Industry 

Cannabis industry information for businesses including tips, news, and advice for dispensaries.

Leafly’s State-by-State Guide to Cannabis Testing Regulations

Updated: August 24, 2017

We’ve brought you state-by-state regulations for packaging and labeling laws, and we’ve brought you the regulations for advertising. But to keep your cannabis business in compliance, we’ve gathered information on one of the most important requirements for medical cannabis: testing.

For all states that require medical marijuana testing, here are the most important factors to keep in mind:

Alaska Arizona California Colorado Connecticut
Delaware District of Columbia Hawaii Illinois Maine
Maryland Massachusetts Michigan Minnesota Montana
Nevada New Hampshire New Jersey New Mexico New York
Oregon Rhode Island Vermont Washington

 

RELATED STORY
State-by-State Guide to Cannabis Advertising Regulations

RELATED STORY
A State-by-State Guide to Cannabis Packaging and Labeling Laws

Alaska

See section 3 AAC 306.455, required laboratory testing:

(a) Except as provided in (d) of this section, a marijuana cultivation facility shall provide a sample of each harvest batch of marijuana produced at the facility to a marijuana testing facility, and may not sell or transport any marijuana until all laboratory testing required by 3 AAC 306.645 has been completed.

(b) To comply with (a) of this section, a marijuana cultivation facility shall

(1) collect a random, homogenous sample for testing by segregating harvested marijuana into batches of individual strains of bud and flower, then selecting a random sample from each batch in an amount required by the marijuana testing facility;

(2) designate an individual responsible for collecting each sample; that individual shall

(A) prepare a signed statement showing that each sample has been randomly selected for testing;

(B) provide the signed statement to the marijuana testing facility; and

(C) maintain a copy as a business record under 3 AAC 306.755;

(3) transport the sample to the marijuana testing facility’s licensed premises in compliance with 3 AAC 306.750.

(c) A marijuana cultivation facility shall segregate the entire batch from which the testing sample was selected until the marijuana testing facility reports the results from its tests. During this period of segregation, the marijuana cultivation facility that provided the sample shall maintain the batch in a secure, cool, and dry location to prevent the marijuana from becoming contaminated or losing its efficacy. The facility that provided the sample may not sell or transport any marijuana from the segregated batch until the marijuana testing facility has completed its testing and provided those results, in writing, to the marijuana cultivation facility that provided the sample. The marijuana cultivation facility shall maintain the testing results as part of its business books and records.

RELATED STORY
Alaska to Become the First State with Legal Cannabis Cafés

(d) When geographic location and transportation limitations make it unfeasible for a manufacturing facility to transport testing samples to a lab, an applicant for licensure may propose alternative means of testing to meet the requirements of this code.

For more information, please refer to the Final Regulation of the Marijuana Industry.

Back to top

RELATED STORY
Arizona Lawmakers Want to Tighten Medical Rules

Arizona

Arizona does not require state-mandated testing for cannabis products.

For more information, please refer to the Statutes Governing the Arizona Medical Marijuana Program.

Back to top

RELATED STORY
California Seeks Control of Unruly Medical Cannabis Industry

California

See section 19344:

  • 5307. Cannabinoids

(a)A laboratory shall test for and report measurements for the following cannabinoids:

(1) THC;
(2) THCA;
(3) CBD;
(4) CBDA;
(5) CBG; and
(6) CBN.

(b) For harvest-batch samples, a laboratory shall report, to 3 significant figures, the concentration in milligrams per gram (mg/g) dry-weight sample of the cannabinoids listed in subsection (a). The laboratory shall report this information in the certificate of analysis.

(c) For harvest-batch samples, a laboratory shall also calculate the dry-weight percent of cannabinoids listed in subsection (a) that are detected in the sample in the following way:

(1) Dry-weight percent THC = wet-weight percent THC / (1 – percent moisture / 100).
(2) Dry-weight percent CBD = wet-weight percent CBD / (1 − percent moisture / 100).
(3) Dry-weight percent THCA = wet-weight percent THCA / (1 − percent moisture / 100).
(4) Dry-weight percent CBDA = wet-weight percent CBDA / (1 − percent moisture / 100).
(5) Dry-weight percent CBG = wet-weight percent CBG / (1 − percent moisture / 100).
(6) Dry-weight percent CBN = wet-weight percent CBN / (1 − percent moisture / 100).

(d)For samples from manufactured cannabis batches, a laboratory shall report, to 3 significant figures, the concentration in milligrams per gram (mg/g) of the cannabinoids listed in subsection (a). The laboratory shall report this information in the certificate of analysis.

(e)A laboratory may test for and provide test results for additional cannabinoids if requested to do so by the requester of the laboratory testing.

(f) For the purposes of cannabinoid potency testing of manufactured cannabis products, the laboratory shall report that the sample “passed” cannabinoid potency testing if the concentration of THC does not exceed the labeled potency of THC, plus or minus 15 percent. A cannabis product fails potency testing if the amount or percentage of THC exceeds the labeled concentration of THC, plus or minus 15 percent.

(g)For the purposes of cannabinoid potency testing of manufactured cannabis products, the laboratory shall report that the sample “passed” cannabinoid potency testing if the concentration of CBD does not exceed the labeled concentration of CBD, plus or minus 15 percent. A cannabis product fails potency testing if the amount or percentage of CDB exceeds the labeled concentration of CBD, plus or minus 15 percent.

  • 5310. Residual Solvents and Processing Chemicals

(a)A laboratory shall analyze samples of manufactured cannabis batches for residual solvents and processing chemicals. A laboratory does not need to analyze for residual solvents and processing chemicals in dried flower, kief, and hashish samples.

(b)The laboratory shall analyze the concentration of residual solvents present in each sample of manufactured cannabis batches in accordance with the table in subsection (c).

(c) For the purposes of residual-solvent testing, the laboratory shall report that the sample “passed” residual-solvent testing if the concentrations of residual solvents are at or below the following residual solvents and processing chemicals action levels:

Bureau of Marijuana Control, Testing Laboratories Proposed Text Page 21 of 46Chemical Name CAS No. Action Level for Medical Cannabis Goods Meant for Inhalation (ppm) Action Level for All Other Medical Cannabis–Infused Goods (ppm)
1,2-Dichloroethane 107-06-2 2 5
Acetone 67-64-1 750 5000
Acetonitrile 75-05-8 60 410
Benzene 71-43-2 1 2
Butane 106-97-8 800 5000
Chloroform 67-66-3 2 60
Ethanol 64-17-5 1000 5000
Ethyl acetate 141-78-6 400 5000
Ethyl ether 60-29-7 500 5000
Ethylene oxide 75-21-8 5 50
Heptane 142-82-5 500 5000
Hexane 110-54-3 50 290
Isopropyl alcohol 67-63-0 500 5000
Methanol 67-56-1 250 3000
Methylene chloride 75-09-2 125 600
Naphtha 8030-30-6 400 400
Pentane 109-66-0 750 5000
Petroleum ether 8032-32-4 400 400
Propane 74-98-6 2100 5000
Trichloroethylene 79-01-6 25 80
Toluene 108-88-3 150 890
Total xylenes (ortho-, meta-, para-) 1330-20-7 150 2170


5313. Residual Pesticides

(a)A testing laboratory shall test all samples for residual pesticides.

(b)Medical cannabis goods must not contain levels of pesticides above those listed in the following table:

Edible Cannabis Products (ppm) Dried Cannabis Flowers (ppm) All Other Processed Cannabis (ppm)
Abamectin 0.02 0.02 0.02
Acephate 0.02 0.02 0.02
Acequinocyl 0.27 0.1 0.02
Acetamiprid 0.01 0.01 0.01
Aldicarb 0.01 0.01 0.01
Azoxystrobin 0.01 0.01 0.01
Bifenazate 1.0 0.1 0.1
Bifenthrin 0.01 0.01 0.01
Boscalid 0.01 0.01 0.01
Captan 1.0 0.7 0.05
Carbaryl 0.01 0.01 0.01
Carbofuran 0.01 0.01 0.01
Chlorantraniliprole 0.02 0.02 0.02
Chlordane 0.01 0.01 0.01
Chlorfenapyr 0.01 0.01 0.01
Chlorpyrifos 0.02 0.02 0.02
Clofentezine 1.3 0.1 0.04
Coumaphos 0.01 0.01 0.01
Cyfluthrin 0.01 0.01 0.01
Cypermethrin 1.0 1.0 0.5
Daminozide 0.01 0.01 0.01
DDVP (Dichlorvos) 0.02 0.02 0.02
Diazinon 0.01 0.01 0.01
Dimethoate 0.01 0.01 0.01
Dimethomorph 0.01 0.01 0.01
Ethoprop(hos) 0.01 0.01 0.01
Etofenprox 0.01 0.01 0.01
Etoxazole 0.46 0.1 0.05
Fenhexamid 1.7 0.1 0.08
Fenoxycarb 0.01 0.01 0.01
Fenpyroximate 0.5 0.1 0.1
Fipronil 0.01 0.01 0.01
Flonicamid 0.4 0.1 0.1
Fludioxonil 0.02 0.02 0.02
Hexythiazox 0.25 0.1 0.1
Imazalil 0.01 0.01 0.01
Imidacloprid 0.02 0.02 0.02
Kresoxim-methyl 3.6 0.1 0.02
Malathion 0.01 0.01 0.01
Metalaxyl 0.01 0.01 0.01
Methiocarb 0.01 0.01 0.01
Methomyl 0.01 0.01 0.01
Methyl parathion 0.01 0.01 0.01
Mevinphos 0.01 0.01 0.01
Myclobutanil 0.02 0.02 0.02
Naled 0.01 0.01 0.01
Oxamyl 0.026 0.5 0.2
Paclobutrazol 0.01 0.01 0.01
Pentachloronitrobenzene 0.03 0.1 0.1
Permethrin 2.5 0.5 0.02
Phosmet 0.12 0.1 0.02
Piperonyl butoxide 63.0 3.0 3.0
Prallethrin 0.5 0.1 0.02
Propiconazole 0.02 0.02 0.02
Propoxur 0.02 0.02 0.02
Pyrethrins 0.7 0.5 0.5
Pyridaben 4.4 0.1 0.02
Spinetoram 0.5 0.1 0.04

 

Spinosad 0.29 0.1 0.02
Spiromesifen 20.0 0.1 0.1
Spirotetramat 10.0 0.1 0.1
Spiroxamine 0.01 0.01 0.01
Tebuconazole 0.01 0.01 0.01
Thiacloprid 0.01 0.01 0.01
Thiamethoxam 0.01 0.01 0.01
Trifloxystrobin 25.0 0.1 0.02

(c)The laboratory shall report the levels detected in parts per million (ppm) to 3 significant figures in the certificate of analysis. If a sample is found to contain pesticides above the allowable amount listed in the tables in subsection (b), the sample “fails” pesticide testing. If the sample fails pesticide testing, the batch fails laboratory testing and may not be released for retail sale.

  • 5316. Microbiological Impurities

(a)A testing laboratory shall test all samples for microbiological impurities. For the purposes of microbiological testing, the laboratory shall report that the sample “passed” microbiological-impurity testing if the following are not detected:

(1) Shiga toxin–producing Escherichia coli: not detected in 1 gram;

(2) Salmonella spp.: not detected in 1 gram.

(b)The laboratory shall report whether the strains listed in subsection (a) are detected or are not detected in 1 gram. The laboratory shall report this information in the certificate of analysis. If the strains are detected, the batch fails laboratory testing and may not be released for retail sale.

(c)A laboratory is also required to test for the pathogenic Aspergillus species A. fumigatus, A. flavus, A. niger, and A. terreus in all medical cannabis goods intended for consumption by inhalation, including but not limited to dried flower, kief, hashish, oil, and waxes.

(1)For the purposes of pathogenic Aspergillus-species testing, the laboratory shall report that the sample “passed” if the concentrations of the following Aspergillus species are not detected:

(A) Aspergillus fumigatus: not detected in 1 gram;
(B) Aspergillus flavus: not detected in 1 gram;
(C) Aspergillus niger: not detected in 1 gram; and
(D) Aspergillus terreus: not detected in 1 gram.

(2)If a pathogenic Aspergillus species is detected in a sample under (c)(1), the sample fails microbiological-impurity testing, and the batch fails laboratory testing and may not be released for sale. The laboratory shall report the results in the certificate of analysis.

(d)The laboratory may test for and provide test results for additional microorganisms if requested by the requester of the laboratory testing.

  • 5322. Water Activity and Moisture Content

(a) A laboratory shall analyze a dried flower harvest-batch sample to determine its water-activity level. If the water activity is at or below 0.65 Aw, the sample “passes” water-activity testing.

(b)A laboratory shall analyze solid and semi-solid edible cannabis products to determine its water-activity level. If the water activity is at or below 0.85 Aw, the sample “passes” water-activity testing.

(c)The laboratory shall report the water-activity level of the sample in Aw to 2 significant figures. The laboratory shall report this information in the certificate of analysis.

(d) A laboratory shall analyze a dried flower harvest-batch sample to determine its moisture content. If the moisture content is at 5.0% to 13.0%, the sample “passes” moisture-content testing.

(e)The laboratory shall report the moisture content in percentage to the nearest tenth of one percent, by weight, of the dry sample. The laboratory shall report this information in the certificate of analysis.

(f)The laboratory may provide additional information on moisture content and water activity results if the laboratory determines it is important or if requested by the requester of the laboratory testing.

(g) If a harvest-batch sample “fails” water-activity or moisture-content testing, the harvest batch may be returned to the cultivator or person holding title for further drying and curing unless prohibited by these regulations. The harvest batch will then need to be retested for all tests required in this chapter.

  • 5325. Filth and Foreign Material

(a)A laboratory shall analyze all samples for filth and foreign material present in the sample. “Filth and foreign material” includes but is not limited to hair, insects, feces, packaging contaminants, and manufacturing waste and by-products.

(b)The laboratory shall report that the sample “passed” filth and foreign material testing if the concentration of filth and foreign material is at or below the filth and foreign material action levels in the following table:

(c)The laboratory shall report in the certificate of analysis whether the sample “passed” or “failed” filth and foreign-material testing. If it fails filth and foreign-material testing, the batch fails laboratory testing. A harvest batch that fails must be destroyed unless it can be remediated. Failed manufactured cannabis batches must be destroyed.

Defect Action Level
Mold or foreign material Average of 5% or more, by weight
Mammalian excreta Average of 1 mg or more per pound
  • 5328. Heavy Metals

(a)The laboratory shall analyze all samples for concentrations of the following heavy metals:

(1) Arsenic (As);
(2) Cadmium (Cd);
(3)Lead (Pb); and
(4) Mercury (Hg).

(b)The laboratory shall report the concentration of each heavy metal listed in subsection (a) in micrograms per gram (μg/g) in the certificate of analysis. The laboratory shall report that the sample “passed” heavy-metal testing if the concentrations of heavy metals listed in subsection

(a)are below the following heavy metal action levels:

Heavy Metal Action Level for Medical Edible Cannabis Products, Suppositories, Sublingual Products, and Other Manufactured Products (μg/g) Action Level for All Inhaled Medical Cannabis Goods (μg/g) Action Level for Topical and Transdermal Medical Cannabis Goods (μg/g)
Cadmium 0.5 0.2 5.0
Lead 0.5 0.5 10.0
Arsenic 1.5 0.2 3.0
Mercury 3.0 0.1 1.0

(c)The laboratory may test for and may provide test results for additional metals if the instrumentation detects additional metals in the samples or if requested by the requester of the laboratory testing.

  • 5331. Terpenes

(a) If the cultivator’s, manufacturer’s, or distributor’s product labeling says that the sample contains discrete terpenes, the laboratory shall test for those terpenes. The testing laboratory shall report to one-hundredth of a percent the concentration in percentage in the certificate of analysis.

(b)The laboratory shall also report a terpene measurement for a terpene requested to be tested for by the requester of the laboratory test.

For more information, please refer to the Bureau of Medical Cannabis Regulation Proposed Text of Regulations, Title 16, Division 42, Chapter 5. Testing Laboratories.

Back to top

RELATED STORY
Top 10 Cannabis Strains in Colorado

Colorado

See M 712 – Medical Marijuana Testing Facilities: Sampling and Testing Program.

This rule shall be effective on July 1, 2016.

A. Division Authority

The Division may elect to require that a Test Batch be submitted to a specific Medical Marijuana Testing Facility for testing to verify compliance, perform investigations, compile data or address a public health and safety concern.

B. Test Batches

1. Medical Marijuana and Medical Marijuana Concentrate. A Medical Marijuana Testing Facility must establish a standard minimum weight of Medical Marijuana and Medical Marijuana Concentrate that must be included in a Test Batch for every type of test that it conducts.

2. Medical Marijuana Infused-Product. A Medical Marijuana Testing Facility must establish a standard number of finished product(s) it requires to be included in each Test Batch of Medical Marijuana Infused-Product for every type of test that it conducts.

C. Rejection of Test Batches and Samples

1. A Medical Marijuana Testing Facility may not accept a Test Batch that is smaller than its standard minimum amount.

2. A Medical Marijuana Testing Facility may not accept a Test Batch or Sample that it knows was not taken in accordance with these rules or any additional Division sampling procedures or was not collected by Division personnel.

D. Notification of Medical Marijuana Business

If Medical Marijuana, Medical Marijuana Concentrate or Medical Marijuana Infused-Product failed a contaminant test, then the Medical Marijuana Testing Facility must immediately notify the Medical Marijuana Business that submitted the sample for testing and report the failure in accordance with all Inventory Tracking System procedures.

E. Permissible Levels of Contaminants

If Medical Marijuana, Medical Marijuana Concentrate or Medical Marijuana Infused-Product is found to have a contaminant in levels exceeding those established as permissible under this rule, then it shall be considered to have failed contaminant testing. Notwithstanding the permissible levels established in this rule, the Division reserves the right to determine, upon good cause and reasonable grounds, that a particular Test Batch presents a risk to the public health or safety and therefore shall be considered to have failed a contaminant test.

1. Microbials 

Substance Acceptable Limits Per Gram Product to be Tested
Shiga-toxin producing
Escherichia coli (STEC)*-Bacteria
<1 Colony Forming Unit (CFU) Flower, Medical Marijuana
Infused Product, Water- and
Food-based Medical Marijuana
Concentrates
Salmonella species*-Bacteria <1 Colony Forming Unit (CFU)
Total Yeast and Mold <10^4 Colony Forming Unit (CFU)

*Testing facilities should contact the Colorado Department of Public Health and Environment when STEC and Salmonella are detected beyond the acceptable limits

2. Residual Solvents

Substance Acceptable Limits Per Gram Product to be Tested
Butanes <5,000 Parts Per Million (PPM) Solvent-based Medical
Marijuana Concentrate
Heptanes <5,000 Parts Per Million Solvent-based Medical
Marijuana Concentrate
Benzene** <2 Parts Per Million Solvent-based Medical
Marijuana Concentrate
Toluene** <890 Parts Per Million Solvent-based Medical
Marijuana Concentrate
Hexane** <290 Parts Per Million Solvent-based Medical
Marijuana Concentrate
Total Xylenes (m,p, o-xylenes)** <1 Parts Per Million Solvent-based Medical
Marijuana Concentrate
Any solvent not permitted for use
pursuant to Rule R 605
None detected Solvent-based Medical
Marijuana Concentrate

** Note: These solvents are not approved for use. Due to their possible presence in the solvents approved for use per Rule M 605, limits have been listed here accordingly.

3. Metals 

Substance Acceptable Limits Per Gram Product to be Tested
Metals (Arsenic, Cadmium, Lead and Mercury) Lead – Max Limit: <1.0 PPM
Arsenic – Max Limit: <0.4 PPM
Cadmium – Max Limit:<0.4 PPM
Mercury – Max Limit: <0.2 PPM
Flower, Water-, Food-, and
Solvent-Based Medical
Marijuana Concentrates;
Medical Marijuana-Infused
Product

 

4. Other Contaminants

Pesticide If testing identifies the use of a banned pesticide or the improper application of a permitted
pesticide, then that Test Batch shall be considered to have failed contaminant testing
Chemicals If Test Batch is found to contain levels of any chemical that could be toxic if consumed, then
the Division may determine that the Test Batch has failed contaminant testing
Microbials If the Test Batch is found to contain levels of any microbial that could be toxic if consumed,
then the Division may determine that the Test Batch has failed contaminant testing
Molds, Mildew
and Filth
If a Test Batch is found to contain levels of any mold, mildew, or filth that could be toxic if
consumed, then that Test Batch shall be considered to have failed contaminant testing.

5. Division Notification

A Medical Marijuana Testing Facility must notify the Division if a Test Batch is found to contain levels of a contaminant not listed within this rule that could be injurious to human health if consumed.

F. Potency Testing

1. Cannabinoids Potency Profiles

A Medical Marijuana Testing Facility may test and report results for any cannabinoid provided the test is conducted in accordance with the Division’s Medical Marijuana Testing Facility Certification Policy Statement.

2. Reporting of Results

a. For potency tests on Medical Marijuana and Medical Marijuana Concentrate, results must be reported by listing a single percentage concentration for each cannabinoid that represents an average of all samples within the Test Batch.

b. For potency tests conducted on Medical Marijuana Infused-Product, results must be reported by listing the total number of milligrams contained within a single Medical Marijuana-Infused Product unit for sale for each cannabinoid and affirming the THC content is homogenous.

3. Dried Flower

All potency tests conducted on Medical Marijuana must occur on dried and cured Medical Marijuana that is ready for sale.

4. Failed Potency Tests for Medical Marijuana Infused-Product

a. If the THC content of a Medical Marijuana Infused-Product is determined through testing not to be homogenous, then it shall be considered to have failed potency testing. A Medical Marijuana Infused-Product shall be considered not to be homogenous if 10% of the infused portion of the Medical Marijuana Infused-Product contains more than 20% of the total THC contained within entire Medical Marijuana Infused-Product.

5. Potency Variance

A potency variance of no more than plus or minus 15% is allowed.

For more information, please refer to the Code of Colorado Regulations – Marijuana Enforcement Division.

Back to top

Connecticut

See Sec. 21a-408-58, Laboratory testing:

(a) Immediately prior to manufacturing any marijuana product or packaging raw marijuana for sale to a dispensary, a producer shall segregate all harvested marijuana into homogenized batches.

(b) A producer shall make available each such batch at the production facility for a laboratory employee to select a random sample. The laboratory shall test each sample for microbiological contaminants, mycotoxins, heavy metals and pesticide chemical residue, and for purposes of conducting an active ingredient analysis.

(c) From the time that a batch of marijuana has been homogenized for sample testing and eventual packaging and sale to a dispensary facility, until the laboratory provides the results from its tests and analysis, the producer shall segregate and withhold from use the entire batch of marijuana, except the samples that have been removed by the laboratory for testing. During this period of segregation, the producer shall maintain the marijuana batch in a secure, cool and dry location so as to prevent the marijuana from becoming contaminated or losing its efficacy. Under no circumstances shall a producer include marijuana in a marijuana product or sell it to a dispensary facility prior to the time that the laboratory has completed its testing and analysis and provided those results, in writing, to the producer or other designated production facility employees.

(d) A laboratory shall immediately return or dispose of any marijuana upon the completion of any testing, use, or research. If a laboratory disposes of marijuana, the laboratory shall comply with 21a-408-64 of the Regulations of Connecticut State Agencies.

(e) If a sample of marijuana does not pass the microbiological, mycotoxin, heavy metal or pesticide chemical residue test, based on the standards set forth in this subsection, the producer shall dispose of the entire batch from which the sample was taken in accordance with section 21a-408-64 of the Regulations of Connecticut State Agencies.

(1) For purposes of the microbiological test, a marijuana sample shall be deemed to have passed if it satisfies the standards set out in Section 1111 of the United States Pharmacopeia, which can be obtained at http://www.usp.org.

(2) For purposes of the mycotoxin test, a marijuana sample shall be deemed to have passed if it meets the following standards:

Test Specification
Alfatoxin B1 <20 uG/KG of Substance
Alfatoxin B2 <20 uG/KG of Substance
Alfatoxin O1 <20 uG/KG of Substance
Alfatoxin O2 <20 uG/KG of Substance
Ochratoxin A <20 uG/KG of Substance

 

(3) For purposes of the heavy metal test, a marijuana sample shall be deemed to have passed if it meets the following standards:

Metal Natural Health Products Acceptable Limits uG/KG BW/Day
Arsenic <0.14
Cadmium <0.09
Lead <0.29
Mercury <0.29

 

(4) For purposes of the pesticide chemical residue test, a marijuana sample shall be deemed to have passed if it satisfies the most stringent acceptable standard for a pesticide chemical residue in any food item as set forth in Subpart C of the federal Environmental Protection Agency’s regulations for Tolerances and Exemptions for Pesticide Chemical Residues in Food, 40 CFR 180.

(f) If a sample of marijuana passes the microbiological, mycotoxin, heavy metal and pesticide chemical residue test, the laboratory shall release the entire batch for immediate manufacturing, packaging and labeling for sale to a dispensary facility.

(g) The laboratory shall file with the department an electronic copy of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, heavy metal or pesticide chemical residue test, at the same time that it transmits those results to the producer. In addition, the laboratory shall maintain the laboratory test results and make them available in accordance with section 21a-408-70 of the Regulations of Connecticut State Agencies.

(h) A producer shall provide to a dispensary facility the laboratory test results for each batch of marijuana used in a product purchased by the dispensary facility. Each dispensary facility shall have such laboratory results available upon request to qualifying patients, primary caregivers and a physician who has certified a qualifying patient.

For more information, please refer to the State of Connecticut Regulation of the Department of Consumer Protection Concerning the Palliative Use of Marijuana.

 

Delaware

The State of Delaware Medical Marijuana Code states that dispensaries are responsible for:

7.3.12 detailed procedures regarding the testing of medical marijuana. As part of its initial application, a compassion center shall provide to the Department detailed procedures regarding the testing of medical marijuana, and shall adhere to such procedures in connection with the operation of the compassion center. Such procedures shall include a description of how the marijuana will be tested, including:

  • 7.3.12.1 – whether the testing will be conducted in house or through a contracted facility;
  • 7.3.12.2 – how marijuana will be transported securely in connection with such testing;
  • 7.3.12.3 – what tests are conducted, including what testing procedures are used;
  • 7.3.12.4 – how results are tracked and how samples are disposed; and
  • 7.3.12.5 – the selection process and the number of samples tested.

For more information, please refer to 4470 State of Delaware Medical Marijuana Code.

Back to top

District of Columbia

No regulations exist for the testing of medical marijuana for the District of Columbia.

For more information, please refer to the Laws & Regulations Authority for the DC Medical Marijuana Program.

Back to top

Florida

The state of Florida requires that medical marijuana be tested as such:

d. Test the processed marijuana using a medical marijuana testing laboratory before it is dispensed. Results must be verified and signed by two medical marijuana treatment center employees.

Before dispensing, the medical marijuana treatment center must determine that the test results indicate:

  • that low-THC cannabis meets the definition of low-THC cannabis,
  • the concentration of tetrahydrocannabinol meets the potency requirements of this section,
  • the labeling of the concentration of tetrahydrocannabinol and cannabidiol is accurate,
  • and all marijuana is safe for human consumption and free from contaminants that are unsafe for human consumption.

The department shall determine by rule which contaminants must be tested for and the maximum levels of each contaminant which are safe for human consumption. The Department of Agriculture and Consumer Services shall assist the department in developing the testing requirements for contaminants that are unsafe for human consumption in edibles.

The department shall also determine by rule the procedures for the treatment of marijuana that fails to meet the testing requirements of this section, s. 381.988, or department rule.

The department may select a random sample from edibles available for purchase in a dispensing facility which shall be tested by the department to determine that the edible:

  • meets the potency requirements of this section,
  • is safe for human consumption,
  • and the labeling of the tetrahydrocannabinol and cannabidiol concentration is accurate.

A medical marijuana treatment center may not require payment from the department for the sample. A medical marijuana treatment center must recall edibles, including all edibles made from the same batch of marijuana, which fail to meet the potency requirements of this section, which are unsafe for human consumption, or for which the labeling of the tetrahydrocannabinol and cannabidiol concentration is inaccurate.

The medical marijuana treatment center must retain records of all testing and samples of each homogenous batch of marijuana for at least 9 months.

The medical marijuana treatment center must contract with a marijuana testing laboratory to perform audits on the medical marijuana treatment center’s standard operating procedures, testing records, and samples and provide the results to the department to confirm that the marijuana or low-THC cannabis meets the requirements of this section and that the marijuana or low-THC cannabis is safe for human consumption.

A medical marijuana treatment center shall reserve two processed samples from each batch and retain such samples for at least 9 months for the purpose of such audits. A medical marijuana treatment center may use a laboratory that has not been certified by the department under s. 381.988 until such time as at least one laboratory holds the required certification, but in no event later than July 1, 2018.

For more information, please refer to Senate Bill 8A.

Back to top

Hawaii

See laboratory standards and testing; laboratory certification:

  1. The department shall establish and enforce standards for laboratory-based testing of marijuana and manufactured marijuana products for content, contamination and consistency.
  2. The department may certify laboratories that can test marijuana and manufactured marijuana products prior to the sale of marijuana and manufactured marijuana products.

For more information, please refer to Chapter 329D – Medical Marijuana Dispensary System.

Back to top

RELATED STORY
Treating MMJ Patients in Illinois: One Doctor’s Perspective

Illinois

See Section 1000.510 Laboratory Testing:

a) Immediately prior to manufacturing or natural processing of any cannabis or cannabis-infused product or packaging cannabis for sale to a dispensary, each batch shall be made available at the cultivation center for an employee of an approved laboratory to select a random sample, which shall be tested by the approved laboratory for:

1) microbiological contaminants;

2) mycotoxins;

3) pesticide active ingredients;

4) residual solvent; and

5) purposes of conducting an active ingredient analysis.

b) The Department may select a random sample that shall, for the purposes of conducting an active ingredient analysis, be tested by the Department for verification of label information.

c) A laboratory shall immediately return or dispose of any cannabis upon the completion of any testing, use or research. If cannabis is disposed of, it shall be done in compliance with Section 1000.460.

d) If a sample of cannabis does not pass the microbiological, mycotoxin, pesticide chemical residue or solvent residue test, based on the standards set forth in this Section, the following shall apply:

1) If the sample failed the pesticide chemical residue test, the entire batch from which the sample was taken shall, if applicable, be recalled as provided for in Section 1000.410(c)(1) and disposed of in accordance with Section 1000.460.

2) If the sample failed any other test, the batch may be used to make a CO2 or solvent based extract. After processing, the CO2 or solvent based extract must still pass all required tests

e) Microbiological Test: For purposes of the microbiological test, a cannabis sample shall be deemed to have passed if it satisfies the recommended microbial and fungal limits for cannabis products in colony forming units per gram (CFU/g) set out in the American Herbal Pharmocopoeia Monograph Table as follows:

Total viable
aerobic bacteria
Total yeast
and mold
Total coliforms Bile-tolerant
gram-negative
bacteria
E. coli (pathogenic
strains) and
Salmonella spp.
CO2 and solvent
based extracts
104 103 102 102 Not detected in 1 g

Unprocessed materials include minimally processed crude cannabis preparations such as inflorescences, accumulated resin glands (kief), and compressed resin glands (hashish). Processed materials include various solid or liquid infused edible preparations, oils, topical preparations, and water-processed resin glands (bubble hash).

f) Mycotoxin Test: For purposes of the mycotoxin test, a cannabis sample shall be deemed to have passed if it meets the following standards:

Test Specification
Aflatoxin B1 <20 μg/kg of substance
Aflatoxin B2 <20 μg/kg of substance
Aflatoxin G1 <20 μg/kg of substance
Aflatoxin G2 <20 μg/kg of substance
Ochratoxin A <20 μg/kg of substance

g) Pesticide Chemical Residue Test: For purposes of the pesticide chemical residue test, a cannabis sample shall be deemed to have passed if it satisfies the most stringent acceptable standard for a pesticide chemical residue in any food item as set forth in subpart C of USEPA’s regulations for Tolerances and Exemptions for Pesticide Chemical Residues in Food (40 CFR 180 (2014)).

h) Residue Solvent Test: For purposes of the residue solvent test, a cannabis sample shall be below 10 ppm.

i) The laboratory shall file with the Department an electronic copy of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, or pesticide chemical residue test, at the same time that it transmits those results to the cultivation center. In addition, the laboratory shall maintain the laboratory test results for at least five years and make them available at the Department’s request.

j) A cultivation center shall provide to a dispensary organization the laboratory test results for each batch of cannabis product purchased by the dispensary organization, if sampled. Each dispensary organization shall have that laboratory results available upon request to qualifying patients, designated caregivers and a physician who has certified a qualifying patient.

For more information, please refer to the Administrative Code, Title 8: Agriculture and Animals, Chapter 1: Illinois Department of Agriculture, Subchapter V: Licensing and Regulations, Part 1000: Compassionate Use of Medical Cannabis Pilot Program.

Back to top

Maine

Refer to the following guidelines:

1.26 Organic. Organic means certified by an accredited organic certifier in the State of Maine as being in compliance with the United States Department of Agriculture certification requirements applying to organic products.

2.7.1.2 Pesticides. Registered dispensaries and registered primary caregivers may not use a pesticide on marijuana plants cultivated for patients unless the pesticide is exempt from federal registration requirements pursuant to 7 U.S.C. § 136w (b) and is registered with the Maine Board of Pesticides Control pursuant to 7 M.R.S.A. § 607.

2.7.4.3 Organic certification. Marijuana for medical use may not be labeled “organic” unless the marijuana plants and prepared marijuana are produced, processed, and certified to be consistent with national organic standards in compliance with the laws and regulations promulgated by the United States Department of Agriculture.

2.14 Laboratory testing of marijuana. The department may obtain, possess and perform laboratory testing on marijuana from registered dispensaries.

7.6 Laboratory testing fees. Registered dispensaries are responsible for the cost of laboratory testing of marijuana that is required by these rules.

For more information, please refer to the Rules Governing the Maine Medical Use of Marijuana Program.

Back to top

Maryland

See .03 Standards of Care:

A. The independent testing laboratory shall follow the methodologies, ranges, and parameters which are contained in the scope of the accreditation for testing medical cannabis or products containing medical cannabis.

B. The independent testing laboratory shall require each independent testing laboratory employee to complete and execute an application for employment on a form provided by the Commission.

C. The independent testing laboratory shall establish and follow written procedures for verifying the experience and education of laboratory employees.

D. The independent testing laboratory shall submit the registration information for each independent testing laboratory employee within 15 days after the date the independent testing laboratory employee was hired.

E. Upon termination of the association of the registered independent testing laboratory employee with the independent testing laboratory, the independent testing laboratory shall:

(1) Obtain any keys or other entry devices from the terminated independent testing laboratory employee;

(2) Ensure the terminated independent laboratory employee can no longer gain access to the laboratory premises; and

(3) Within 1 business day of the termination of independent laboratory employee, the independent testing laboratory shall notify the Commission of the termination.

F. The independent testing laboratory shall notify the Commission within 1 business day after the independent testing laboratory obtains notice of any kind that its accreditation has been denied, suspended or revoked.

05 Independent Testing Laboratory Responsibilities:

No independent testing laboratory may handle, test, or analyze cannabis or cannabis products unless the independent testing laboratory:

A. Has been registered by the Commission;

B. Is independent from all other persons and entities involved in the medical cannabis industry;

C. Is accredited by an accreditation body or has a provisional registration from the Commission; and

D. Has established standard operating procedures that provide for adequate chain of custody controls for samples transferred to the independent testing laboratory for testing.

For more information, please refer to the Department of Health and Mental Hygiene – Subtitle 62 – Natalie LaPrade Medical Cannabis Commission.

Back to top

Massachusetts

See section 7.0 Sample Analysis:

All sample analyses described in this protocol shall be conducted by an independent laboratory that is either:

1. Accredited to International Organization for Standardization (ISO) 17025 by a third party accrediting body such as A2LA or ACLASS, or

2. Certified, registered, or accredited by an organization approved by the Massachusetts Department of Public Health. Further requirements concerning the eligibility and responsibilities of analytical laboratories are provided in 105 CMR 725.105(C)(2). In addition to the regulatory qualifications and requirements referenced above, the independent laboratory should have a demonstrated ability to perform the specific analytical methods required and to provide defensible documentation and quality assurance.

7.1 Cannabinoid Profile

The optimal cannabinoid profile for medical marijuana has not been definitively determined, and this balance may differ depending on the medical condition being treated (AHP, 2013). Although many cannabinoids and related compounds are present in the cannabis plant, characterization of the cannabinoid profile should include, at a minimum, the dry-weight percentage of D 9 -tetrahydrocannnabinol (D 9 -THC) and cannabidiol (CBD).

Because target cannabinoid contents and ratios may vary depending on the desired dosage, medical condition, and other use considerations, minimum profile standards are not mandated. However, the cannabinoid profile must be included in product labeling as an aid to patients and caregivers. Analytical procedures for determining cannabinoid profiles are available in AHP (2013).

7.2 Metals

Finished medical marijuana products must be tested for the four metals listed in Exhibit 4. Quantification of metals must be performed with a validated method such as those provided by USP (Chapter ) or FDA (2011). A production batch of finished medical marijuana products (e.g., finished plant material, cannabis resin, or cannabis concentrate) may only be dispensed to patients if all four of the metals are below the upper limits for the respective product and intended use specified in Exhibit 4 (e.g., ingestion only or all other uses). These limits are in micrograms (µg) of contaminant per kilogram (kg) of product.

Once a production batch of finished medical marijuana has been determined to meet the limits in Exhibit 4, it must bear the following label:

This product has been evaluated for environmental contamination (impurities) assuming that no more than 10 grams (0.35 ounces) of finished plant material (or the equivalent amount of concentrate) will be consumed per day.

In addition to the above labeling requirement for all production batches of finished medical marijuana, if the quantification of metals is below the upper limits specified for “Ingestion Use Only”, as described in Exhibit 4 (b), the production batch of finished medical marijuana must bear the additional label:

This product has been evaluated for impurities based on oral consumption only. DO NOT INHALE THIS PRODUCT.

7.3 Pesticides Residues and Plant Growth Regulators

Non-organic pesticides may not be used to cultivate medical marijuana in Massachusetts (105 CMR 725.105(B)(1)(d)). As discussed in Section 5, all production batches of finished plant material must be tested for residues of prohibited pesticides. At a minimum, samples of finished plant material must be tested for the pesticides, including plant growth regulators, listed in Exhibit 5. These pesticides were identified by AHP (2013) as commonly used in cannabis cultivation. Exhibit 5 identifies appropriate analytical methods for each of the listed pesticides.

Exhibit 5 includes only a small number of the many prohibited non-organic pesticides registered for use in the U.S. To test medical marijuana for pesticides beyond the minimum list in Exhibit 5, Massachusetts recommends additional testing based on the approach USDA Certifying Agents use to analyze prohibited pesticides in organic food. Acknowledging that no method currently exists that analyzes all registered pesticides efficiently (USDA, 2012a), USDA developed a “target” analyte list of 195 prohibited pesticides (USDA, 2011). Under USDA procedures for pesticide residue testing in organic food (USDA, 2013; USDA, 2014), laboratories employed by organic Certifying Agents should “attempt to analyze as many compounds on [the USDA target analyte list] as possible.” Analytical laboratories employed by RMDs for medical marijuana testing in Massachusetts should follow the same approach. Specifically, pesticide testing should be performed consistent with the following sections of National Organic Program Handbook: Guidance and Instructions for Accredited Certifying Agents and Certified Operations (USDA, 2014):

NOP 2611: Laboratory Selection Criteria for Pesticide Residue Testing

NOP 2611-1: Prohibited Pesticides for NOP Residue Testing

NOP 2613: Responding to Results from Pesticide Residue Testing

A production batch of finished plant material may be dispensed to patients or used to make other medical marijuana products if no individual pesticide or plant growth regulator is detected above 10 ppb. A laboratory that is unable to perform the required testing of pesticide residues at or below the 10 parts per billion (ppb) criteria may determine compliance by ensuring that any pesticide residues are present at a level less than or equal to 5 percent of the US EPA tolerance for the specific residue. EPA pesticide tolerances are available from Title 40 of the Code of Federal Regulations (CFR). In such circumstances, DPH should be notified regarding the specific pesticides to which this method is being applied.

7.4 Microbiological Contaminants and Mycotoxins

Analytical requirements for microbiological contaminants and mycotoxins are listed in Exhibit 6. Requirements for total viable aerobic bacteria, total yeast and mold, total coliforms, and biletolerant gram-negative bacteria are given in colony forming unit (CFU) counts per mass of product sample. The requirement for pathogenic E. coli and Salmonella spp. is based on detection in a 1 gram sample, and the requirement for mycotoxins is based on the concentration per kilogram of sample. Analytical methods for enumerating and identifying specific microbiological contaminants must be consistent with the following United States Pharmacopeia (USP) chapters:

  • USP Chapter <61>: Microbiological Examination of Nonsterile Products: Microbial Enumeration Tests. USP 36, Chapter <61>
  • USP Chapter<62>: Microbiological Examination of Nonsterile Products: Tests for specified Microorganisms. USP 36, Chapter <62>

Analytical methods for mycotoxins must be consistent with USP chapter:

  • USP Chapter <561>: Articles of Botanical Origin. USP 36, Chapter <561>

7.5 Residual Solvents

As discussed in Section 4.2.1, residual solvents testing is required only for cannabis resins and concentrates where solvents have been used in the production process. In particular, a production batch of cannabis oil may be dispensed as a finished medical marijuana product or used to make another medical marijuana product only if:

  • Laboratory analysis verifies that all solvents used at any stage of cannabis oil production, except in cleaning equipment, are below the limits provided in Exhibit 6; and
  • The production batch passes all other applicable testing requirements.

Only solvents listed in Exhibit 7 may be used in the production of cannabis oil. A RMD is required to test only for those solvents used, and it is not required to test for any residual solvents if it can document that no solvents were used in the cannabis oil production process. The upper limits for residual solvents in Exhibit 7 are given as milligrams of residual solvent per kilogram of cannabis oil. DPH developed the upper limits based on residual solvent standards provided by the United States Pharmacopeia (USP Chapter <467>), the International Conference on Harmonization (ICH, 2011), and AHP (2013). Consistent with the standards provided by these sources, “Class 1” solvents including benzene, carbon tetrachloride, 1,2- dichloroethane, 1,1-dichloroethene, and 1,1,1-trichloroethane may not be used in the production of any medical marijuana product.

Analyses to determine residual solvent concentrations in medical marijuana products must be performed in accordance with the methods identified in USP Chapter <467>

For more information, please refer to the Protocol for Sampling and Analysis of Finished Medical Marijuana Products and Marijuana-Infused Products for Massachusetts Registered Medical Marijuana Dispensaries.

 

Michigan

There are no current regulations requiring medical marijuana testing in the state of Michigan.

For more information, please refer to the Department of Licensing and Regulatory Affairs Director’s Office Michigan Medical Marihuana Administrative Code.

Back to top

Minnesota

See 4770.0500 MEDICAL CANNABIS MANUFACTURER; QUALITY CONTROL; ASSURANCE PROGRAM:

Subpart 1. Quality control program.

A medical cannabis manufacturer must develop and implement a written quality assurance program that assesses the chemical and microbiological composition of medical cannabis. Assessment includes a profile of the active ingredients, including shelf life, and the presence of inactive ingredients and contaminants. A medical cannabis manufacturer must use these testing results to determine appropriate storage conditions and expiration dates.

Subpart 2. Sampling protocols. A medical cannabis manufacturer must develop and follow written procedures for sampling medical cannabis that require the manufacturer to:

A. conduct sample collection in a manner that provides analytically sound and representative samples;

B. document every sampling event and provide this documentation to the commissioner upon request;

C. describe all sampling and testing plans in written procedures that include the sampling method and the number of units per batch to be tested;

D. ensure that random samples from each batch are:

(1) taken in an amount necessary to conduct the applicable test;

(2) labeled with the batch unique identifier; and

(3) submitted for testing; and

E. retain the results from the random samples for at least five years.

Subpart 3. Sampling; testing levels.

A medical cannabis manufacturer must:

A. develop acceptance criteria for all potential contaminants based on the levels of metals, microbes, or other contaminants that the manufacturer uses in cultivating and producing medical cannabis. The testing levels are subject to approval by the commissioner;

B. conduct sampling and testing using acceptance criteria that are protective of patient health. The sampling and testing results must ensure that batches of medical cannabis meet allowable health risk limits for contaminants;

C. reject a medical cannabis batch that fails to meet established standards, specifications, and any other relevant quality-control criteria;

D. develop and follow a written procedure for responding to results indicating contamination. The procedure must include destroying contaminated medical cannabis and determining the source of contamination; and

E. retain documentation of test results, assessment, and destruction of medical cannabis for at least five years.

Subpart 4. Quality assurance program; stability testing.

A. The quality assurance program must include procedures for performing stability testing of each product type produced to determine product shelf life that addresses:

(1) sample size and test intervals based on statistical criteria for each attribute examined to ensure valid stability estimates;

(2) storage conditions for samples retained for testing; and

(3) reliable and specific test methods.

B. Stability studies must include:

(1) medical cannabis testing at appropriate intervals;

(2) medical cannabis testing in the same container-closure system in which the drug product is marketed; and

(3) testing medical cannabis for reconstitution at the time of dispensing, as directed in the labeling, and after the samples are reconstituted.

C. If shelf-life studies have not been completed before July 1, 2015, a medical cannabis manufacturer may assign a tentative expiration date, based on any available stability information. The manufacturer must concurrently conduct stability studies to determine the actual product expiration date.

D. After the manufacturer verifies the tentative expiration date, or determines the appropriate expiration date, the medical cannabis manufacturer must include that expiration date on each batch of medical cannabis.

E. Stability testing must be repeated if the manufacturing process or the product’s chemical composition is changed.

Subpart 5. Reserve samples.

A. A medical cannabis manufacturer must retain a uniquely labeled reserve sample that represents each batch of medical cannabis and store it under conditions consistent with product labeling. The reserve sample must be stored in the same immediate container-closure system in which the medical cannabis is marketed, or in one that has similar characteristics. The reserve sample must consist of at least twice the quantity necessary to perform all the required tests.

B. A medical cannabis manufacturer must retain the reserve for at least one year following the batch’s expiration date.

Subpart 6. Retesting.

If the commissioner deems that public health may be at risk, the commissioner may require the manufacturer to retest any sample of plant material or medical cannabis.

For more information, please refer to Chapter 4770 Department of Health Medical Cannabis Rules.

Back to top

Montana

There are no current regulations for the testing of medical marijuana in the state of Montana.

For more information, please refer to Montana Code Annotated 2015 – 50-46-302. Definitions.

 

RELATED STORY
Legalization in Nevada: Here’s What Happens Next

Nevada

   NAC 453A.652  Testing methodologies; practices, procedures and programs relating thereto; inspections. (NRS 453A.370)

1.  Each independent testing laboratory must:

(a) Follow the most current version of the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph published by the American Herbal Pharmacopoeia; or

(b) Notify the Division of the alternative testing methodology the laboratory is following for each quality assurance test it conducts. The Division may require the independent testing laboratory to have the testing methodology followed pursuant to this paragraph validated by an independent third-party to ensure that the methodology followed by the laboratory produces scientifically accurate results before the laboratory may use the methodology when conducting testing services.

2.  The Division may require an independent testing laboratory to have its basic proficiency to execute correctly the analytical testing methodologies used by the laboratory validated and monitored on an ongoing basis by an independent third-party.

3.  Each independent testing laboratory shall:

(a) Either:

(1) Adopt and follow minimum good laboratory practices which must, at a minimum, satisfy the OECD Principles of Good Laboratory Practice and Compliance Monitoring published by the Organisation for Economic Co-operation and Development; or

(2) Become certified by the International Organization for Standardization and agree to have the inspections and reports of the International Organization for Standardization made available to the Division.

(b) Maintain internal standard operating procedures.

(c) Maintain a quality control and quality assurance program.

4.  The Division or an independent third-party authorized by the Division may conduct an inspection of the practices, procedures and programs adopted, followed and maintained pursuant to subsection 3 and inspect all records of the independent testing laboratory that are related to the inspection.

5.  The Division hereby adopts by reference:

(a) The Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph published by the American Herbal Pharmacopoeia.

(b) The OECD Principles of Good Laboratory Practice and Compliance Monitoring published by the Organisation for Economic Co-operation and Development.

(Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.654  Required quality assurance tests. (NRS 453A.370)

1.  Each independent testing laboratory must use the general body of required quality assurance tests for usable marijuana, marijuana-infused products, extracts of marijuana and edible marijuana products set forth in this section. Such tests may include moisture content, potency analysis, foreign matter inspection, microbial screening, pesticide and other chemical residue and metals screening and residual solvents levels. An independent testing laboratory may request additional sample material in excess of the amounts listed in the table set forth in this section for the purposes of completing required quality assurance tests. An independent testing laboratory may retrieve samples from the premises of another medical marijuana establishment and transport the samples directly to the laboratory.

2.  The tests required pursuant to subsection 1 and the sample size of products required for the required testing of each type of marijuana or marijuana product by an independent testing laboratory are as follows:

Product

Tests Required

Sample Size Needed to Complete all Tests

Usable marijuana 1. Moisture content

2. Potency analysis

3. Terpene analysis

4. Foreign matter inspection

5. Microbial screening

6. Mycotoxin screening

7. Heavy metal screening

8. Pesticide residue analysis

12 grams or less
Extract of marijuana (nonsolvent) like kief, hashish, bubble hash, infused dairy butter, or oils or fats derived from natural sources 1. Potency analysis

2. Foreign matter inspection

3. Microbial screening

4. Terpene analysis

7 grams or less
Extract of marijuana (solvent-based) made with a CO2 extractor 1. Potency analysis

2. Terpene analysis

3. Microbial screening

2 grams or less
Extract of marijuana (solvent-based) made using n-butane, isobutane, propane, heptane, or other solvents or gases approved by the Division of at least 99 percent purity 1. Potency analysis

2. Terpene analysis

3. Residual solvent test

4. Microbial screening (only if using marijuana that failed the initial test)

2 grams or less
Extract of marijuana made with food grade ethanol 1. Potency analysis

2. Terpene analysis

3. Microbial screening (only if using marijuana that failed the initial test)

2 grams or less
Extract of marijuana made with food grade glycerin or propylene glycol 1. Potency analysis

2. Terpene analysis

3. Microbial screening (only if using marijuana that failed the initial test)

20 grams or less
Edible marijuana-infused product 1. Potency analysis

2. Terpene analysis

3. Microbial screening

1 unit
Liquid marijuana-infused product, including, without limitation, soda or tonic 1. Potency analysis

2. Terpene analysis

3. Microbial screening

1 unit
Topical marijuana-infused product Potency analysis 1 unit

   NAC 453A.658  Sample testing; disposal of samples; standards; laboratory test results; grounds for disciplinary action. (NRS 453A.370)

     1.  Immediately before packaging:

     (a) Raw marijuana for sale to a medical marijuana dispensary, facility for the production of edible marijuana products or marijuana-infused products or another cultivation facility, a cultivation facility shall segregate all harvested marijuana into homogenized batches and select a random sample from each batch for testing by an independent testing laboratory. The independent testing laboratory must collect the samples unless the cultivation facility designates a person responsible for segregating all harvested marijuana into homogenized batches pursuant to this subsection in accordance with the standards set forth by the laboratory and the cultivation facility to ensure a random, homogenized sample. If the cultivation facility designates a person to segregate homogenized batches, the cultivation facility must file an attestation with the Division as to the manner in which each random, homogenized sample is selected for testing.

     (b) Edible marijuana products or marijuana-infused products, a facility for the production of edible marijuana products or marijuana-infused products shall select a random sample from each batch for testing by an independent testing laboratory. The independent testing laboratory must collect the samples unless the facility for the production of edible marijuana products or marijuana-infused products designates a person responsible for identifying the samples in accordance with the standards set forth by the laboratory and the facility for the production of edible marijuana products or marijuana-infused products. If the facility for the production of edible marijuana products or marijuana-infused products designates a person to collect the samples, the facility shall file an attestation with the Division as to the manner in which each sample is selected for testing.

     2.  An independent testing laboratory that receives a sample pursuant to this section shall test the sample for cannabinoids, terpenoids, microbial contaminants, mycotoxins, heavy metals and pesticide chemical residue, residual solvents levels and for purposes of conducting an active ingredient analysis, as specified in the policy manual for independent testing laboratories created by the Division.

     3.  From the time that a batch has been homogenized for sample testing and eventual packaging and sale to a medical marijuana dispensary, facility for the production of edible marijuana products or marijuana-infused products or, if applicable, another cultivation facility until the independent testing laboratory provides the results from its tests and analysis, the facility which provided the sample shall segregate and withhold from use the entire batch, except the samples that have been removed for testing. During this period of segregation, the facility which provided the sample shall maintain the batch in a secure, cool and dry location so as to prevent the marijuana from becoming contaminated or losing its efficacy. Under no circumstances shall the facility which provided the sample sell the marijuana or edible marijuana products or marijuana-infused products, as applicable, to a medical marijuana dispensary, facility for the production of edible marijuana products or marijuana-infused products or, if applicable, another cultivation facility before the time that the independent testing laboratory has completed its testing and analysis and provided those results, in writing, to the facility which provided the sample.

     4.  An independent testing laboratory shall immediately return or dispose of any sample received pursuant to this section upon the completion of any testing, use or research. If an independent testing laboratory disposes of a sample received pursuant to this section, the laboratory shall document the disposal of the sample using its inventory control system pursuant to NRS 453A.356 and NAC 453A.414.

     5.  Except as otherwise provided in NAC 453A.672, if a sample provided to an independent testing laboratory pursuant to this section does not pass the microbial, mycotoxin, heavy metal, pesticide chemical residue or residual solvents levels test based on the standards of the Division, the facility which provided the sample shall dispose of the entire batch from which the sample was taken and document the disposal of the sample using its inventory control system pursuant to NRS 453A.356 and NAC 453A.414.

     6.  For the purposes of the microbial test, a sample provided to an independent testing laboratory pursuant to this section shall be deemed to have passed if it satisfies the standards set forth in Table 9 of the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph adopted by reference pursuant to NAC 453A.652.

     7.  For the purposes of the mycotoxin test, a sample provided to an independent testing laboratory pursuant to this section shall be deemed to have passed if it meets the following standards:

           Test                                                      Specification

The total of aflatoxin B1,

aflatoxin B2, aflatoxin G1 and

aflatoxin G2………………………………….. <20 uG/KG of Substance

Ochratoxin A………………………………… <20 uG/KG of Substance

     8.  For the purposes of the heavy metal test, a sample of marijuana shall be deemed to have passed if it meets the following standards:

          Metal                                           Natural Health Products

                                                              Acceptable limits uG/KG

Arsenic………………………………………………………. <0.14

Cadmium……………………………………………………. <0.09

Lead………………………………………………………….. <0.29

Mercury……………………………………………………… <0.29

     9.  The Independent Laboratory Advisory Committee established pursuant to NAC 453A.666 shall establish the list of pesticides approved for use in the cultivation and production of marijuana, edible marijuana products and marijuana-infused products to be sold or used in this State. For the purposes of the pesticide chemical residue test, a sample provided to an independent testing laboratory pursuant to this section shall be deemed to have passed if it satisfies the most stringent acceptable standard for an approved pesticide chemical residue in any food item as set forth in Subpart C of 40 C.F.R. Part 180.

     10.  If a sample provided to an independent testing laboratory pursuant to this section passes the microbial, mycotoxin, heavy metal, pesticide chemical residue and residual solvents levels tests, the independent testing laboratory shall release the entire batch for immediate manufacturing, packaging and labeling for sale to a medical marijuana dispensary, a facility for the production of edible marijuana products or marijuana-infused products or, if applicable, another cultivation facility.

     11.  An independent testing laboratory shall file with the Division an electronic copy of each laboratory test result for any batch that does not pass the microbial, mycotoxin, heavy metal, pesticide chemical residue or residual solvents levels test at the same time that it transmits those results to the facility which provided the sample. In addition, the independent testing laboratory shall maintain the laboratory test results and make them available to the Division upon request.

     12.  The Division will take immediate disciplinary action against any medical marijuana establishment which fails to comply with the provisions of this section or falsifies records related to this section, including, without limitation, revoking the medical marijuana establishment registration certificate of the medical marijuana establishment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

For more information, please refer to Chapter 453A – Medical Use of Marijuana.

Back to top

New Hampshire

See He-C 402.15 Testing:

(a) Each batch of cannabis harvested by the ATC shall be tested in accordance with this section.

(b) Each batch of cannabis shall be tested for its cannabinoid profile, to include at a minimum, THC, THCV, CBC, CBD, CBN, and CBG, by an independent laboratory located in New Hampshire that is:

(1) Accredited to International Organization for Standardization (ISO) 17025 by a third party accrediting body such as American Association for Laboratory Accreditation (A2LA) or ANSI-ASQ National accreditation Board (ACLASS); or

(2) Certified under the Clinical Laboratory Improvement Act (CLIA).

(c) An ATC shall be required to have CIP tested for its cannabinoid profile when the department determines that there is reason to believe that the cannabinoid profile on the label of the CIP does not accurately reflect the actual CIP cannabinoid profile. Copies of the testing results shall be sent to the department from the laboratory.

(d) The ATC’s water supply shall be tested annually for contaminants and demonstrate results below the EPA maximum contaminant levels for organic and inorganic contaminants. If a water treatment system is needed, the department may require more frequent testing.

(e) Soil used to cultivate cannabis shall be tested annually and must meet the US Agency for Toxic Substance and Disease Registry’s Environmental Media Evaluation Guidelines for residential soil levels.

(f) Each batch of cannabis harvested shall undergo dry heat exposure processing to kill all fungi, and quality control organisms for known mold spore testing shall be processed with the batch to document the effectiveness of the dry heat process.

(g) For each batch that If water or soil fails to meet the standards in (d)-(f) and (e) above, the ATC shall perform and document both a root cause analysis and any corrective action taken.

(h) The ATC shall maintain the results of all testing for no less than 4 years.

(i) The department reserves the right to require additional testing, copies of results for which shall be sent to the department, order recalls, or order destruction of cannabis or CIP:

(1) Iin the event it has evidence of tampering or product contamination and to seize product(s), order recalls, or order destruction of cannabis or CIP.;

(2) In order to determine the presence or absence of contaminants; or

(3) In order to verify the accuracy of labeling.

(j) Where testing under (b) or (c) above indicates that the cannabinoid profile on the label does not accurately reflect its contents, the department reserves the right to seize, order recalls, or order destruction of cannabis or CIP.

(k)Prior to transferring a cannabis sample to a laboratory for testing, the ATC shall require the testing laboratory to supply documentation of the test sample size requirements, for all analytes tested, to determine a minimum yet adequate amount of cannabis required by the laboratory to perform the testing required by (b) or (c) above.

(l) The ATC shall maintain documentation of the testing results required by (b) above for a minimum of 4 years.

(m) Laboratories and laboratory employees shall be permitted to possess cannabis on the premises of the laboratory for the purpose of testing in accordance with this section.

(n) ATCs shall be responsible for all costs associated with the testing of cannabis samples.

(o) No ATC agent shall have any financial or other interest in a laboratory providing testing services in accordance with this section.

(p) No individual employee of a laboratory providing testing services for ATCs may receive direct financial compensation from any ATC.

(q) All storage of cannabis at a laboratory providing cannabis-testing services shall comply with He-C 402.17.

For more information, please refer to Chapter He-C 400 Therapeutic Cannabis Program Initial Proposal.

Back to top

RELATED STORY
Cannabis Legalization Looms Large in NJ Governor Race

New Jersey

The Department acknowledges that N.J.A.C. 8:64-13.4(c) does not specifically provide for testing of THC content. The rule does, however, provide that testing may include other things in addition to the listed items such as mold, heavy metals, pesticides, etc. Accordingly, the Department reserves the right to test for THC content.

8:64-13.4 Quality control; sample collection; chain of custody

(a) To ensure the safety of registered qualifying patients, an ATC shall provide samples to the Department during announced and unannounced inspections for product quality control.

(b) To implement the requirement in (a) above, the Department shall:

1. Collect soil and plant samples and samples of products containing marijuana cultivated and/or dispensed, as applicable, by the ATC;

2. Place the permit number of the ATC on each sample container;

3. Label the sample containers with a description and the quantity of its content;

4. Seal the sample containers; and

5. Have ATC and Department staff initial each sample container.

(c) The Department shall maintain documentation of the chain of custody of samples taken.

1. The Department shall provide a receipt for the collected samples to the ATC’s authorized representative.

2. The Department shall maintain an accounting of all collected sample containers for control purposes.

3. The Department shall test samples.

i. Sample testing may include tests for, among other things, the presence of pests, mold, mildew, heavy metals and pesticides and the accuracy of labeling.

4. The Department shall issue written reports of the results of its testing to the ATC. 5. The ATC shall pay the expenses for the testing.

For more information, please refer to the Environmental and Occupational Health Services Division Medicinal Marijuana Program Final Rules.

Back to top

New Mexico

L. Maximum concentration of THC in concentrates: A licensed non-profit producer shall not sell or otherwise distribute a concentrated cannabis derived product to a qualified patient or primary caregiver that contains greater than seventy percent (70%) THC by weight, unless the qualified patient or primary caregiver presents proof of a valid medical exception granted by the department.

M. Maximum water content in dried usable cannabis: A licensed non-profit producer shall not sell usable cannabis, other than a cannabis derived product, that contains fifteen percent (15%) or greater water content by weight. A licensed non-profit producer may be subject to testing to ensure compliance, consistent with the provisions of this rule.

7.34.4.9 NON-PROFIT PRODUCER TESTING OF USABLE CANNABIS:

All dried usable cannabis and all concentrated cannabis derived products produced, sold, or distributed by a non-profit producer shall be sampled for testing purposes by the licensed non-profit producer, and those samples shall be tested by an approved laboratory, consistent with the requirements of this rule, prior to the sale or distribution of the dried usable cannabis or concentrated cannabis derived product. Each batch of dried usable cannabis or cannabis concentrate shall be segregated and sampled, and each sample shall be tested by an approved laboratory in accordance with the testing requirements of this rule, and determined by the licensed non-profit producer to have passed the following individual testing requirements, before dried usable cannabis or cannabis concentrate from that batch is made available for sale or distribution.

A. Exception; staggered implementation: The department may waive testing requirement(s) of this section, in whole or in part, if the department determines that the number of laboratories approved to conduct a given test is insufficient for all testing samples to be appropriately processed. The department may also adopt and enforce a staggered, random testing schedule for the sampling and testing of dried, usable cannabis and concentrated cannabis derived products by licensed non-profit producers.

B. Exception for previously tested cannabis: A non-profit producer shall not be required to sample and test cannabis or a concentrated cannabis-derived product if the batch was previously sampled, and the sample was tested by another non-profit producer and determined to have passed the testing requirements of this rule.

C. Individual testing requirements:

(1) Microbiological test: A non-profit producer shall sample and test dried, usable cannabis and concentrated cannabis derived products for microbiological contaminants, using an approved laboratory. A dried cannabis sample may be deemed to have passed the microbiological test if it satisfies the standards set forth in Section 2023 of the United States Pharmacopeia (“microbiological attributes of non-sterile nutritional and dietary supplements”), which can be obtained at http://www.usp.org.

(2) Mycotoxin test: A non-profit producer shall sample and test dried, usable cannabis and concentrated cannabis derived products for mycotoxins, using an approved laboratory. A sample may be deemed to have passed the mycotoxin test if the total quantity of aflatoxin B1, B2, G1, and G2 and ochratoxin A is collectively less than 20 µg/kg (parts per billion) of the sample.

(3) Solvent residue test: A non-profit producer shall sample and test all concentrated cannabis derived products that are manufactured using solvent extraction methods for the presence of solvent residue, using an approved laboratory. A non-profit producer shall determine on the basis of the solvent residue test results whether the quantity of solvent residue contained within a concentrated cannabis derived product poses a health risk to consumers. A non-profit producer shall not sell or distribute a concentrated cannabis derived product from a batch that is found to contain a quantity of solvent residue that is likely to be harmful to human health.

(4) Heavy metals test: A non-profit producer shall sample and test dried, usable cannabis and concentrated cannabis derived products for heavy metals. A sample may be deemed to have passed the heavy metals test if the total quantity of arsenic is less than 0.14 µg/kg (parts per billion); if the total quantity of cadmium is less than 0.09 µg/kg; if the total quantity of lead is less than 0.29 µg/kg; and if the total quantity of mercury is less than 0.29 µg/kg. Exception: a non-profit producer that grows cannabis in a hydroponic system utilizing either a municipal water supply or a water filtering system sufficient to filter the contaminants identified above shall not be subject to heavy metals test requirements.

(5) Quantity of THC and CBD: A non-profit producer shall sample and test all dried usable cannabis and concentrated cannabis derived products for quantity of THC and CBD, using an approved laboratory, prior to sale, distribution, or other use.

(6) Additional testing: The department may require additional testing of cannabis and cannabis derived products by non-profit producers, as it deems appropriate.

D. Release of batch after testing:

A licensed non-profit producer may release an entire batch of dried cannabis or concentrated cannabis derived product for immediate manufacture, sale, or other use, provided that the sample taken from the batch passes the tests required in this section.

E. Procedures for testing:

A licensed non-profit producer shall ensure that the following testing procedures are followed:

(1) sampling and segregation: a licensed non-profit producer shall remove a sample of no less than three grams from every batch of harvested, dried, usable cannabis, and no less than one gram from every batch of concentrated cannabis-derived product, and transfer the sample to an approved laboratory for testing; the remainder of the batch of dried, usable cannabis or concentrated cannabis-derived product shall be segregated until the licensed non-profit producer receives the results of laboratory testing report and determines whether the batch meets the testing requirements of this rule;

(2) documentation: a licensed non-profit producer shall appropriately document the sampling and testing of all dried cannabis and concentrated cannabis-derived product, and shall utilize a department approved laboratory for the purpose of testing usable cannabis;

(3) remediation: if a sample does not pass testing, the producer shall determine whether remediation is appropriate and test another sample from the batch at issue, or identify processes that will render the dried cannabis or cannabis-derived product safe and retest in accordance with the requirements of this section;

(4) notice and destruction: if the batch cannot be remediated to where it meets the testing requirements of this rule, the non-profit producer shall notify the medical cannabis program within 24 hours, and confirm the destruction and disposal of the dried cannabis or concentrated cannabis-derived product;

(5) testing and remediation protocols: a licensed non-profit producer shall adopt and maintain on the premises protocols regarding sampling, sample testing, remediation, and retesting, consistent with this rule;

(6) preservation and inspection of testing records: a licensed non-profit producer shall maintain all results of laboratory tests conducted on cannabis or cannabis derived products produced by the licensed non-profit producer or its contractor for a period of at least two years, and shall make those results available to qualified patients and primary caregivers enrolled in the medical cannabis program upon request; and

(7) disciplinary action: repeated failure to pass testing may result in the imposition of disciplinary action(s) by the department, consistent with this rule.

For more information, please refer to Title 7, Chapter 34, Part 4 of Licensing Requirements for Producers, Couriers, Manufacturers and Laboratories for the Medical Cannabis Program.

Back to top

RELATED STORY
A Snapshot of Cannabis Culture in New York City

New York

Refer to §1004.14 Laboratory testing requirements for medical marihuana:

(a) Medical marihuana products produced by a registered organization shall be examined in a laboratory located in New York State that is licensed by the federal Drug Enforcement Administration (DEA) and approved for the analysis of medical marihuana by the department in accordance with article 5 of the public health law and subpart 55-2 of this title.

(b) No board member, officer, manager, owner, partner, principal stakeholder or member of a registered organization shall have an interest or voting rights in the laboratory performing medical marihuana testing.

(c) The registered organization shall submit to the laboratory, and testing shall only be performed on, the final medical marihuana product equivalent to the sealed medical marihuana product dispensed to the patient (e.g., in a sealed vial or intact capsule).

(d) Testing of the final medical marihuana product is mandatory. However, at the option of the registered organization, testing may be performed on components used for the production of the final medical marihuana product including but not limited to water or growing materials. Testing may also be performed on the final marihuana extract prior to packaging e.g. for cannabinoid profile verification or contaminant testing.

(e) Sampling and testing of each lot of final medical marihuana product shall be conducted with a statistically significant number of samples and with acceptable methodologies such that there is assurance that all lots of each medical marihuana product are adequately assessed for contaminants and the cannabinoid profile is consistent throughout.

(f) Testing of the cannabinoid profile shall include, at a minimum, those analytes specified in section 1004.11(c)(2) of this part.

(g) Testing for contaminants in the final medical marihuana product shall include but shall not be limited to those analytes listed below. The department shall make available a list of required analytes and their acceptable limits as determined by the commissioner.

Analyte:

  • E. coli
  • Klebsiella
  • Pseudomonas (for products to be vaporized)
  • Salmonella
  • Streptococcus
  • Bile tolerant gram negative bacteria
  • Aspergillus
  • Mucor species
  • Penicillium species
  • Thermophilic Actinomycetes species
  • Aflatoxin
  • Ochratoxin
  • Antimony
  • Arsenic
  • Cadmium
  • Chromium
  • Copper
  • Lead
  • Nickel
  • Zinc
  • Mercury
  • Any pesticide/herbicide/fungicide used during production of the medical marihuana product
  • Any growth regulator used during production of the medical marihuana product
  • Any other analyte as required by the commissioner.

(h) The laboratory shall track and destroy any quantity of medical marihuana product that is not consumed in samples used for testing.

  • No immediate family members of a board member, officer, manager, owner, partner, principal stakeholder or member of a registered organization shall have an interest or voting rights in the lab performing testing on medical marihuana.
  • Registered organizations may test final products that have been packaged.
  • Sampling methodologies must be approved by the department.
  • Laboratories are required to dispose of all untested products.
  • Laboratories must return all medical marihuana products deemed unsuitable for testing to the registered organization.

For more information, please refer to New York Medical Marijuana Program Regulations

Back to top

RELATED STORY
Your 101 Guide to Recreational Cannabis in Oregon

Oregon

Refer to Marijuana Testing 333-008-9000:

Test Results:

(1) Between February 1, 2016, and February 29, 2016, for a marijuana item transferred to a dispensary on and after February 1, 2016, notwithstanding OAR 333-008-1190(8) a registered dispensary may only accept a test result report that complies with section (3) of this rule.

(2) A laboratory testing marijuana to meet the requirements in OAR 333-008-1190 must, prior to February 29, 2016, submit its quality control manual to the Authority.

(a) The manual may be mailed to the Authority at PO Box 14116, Portland, OR 97293, or may be sent electronically via the Authority’s website, http://mmj.oregon.gov.

(b) The Authority will create a list of laboratories that have submitted a quality control manual by the deadline and post the list on Authority’s website, http://mmj.oregon.gov.

(c) On and after March 1, 2016, a dispensary may only accept laboratory test results from a laboratory listed on the Authority’s website.

(3) Testing Results. A laboratory test result must:

(a) Comply with the standards in TNI 2009, Volume 1, Module 2, Section 5.10, incorporated by reference;

(b) Include the following information:

(A) The name of each specific analyte tested;

(B) The limit of quantitation (LOQ) as that is defined in TNI 2009, Volume 1, Module 2, Section 3.1 and TNI 2009, Volume 1, Module 4, Section 1.5, incorporated by reference;

(C) The pesticide results as a numerical value in units of either parts per million or parts per billion if the analyte was detected or a statement that the level detected was less than the LOQ;

(D) The levels of THC and CBD calculated in accordance with OAR 333-064-0100; and

(E) The quality control results from the blank and quality control samples associated with the sample testing.

(c) Be signed by an official of the laboratory with an attestation that the results are accurate and that testing was done using valid testing methodologies and a quality system as required in OAR 333-008-1190.

(4) If the Authority determines that a laboratory is not using valid testing methodologies, does not have a quality system, or is not producing test result reports in accordance with this rule or OAR 333-008-1190 the Authority may remove the name of the laboratory from the list on the Authority’s website.

(5) The Authority may do audit testing of a marijuana item in order to determine whether a dispensary is in compliance with this rule and OAR 333-008-1190.

For more information, please refer to the Oregon Administrative Rules, Chapter 333, Division 8 – Medical Marijuana.

Back to top

Rhode Island

There are currently no regulations for the testing of medical marijuana in the state of Rhode Island.

For more information, please refer to Chapter 21-28.6 – The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act.

Back to top

RELATED STORY
Crash and Burn in Burlington: How Legalization Failed in Vermont

e]

Vermont

6.9.5 The Department may require laboratory testing of cannabis produced by a registered dispensary. The Department may specify the testing methodology. The registered dispensary shall bear the costs of any testing required by the Department.

6.11.7 Record of cannabis: A registered dispensary shall establish written policies and procedures addressing inventory controls including the requirements contained in Section 6.3 and 6.7 of these rules. The registered dispensary shall submit these written policies and procedures, including any updates, to the VMR prior to implementation. Furthermore, records shall be maintained for the following information, at a minimum:

6.11.7.5 Cannabis plants harvested. The record shall contain the date, weight of the harvested portion of the plant, strain, any testing data, and acknowledgement attesting to the information by the cardholder harvesting and an acknowledgement by a second cardholder verifying the information, including the cardholders’ registry identification numbers.

6.11.7.6 Cannabis plant material when the drying process has concluded. The record shall contain the duration of the drying process, the date, weight of remaining cannabis, strain, any testing data, and acknowledgement attesting to the information by the cardholder processing the cannabis and an acknowledgement by a second cardholder verifying this information, and duration, including the cardholders’ registry identification numbers.

6.11.7.7 Cannabis plant material when the curing process is completed. The record shall contain the duration of the curing process, the date, weight of the flowers and leaves, strain, any testing data, signatures and registry identification numbers for the cardholder who processes the plant material and a second cardholder verifying the above information.

6.11.7.8 Packaged cannabis plant material. The record shall contain the date, weight of the flowers and leaves in grams or ounce units, the strain, any testing data, including signatures and registry identification numbers for the cardholder packaging and second cardholder verifying this information.

6.11.7.9 Cannabis plant material used in cannabis-infused products. In addition to requirements contained in Section 6.7 of these rules, the record shall contain the date, strain, any testing data, signatures, and registry identification numbers for the cardholder harvesting, and second cardholder verifying this information.

8.7 Laboratory testing fees: Registered dispensaries are responsible for the cost of laboratory testing that may be required by these rules.

For more information, please refer to the Rules Regulating Cannabis for Symptom Relief.

Back to top

Washington

Quality assurance testing.

(1) A third-party testing lab must be certified by the WSLCB or their vendor as meeting the WSLCB’s accreditation and other requirements prior to conducting required quality assurance tests. Certified labs will receive a certification letter from the WSLCB and must conspicuously display this letter in the lab in plain sight of the customers. The WSLCB can summarily suspend a lab’s certification if a lab is found out of compliance with the requirements of this chapter.
(2) A person with financial interest in a certified third-party testing lab may not have direct or indirect financial interest in a licensed marijuana producer or processor for whom they are conducting required quality assurance tests. A person with direct or indirect financial interest in a certified third-party testing lab must disclose to the WSLCB by affidavit any direct or indirect financial interest in a licensed marijuana producer or processor.
(3) As a condition of certification, each lab must employ a scientific director responsible to ensure the achievement and maintenance of quality standards of practice. The scientific director shall meet the following minimum qualifications:
(a) Has earned, from a college or university accredited by a national or regional certifying authority a doctorate in the chemical or biological sciences and a minimum of two years’ post-degree laboratory experience; or
(b) Has earned a master’s degree in the chemical or biological sciences and has a minimum of four years’ of post-degree laboratory experience; or
(c) Has earned a bachelor’s degree in the chemical or biological sciences and has a minimum of six years of post-education laboratory experience.
(4) As a condition of certification, labs must follow the most current version of the Cannabis Inflorescence and Leaf monograph published by the American Herbal Pharmacopoeia or notify the WSLCB what alternative scientifically valid testing methodology the lab is following for each quality assurance test. The WSLCB may require third-party validation of any monograph or analytical method followed by the lab to ensure the methodology produces scientifically accurate results prior to them using those standards when conducting required quality assurance tests.
(5) As a condition of certification, the WSLCB may require third-party validation and ongoing monitoring of a lab’s basic proficiency to correctly execute the analytical methodologies employed by the lab. The WSLCB may contract with a vendor to conduct the validation and ongoing monitoring described in this subsection. The lab shall pay all vendor fees for validation and ongoing monitoring directly to the vendor.
(6) The lab must allow the WSLCB or their vendor to conduct physical visits and inspect related laboratory equipment, testing and other related records during normal business hours without advance notice.
(7) Labs must adopt and follow minimum good lab practices (GLPs), and maintain internal standard operating procedures (SOPs), and a quality control/quality assurance (QC/QA) program as specified by the WSLCB. The WSLCB or authorized third-party organization can conduct audits of a lab’s GLPs, SOPs, QC/QA, and inspect all other related records.
(8) The WSLCB or its designee will take immediate disciplinary action against any certified third-party lab which fails to comply with the provisions of this chapter or falsifies records related to this section including, without limitation, revoking the certificate of the certified third-party lab.
(9) The general body of required quality assurance tests for marijuana flowers and infused products may include moisture content, potency analysis, foreign matter inspection, microbiological screening, pesticide and other chemical residue and metals screening, and residual solvents levels.
(10) Table of required quality assurance tests defined in the most current version of the Cannabis Inflorescence and Leaf monograph published by the American Herbal Pharmacopoeia.
(a) Marijuana flower lots require the following quality assurance tests:

 

Product
Test(s) Required
Maximum Sample Size
Flower Lots and Other Material Lots
Lots of marijuana flowers that will not be extracted
1. Moisture content
2. Potency analysis
3. Foreign matter inspection
4. Microbiological screening
7 grams

 

(b) Intermediate products must meet the following requirements:
(i) All intermediate products must be homogenized prior to quality assurance testing;
(ii) A batch for the purposes of this section is defined as a single run through the extraction or infusion process;
(iii) A batch of marijuana mix may not exceed five pounds and must be chopped or ground so no particles are greater than 3 mm; and
(iv) All batches of intermediate products require the following quality assurance tests:

 

Product
Test(s) Required
Intermediate Products
Maximum Sample Size
Marijuana mix
1. Moisture content
2. Potency analysis
3. Foreign matter inspection
4. Microbiological screening
7 grams
Concentrate or extract made with hydrocarbons (solvent based made using n-butane, isobutane, propane, heptane, or other solvents or gases approved by the board of at least 99% purity
1. Potency analysis
2. Microbiological screening (only if using flowers and other plant material that has not passed QA testing)
3. Residual solvent test
2 grams
Concentrate or extract made with a CO2 extractor like hash oil
1. Potency analysis
2. Microbiological screening (only if using flowers and other plant material that has not passed QA testing)
2 grams
Concentrate or extract made with ethanol
1. Potency analysis
2. Microbiological screening (only if using flowers and other plant material that has not passed QA testing)
2 grams
Concentrate or extract made with approved food grade solvent
1. Potency analysis
2. Microbiological screening (only if using flowers and other plant material that has not passed QA testing)
2 grams
Concentrate or extract (nonsolvent) such as kief, hashish, or bubble hash
1. Potency analysis
2. Microbiological
2 grams
Infused cooking oil or fat in solid form
1. Potency analysis
2. Microbiological screening (only if using flowers and other plant material that has not passed QA testing)
2 grams

 

(c) All marijuana, marijuana-infused products, marijuana concentrates, marijuana mix packaged, and marijuana mix infused sold from a processor to a retailer require the following quality assurance tests:

 

Product
Test(s) Required
End Products
Maximum Sample Size
Infused solid edible
1. Potency analysis
1 unit
Infused liquid (like a soda or tonic)
1. Potency analysis
1 unit
Infused topical
1. Potency analysis
1 unit
Marijuana mix packaged (loose or rolled)
1. Potency analysis
2 grams
Marijuana mix infused (loose or rolled)
1. Potency analysis
2 grams
Concentrate or marijuana-infused product for inhalation
1. Potency analysis
1 unit

 

(d) End products consisting of only one intermediate product that has not been changed in any way is not subject to potency analysis.
(11) Certified third-party labs may request additional sample material in excess of amounts listed in the table in subsection (10) of this section for the purposes of completing required quality assurance tests. Labs certified as meeting the WSLCB’s accreditation requirements may retrieve samples from a marijuana licensee’s licensed premises and transport the samples directly to the lab and return any unused portion of the samples.
(12) Labs certified as meeting the WSLCB’s accreditation requirements are not limited in the amount of usable marijuana and marijuana products they may have on their premises at any given time, but they must have records to prove all marijuana and marijuana-infused products only for the testing purposes described in WAC 314-55-102.
(13) At the discretion of the WSLCB, a producer or processor must provide an employee of the WSLCB or their designee samples in the amount listed in subsection (10) of this section or samples of the growing medium, soil amendments, fertilizers, crop production aids, pesticides, or water for random compliance checks. Samples may be screened for pesticides and chemical residues, unsafe levels of metals, and used for other quality assurance tests deemed necessary by the WSLCB. All costs of this testing will be borne by the producer or processor.
(14) No lot of usable flower, batch of marijuana concentrate, or batch of marijuana-infused product may be sold or transported until the completion of all required quality assurance testing. Business entities with multiple locations licensed under the same UBI number may transfer marijuana products between the licensed locations under their UBI number prior to quality assurance testing.
(15) Any usable marijuana or marijuana-infused product that passed the required quality assurance tests may be labeled as “Class A.” Only “Class A” usable marijuana or marijuana-infused product will be allowed to be sold.
(16) Upon approval of the WSLCB, a lot that fails a quality assurance test and the associated trim, leaf and other usable material may be used to create extracts using hydrocarbon or CO2 closed loop system. After processing, the CO2 or hydrocarbon based extract must still pass all required quality assurance tests in WAC 314-55-102.
(17) At the request of the producer or processor, the WSLCB may authorize a retest to validate a failed test result on a case-by-case basis. All costs of the retest will be borne by the producer or the processor.
(18) Labs must report all required quality assurance test results directly into the WSLCB’s seed to sale traceability system within twenty-four hours of completion. Labs must also record in the seed to sale traceability system an acknowledgment of the receipt of samples from producers or processors and verify if any unused portion of the sample was destroyed or returned to the licensee.

For more information, please refer to the Medical Cannabis Patient Protection Act.

Back to top

RELATED STORY
Is Home Cultivation Finally Coming to Washington State?