(1) As used in this section:
(a) “Industrial hemp” has the meaning given that term in ORS 571.269.
(b) “Marijuana” has the meaning given that term in ORS 475C.009.
(2) The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, shall develop by rule a methodology to distinguish whether a cannabis plant is marijuana or industrial hemp for purposes of ORS 475C.527, 571.282, 571.283 and 571.284. The methodology must include testing criteria and cannabinoid concentrations above which immature or mature cannabis plants are presumptively considered to be marijuana.
(3) The department may order a person licensed under ORS 571.281 to destroy any cannabis plants located at an industrial hemp operation for which the person is responsible if the cannabis plants are presumptively considered to be marijuana under the methodology developed pursuant to subsection (2) of this section.