief were earlier tested for water activity
• Extract/concentrate
  • The testing requirements when it is intended for sale from a retail shop or dispensary are:
    • Pesticides test
    • Solvents test. However, the processor or processing may be exempted if:
      • They only used a mechanical extraction method while separating the cannabinoids from the marijuana
      • They only used water, animal fat, or vegetable oil as the solvent while separating the cannabinoids from the marijuana
      • They did not use any of the solvents named in OAR 333-007-0410 (Standards for Solvents Compliance Testing)
    • THC or CBD test
    • Micro (random) test
  • The testing requirements when it is intended for further processing are:
    • Pesticides test
    • Solvents test. However, the processor or processing may be exempted if:
      • They only used a mechanical extraction method while separating the cannabinoids from the marijuana
      • They only used water, animal fat, or vegetable oil as a solvent while separating the cannabinoids from the marijuana
      • They did not use any of the solvents named in OAR 333-007-0410 (Standards for Solvents Compliance Testing), table 4
    • Micro (random) test
• Cannabinoid items produced for human consumption, either as suppositories, topical and transdermal patches, or by ingestion
  • The testing requirements for these, either for sales at a retail shop or dispensary or intended for further processing, are:
    • THC or CBD test
    • Micro (random) test

Does Oregon License Independent Marijuana Testing Facilities?

Oregon licenses independent marijuana testing facilities to sample and test marijuana items before making them available for public consumption. However, this is not done directly. The Oregon Medical Marijuana Program (OMMP) requires independent medical marijuana laboratories to have both the ORELAP accreditation for laboratory testing of cannabis and the OLCC license for laboratory testing of cannabis. When a marijuana testing laboratory meets these two conditions, they are qualified to operate in Oregon. The state does not have an agency conducting marijuana testing.

As of January 2024, there are 13 ORELAP accredited testing cannabis laboratories in Oregon. However, only five of these facilities are accredited to conduct all the tests required by OMMP of marijuana and marijuana products.

What Accreditations Do Marijuana Testing Facilities Need in Oregon?

Oregon requires marijuana testing facilities to fulfill two conditions to operate in the state:

• To be accredited with ORELAP as a qualified cannabis testing laboratory
• To have the approval of the Oregon Liquor and Cannabis Commission (OLCC)

Unlike many states in the US, Oregon does not require a marijuana testing facility to have an ISO/IEC 17025 accreditation. Having an ISO 17025 accreditation is a plus for the competence and reputation of a marijuana testing facility in the state, but it is not part of the requirements to operate. In 2020, some marijuana testing laboratories in the state started to announce that they had obtained the ISO 17025:2017.

The ISO/IEC 17025 accreditation is a document issued by the American National Standard Institute (ANSI) National Accreditation Board certifying the competence of a facility for calibration and testing. The accreditation is evidence that the facility complies with the required standards of operation and possesses a good quality management system.

How to Get a Marijuana Testing Laboratory License in Oregon

The Oregon Health Authority does not issue an official marijuana testing laboratory license. The agency only mandates that a marijuana testing laboratory gets an ORELAP accreditation and is licensed by the Oregon Liquor and Cannabis Commission (OLCC). A marijuana testing laboratory that meets these two conditions is competent to sample and test marijuana in the state.

To obtain ORELAP accreditation, a testing laboratory needs to:

• Purchase the Nelac Institute (TNI) 2016 Standard. The applicant testing laboratory license may also consider being a member of the TNI, as membership attracts discounts and allows candidates to have input in TNI activities. These include training in the industry and revision of the organizations’ standards
• Prepare a quality manual of their activities, standard operating procedures, and other documents representing their operations
• Provide two acceptable proficiency testing (PT) results of samples analyzed in the laboratory for each matrix, method, and analyte combinations tested in the facility
• Ensure that they operate in compliance with technical modules of the Nelac Institute (TNI) standard
• The applicant should submit the application through the ORELAP Data Input and Edit (ODIE) tool. Applicants will be required to sign up or log in with their name/ email and password to access the ODIE tool

To obtain an Oregon Liquor and Cannabis Commission (OLCC) license, the testing facility must download and complete a Marijuana Laboratory Application License Form. In addition to this, they need to supply the following documents:

• A proof that ORELAP accredits the marijuana testing facility
• A copy of the completed OLCC Land Use Compatibility Statement Form approved by the city or county authorizing the use of the land for marijuana testing
• A map or sketch of the premises is to be used for the marijuana testing laboratory. This should show defined boundaries and any primary residence within the same tax lot where the testing laboratory is located. Other details required to be contained in the map as stated in the OLCC Premises Map Instruction are floor plans which include all doors, walls, partitions, windows, and clear designation of limited access areas
• Information about the ownership of the business requesting to be licensed. The applicant is required to complete:
  • A Marijuana Application Questionnaire. This should contain the identity of every individual and legal entity who is among the applicants for the license
  • A Marijuana Business Individual History Form

These documents are to be completed and submitted to the regional office of the OLCC closest to the applicant. The OLCC has offices in all counties of Oregon. However, an applicant must schedule an appointment with the OLCC regional office nearest to them to submit the application. The addresses and contact information of the OLCC regional offices in Oregon are listed below.

Portland Regional Office

9079 Southeast McLoughlin Boulevard

Portland, Oregon 97222

Phone: (503) 872-5000

Fax: (503) 872-5266

Bend Regional Office

336 Southwest CyberDrive, Suite 104

Bend, Oregon 97702

Phone: (541) 388-6292

Fax: (541) 388-6321

Medford Regional Office

855 Medford Center Drive

Medford, Oregon 97504

Phone: (541) 776-6191

Fax: (541) 776-6188

Salem Regional Office

200 Hawthorne Avenue Southeast, Suite B-210

Salem, Oregon 97301

Phone: (503) 378-4871

Fax: (503) 378-4594

If the applicant is buying an existing licensed marijuana testing laboratory, they will be required to submit all the documents stated above and a completed OLCC Change of Ownership Form.

How Much Does a Marijuana Testing Laboratory License Cost in Oregon?

Oregon requires marijuana testing laboratories to have both ORELAP accreditation and OLCC license. To obtain an ORELAP accreditation for a marijuana testing laboratory located in the state, the applicant will be required to pay any of three levels of fees, including:

• Tier 1 - $1,250
• Tier 2 - $2,200
• Tier 3 - $3,400
• Tier 4 - $4,600
• Tier 5 - $5,800

Out-of-state laboratories seeking primary or secondary ORELAP accreditation must pay the following fees:

• Tier 1 - $3,100
• Tier 2 - $4,850
• Tier 3 - $6,950
• Tier 4 - $9,050
• Tier 5 - $11,150

The tier the applicant will be categorized in is determined by the total number of points derived from the number of fields of accreditation that the applicant requests for in the application. The Oregon Health Authority has a model used to determine applicants’ points according to the types of fields requested for accreditation as stated below:

• Each basic field of accreditation is allocated a multiplier of 1
• Each moderate field of accreditation is allocated a multiplier of 3
• Each complex field of accreditation is allocated a multiplier of 5
• Each advanced technology field of accreditation is allocated a multiplier of 7
• Cannabis sampling only for application is allotted a multiplier of 11

The total number of points that will be used to calculate fees for the applicant will be determined by first adding up the number of fields of accreditation within each of the above-stated categories. The sum will be multiplied by the allotted multipliers for the respective categories. Then, the products from all the applicable categories will be added up to determine the total points for the applicant.

• If the total number of points obtained ranges from 1 to 10, the applicant laboratory would be considered a Tier 1 laboratory
• If the total number of points obtained ranges from 11 to 25, the applicant laboratory would be considered a Tier 2 laboratory
• If the total number of points obtained is more than 26, the applicant laboratory will be considered a Tier 3 laboratory

All laboratories requiring an on-site assessment of their facilities will also be required to pay a fee for each on-site assessment depending on the level of the Field of Assessment. Laboratories must pay $200 for each Basic Field of Assessment requested for their accreditation. These include gravimetric, physical, and probe accreditations. Moderate Fields of Assessment include spectrometry (absorption and fluorescence), colorimetric, chromatography, microbiology, and bulk asbestos accreditations and each of them costs an additional $600.

For Complex Fields of Assessment, the cost for each one is $1,000. These accreditations include:

• Organic — gas chromatography/mass spectrometry - volatiles and extractables
• Organic — liquid chromatography/mass spectrometry
• Organic — gas chromatography volatiles and extractables
• Inorganic — metals — inductively coupled plasma/atomic emission spectrometry and inductively coupled plasma/mass spectrometry (ICP/MS)
• Inorganic — ion chromatography/mass spectrometry
• X-ray
• Whole Effluent Toxicity
• Radiochemistry
• Immunoassay
• Asbestos – electron microscopy

For Advanced Technology Fields of Assessment, laboratories will be charged $1,400 for each of the following:

• Organic — gas chromatography/tandem mass spectrometry
• Organic — high resolution gas chromatography/high resolution mass spectrometry
• Organic — liquid chromatography/tandem mass spectrometry
• Polymerase chain reaction
• Mycology and Parasitology — Filtration/Immunomagnetic Separation/Immunofluorescence Assay microscopy
• Cannabis or Psilocybin Sampling

In addition to these fees, Oregon-based laboratories must also pay the following:

• $10 for Basic Fields of Accreditation
• $40 for Moderate Fields of Accreditation
• $75 for Complex Fields of Accreditation
• $150 for Advanced Technology Fields of Accreditation

Out-of-state laboratories pay:

• $13 for Basic Fields of Accreditation
• $53 for Moderate Fields of Accreditation
• $100 for Complex Fields of Accreditation
• $198 for Advanced Technology Fields of Accreditation

For the renewal of ORELAP accreditation, the Nelac Institute requires the same amount paid for accreditation to be paid for the renewal of accreditation in Oregon.

Applicants for an OLCC license for a marijuana testing laboratory in Oregon must pay a non-refundable application fee of $250. If the application is granted, they will be required to pay a license fee of $4,750. For the renewal of the license, the applicant will be required to pay $250 for renewal application.

Are there Local Regulations for Cannabis Testing Facilities in Oregon?

There are no local regulations for marijuana laboratory testing facilities by cities and counties in Oregon. The OLCC only requires the city or county to approve the applicant’s Land Use Compatibility Statement Form. This is to ascertain that the use of the land for marijuana laboratory testing is consistent with the local comprehensive plan of the city or county.