(1) The State Department of Agriculture, in consultation with the Oregon Health Authority and the Oregon Liquor and Cannabis Commission, shall establish a cannabis reference laboratory to provide regulatory and technical support in the enforcement of ORS § 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648, 475C.770 to 475C.919 and 571.260 to 571.348.

(2)(a) The cannabis reference laboratory established under subsection (1) of this section must be able to verify current analytical methods, and develop new analytical methods, for testing marijuana items, industrial hemp and industrial hemp commodities or products as described in ORS § 475C.544, 571.281, 571.330 or 571.333 and confirm test results from laboratories licensed under ORS § 475C.548 or accredited under ORS § 475C.560 at the request of the authority, commission or department.

(b) At the request of the authority, commission or department, the cannabis reference laboratory must be able to provide ongoing laboratory quality control samples to laboratories licensed under ORS § 475C.548 or accredited under ORS § 475C.560.

(c) The cannabis reference laboratory is not required to be licensed under ORS § 475C.548 or accredited under ORS § 475C.560.

(3) The authority, commission and department may independently require a marijuana item, industrial hemp or an industrial hemp commodity or product to be tested by the cannabis reference laboratory if the authority, commission or department has reason to believe that the marijuana item, industrial hemp or industrial hemp commodity or product is not in compliance with ORS § 475C.544, 571.281, 571.330 or 571.333, regardless of whether the marijuana item, industrial hemp or industrial hemp commodity or product has undergone testing described in ORS § 475C.544, 571.281, 571.330 or 571.333 at a laboratory licensed under ORS § 475C.548 or accredited under ORS § 475C.560.

(4) If a test conducted by the cannabis reference laboratory of a marijuana item, industrial hemp or industrial hemp commodity or product yields results different than the results of a test conducted by a laboratory licensed under ORS § 475C.548 on the marijuana item, industrial hemp or industrial hemp commodity or product, the authority, commission or department may invalidate the results of the test conducted at the laboratory licensed under ORS § 475C.548.

(5) A law enforcement agency may request that the cannabis reference laboratory conduct testing to assist the law enforcement agency in investigations related to cannabis.

(6) The department may charge a fee to the authority, the commission or a law enforcement agency in an amount reasonable to reimburse the department for the costs incurred in conducting testing at the cannabis reference laboratory at the request of the authority, commission or law enforcement agency.

(7) The authority, the commission and the department, in consultation with one another, may adopt rules to carry out this section. [2023 c.519 § 2]

(Severability)