State FIFRA Issues Research and Evaluation Group Joint

State FIFRA Issues Research and Evaluation Group Joint Working Committee Meeting Denver, CO April 11 -12, 2016 Cannabis Update Oregon Department of Agriculture Rose Kachadoorian Kirk Cook

Many Oregon Agencies Involved OR Liquor Control Commission – Recreational OR Health Authority– Medical Oregon Department of Agriculture DLCD and local municipalities Water Resources Dept. – Water rights Dept. of Environmental Quality – waste management Dept. of Revenue – taxes OR-OSHA – Worker Protection

Background Currently MM dispensaries may sale limited recreational marijuana products (dried leaves and flowers, immature marijuana plants and seeds). Retail customers can purchase one quarter ounce of dried leaves and flowers in one day. • Four immature marijuana plants At this time (will change soon, HB 1511), concentrates, extracts, edibles, topicals, tinctures, capsules, suppositories, transdermal patches and other marijuana products can only be sold to OMMP. To protect children, edibles will be less potent than those sold in CO and WA (pesticide risk assessment? ).

Increase Protection

Interesting factoids 418: Registered medical marijuana dispensaries statewide 167: Dispensaries in Portland Girl Scout Cookies: Top-selling strain in Oregon $13. 67: Average price per gram on the recreational market, which is taxed. $10. 96: Average price per gram on the medical market, which is untaxed. 72, 937: Medical marijuana patients in Oregon The Oregon Legislature has made it a misdemeanor to possess more than 2 pounds.

Oregon collected $3. 48 million in revenue from first month of taxed recreational marijuana sales Oregon dispensaries sold at least $14 million worth of recreational marijuana in January 2016 alone. • Doesn't take into account medical marijuana sales Oregonian Newspaper Headlines on April 5, 2016: “Governor signs bill removing state criminal liability from banks doing business with legal pot industry” (AP)

UNION- Help with distributing WPS information? Worker are becoming unionized – United Food and Commercial Workers

Testing Medical Marijuana Laboratory Testing Q: When does marijuana have to be tested by an accredited lab? A: On and after October 1, 2016, all marijuana and marijuana products must be tested by a laboratory accredited by OHA and licensed by OLCC. After October 1, 2016, a dispensary may sell a marijuana item to a patient or caregiver that does not meet the testing standards if it contains a label that states “DOES NOT MEET NEW TESTING REQUIREMENTS. ”

Testing Medical* Marijuana OAR 333 -008 Permanent rules - effective March 1, 2016 (12) A sample of a marijuana item shall be deemed to test positive for pesticides with a detection of more than 0. 1 ppm of any pesticide. (13) If a marijuana item tests positive for pesticides based on the standards in this rule the PRD must ensure the entire batch from which the sample was taken is returned to the individual who transferred the marijuana item to the dispensary and must document how many or how much was returned, to whom, and the date it was returned. *Recreational MJ sites refers back to Medical MJ site regarding testing

OREGON HEALTH AUTHORITY: MARIJUANA LABELING, CONCENTRATION LIMITS, AND TESTING Temporary rules are effective January 1 - June 28, 2016 OAR 333 -007 -0320 Usable Marijuana Testing Requirements (1) Every batch of usable marijuana prior to being sold or transferred to a consumer must be tested for the following: (a) Pesticides in accordance with OAR 333 -007 -0400. (b) Microbiological contaminants …. . . (c) Water activity and moisture content …. . (d) THC and CBD concentration . . . (2) Every batch of usable marijuana prior to being used by a processor to make a cannabinoid edible must be tested for pesticides in accordance with OAR 333 -007 -0400. Pesticides: There also cannabinoid concentrate and extract testing requirements.

OREGON HEALTH AUTHORITY: MARIJUANA LABELING, CONCENTRATION LIMITS, AND TESTING Temporary rules are effective January 1 - June 28, 2016 OAR 333 -007 -0400 Standards for Testing Pesticides (1) A marijuana item required to be tested for pesticides must be tested by a laboratory for the analytes listed in Exhibit A, Table 3, . . (2) If a laboratory detects the presence of a pesticide above the action levels listed … the sample fails.

OREGON HEALTH AUTHORITY: MARIJUANA LABELING, CONCENTRATION LIMITS, AND TESTING Temporary rules are effective January 1 - June 28, 2016 OAR 333 -007 -0450 ( similar language in OAR 845 -025 -5740 ) (5) Failed pesticide testing. (a) If a sample from a batch fails pesticide testing the batch must be: (A) Destroyed in a manner approved by the Authority; or (B) Re-tested …. (b) The Authority must report to the Oregon Department of Agriculture all test results that show that a sample failed a pesticide test or retest. (6) If a sample fails a retest…. for… pesticides a registrant must destroy or dispose of the batch. (7) An Authority representative must witness the destruction or disposal of a batch if destruction or disposal is required by this rule. (8) A registrant must inform a laboratory prior to samples being taken that the batch is being resampled and retested after an initial failed test.

If you want to read more - OHA developed a report published January 2016

OREGON LIQUOR CONTROL COMMISSION OAR 845 -025: RECREATIONAL MARIJUANA Temporary rules (updated 12/21/15) 845 -025 -2070 Pesticides, Fertilizers and Agricultural Chemicals Requires that pesticides and fertilizers can only be applied according to ODA’s laws. A producer must maintain, at all times and on the licensed premises: • MSDS for all pesticides, fertilizers … • The original label or a copy … for all pesticides, fertilizers or other agricultural chemicals used by the producer …; and • A log of all pesticides, fertilizers or other agricultural chemicals used (same requirements of a Pesticide Operator) The log must be kept for two years and made available, and include: • The unique identification tag number of the cultivation batch or individual mature marijuana plant to which the product was applied, or if applied to all plants on the licensed premises a statement to that affect.

Oregon Department of Agriculture (ODA) ODA not created specific cannabis pesticide rules at this time Created Informal Criteria (Internal Management Directive (IMD)) and a Guidelist Agricultural Crop and Unspecified Food Crop Directions Cannabis grown in Oregon is an agricultural crop, and is an unspecified food crop for the purposes of assessing risk to human health. IMD The active ingredient is exempt from the requirement of a tolerance on all food crops and The product label includes directions for use on: Unspecified food crops (bedding plants, outdoor or enclosed facility), or Unspecified home garden plants, or Unspecified herbs (bedding plants, outdoor or enclosed facility) or Unspecified plants or crops, and Pyrolysis data did not result in EPA denying use on tobacco

Oregon Department of Agriculture (ODA) ODA not created specific pesticide rules at this time Created Informal Criteria and a Guidelist Examples of Active ingredients and Products on Guidelist Azadirachtin (e. g. Molt-X, Azamax, Azatin) Bacillus subtilis (e. g. Pro. Mix, Serenade) Clarified hydrophobic extract of neem oil (e. g. Bon-Neem, Garden Safe, Trilogy) Copper octanoate (e. g. Camelot, Cueva) Hydrogen peroxide (e. g. Perpose Plus) IBA / Indole-3 -butyric acid (e. g. Clonex Rooting Gel, Mad Farmer, Rhizopon) Mineral oil / Petroleum oil (e. g. Leaf Life, Omni)

Oregon Department of Agriculture (ODA) ODA not created specific pesticide rules at this time Created Informal Criteria and a Guidelist Examples of Active ingredients and Products on Guidelist Phosphorous acid mono and di-potassium salts (e. g. Agri-Fos, Fungi. Phite, Phostrol) Potassium bicarbonate (e. g. Armicarb, Kaligreen) Potassium salts of fatty acids / Soap (e. g. Natural Guard, Earth Tone, Safer) Pyrethrins (e. g. Natria, Pyganic, Bug Buster-O) Sulfur (e. g. Earth-Tone, Safer) Thyme oil (e. g. Thyme Guard, SNS)

State FIFRA Issues Research and Evaluation Group Joint Working Committee Meeting Denver, CO April 11 -12, 2016 Cannabis and Water – Oregon Update

Major Issues Surrounding Cannabis Related to Agricultural Water Issues The proliforation of outdoor cannabis grow operations has raised numerous regulatory issues. Among the environmental issues are those related to: - Water Avaliability - Water Quality In most case these issues exist regardless of whether these operations are legal or illegal

Major Issues Surrounding Cannabis Related to Agricultural Water Issues These concerns are not limited to Oregon alone but apply to a majority of states where cannabis has been legalized (state sancitioned). These states are (so far) located in the West where western water law applies and where allocations have been adjudicated. These states are also currently experiencing drought conditions of historical magnitude.

Major Issues Surrounding Cannabis Related to Agricultural Water Issues As a result water avaliablity is tight or non-existent For operations that transition from traditional crop to cannabis cultivation modifications to existing rights may have to be made For new acerage not covered by existing rights water will have to be obtained from existing rights (either aquistion or purchase). This will likely result in increased burden to state water allocation agencies

Major Issues Surrounding Cannabis Related to Agricultural Water Issues Generally the acreage involved in raising cannabis is not large, however there are significant water requirement associated with the crop Water Use on Cannabis Crop - Estimate of 1600 plants/acre 1 - 5 -6 gallons of water plant per day 2 - 1, 320, 000 gallons/acre/yr 3 1 – Krogen Formula 2 –Department of Fish and Wildlife, CA NORMAL, CA estimates 2. 3 gallons 3 – Based on 150 day growing period

Major Issues Surrounding Cannabis Related to Agriculture In a closed, water limited basin even a 10 acre grow operation can have significant ramifications A 10 acre grow operation consumes 13, 200, 000 gallons a year or . 24% of the average yearly flow of Amazon Creek, OR (542, 600, 000 gallons)

Major Issues Surrounding Cannabis Related to Agriculture While the number may seem small and insignificant, they are of great concern to OR water resource managers

Major Issues Surrounding Cannabis Related to Agriculture When considering increases in crop acreage (like any crop) growers and the states will have to deal with a flat supply of water that is in high demand by multiple users We aren’t makin any more!!!!

Major Issues Surrounding Cannabis Related to Agriculture A majority of focus from states has been on pesticide residues from harvested crop intended for human consuption However, as more data is produced regarding the presence of “unlabled uses” Oregon is beginning to ask “What are the enviromental impacts? ”

Major Issues Surrounding Cannabis Related to Agriculture There is very limited data regading the impacts that legal cannabis grow operations may have on water quality Most of the data is confined to illegal operations in Northern California, however, some of the identified issue are: § use of rodenticides, fungicides, herbicides and insecticides; and § use of soil amendments and fertilizers in situations where run off to surface waters

Major Issues Surrounding Cannabis Related to Agriculture Compounds Detected (CO) Myclobutanil Azadirachtins Imidacloprid Spiromesifen Bifenazate Avermectins Etoxazole Piperonyl Butoxide Azovystrobin Spinosyn A Spimosyn D Pyrethrins Sporotetramat Propiconazole

Major Issues Surrounding Cannabis Related to Agriculture Water Quality Impacts due to cannabis cultivation ?

Major Issues Surrounding Cannabis Related to Agriculture Last but not least…Endangered Species Act Outdoor cannabis cultivation has been identified as a major impact to the Pacific Fisher Possible impacts to Oregon Spotted Frog