By Lisa Rough
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.
Leafly was contacted by Dr. Jake Rosenberg of Mount Sinai Hospital in New York City, who is compiling resources for the medical cannabis community to be published in an upcoming medical journal. It could prove to be a crucial resource, particularly for physicians in newly legal states who are attempting to navigate complex regulations in an industry that’s still emerging from the shadows.
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
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.
(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.
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.
California
See section 19344:
(a) A licensed testing laboratory shall issue a certificate of analysis for each lot, with supporting data, to report both of the following:
(1) Whether the chemical profile of the lot conforms to the specifications of the lot for compounds, including, but not limited to, all of the following:
(A) Tetrahydrocannabinol (THC).
(B) Tetrahydrocannabinolic Acid (THCA).
(C) Cannabidiol (CBD).
(D) Cannabidiolic Acid (CBDA).
(E) The terpenes described in the most current version of the cannabis inflorescence monograph published by the American Herbal Pharmacopoeia.
(F) Cannabigerol (CBG).
(G) Cannabinol (CBN).
(H) Any other compounds required by the State Department of Public Health.
(2) That the presence of contaminants does not exceed the levels that are the lesser of either the most current version of the American Herbal Pharmacopoeia monograph or the State Department of Public Health. For purposes of this paragraph, contaminants includes, but is not limited to, all of the following:
(A) Residual solvent or processing chemicals.
(B) Foreign material, including, but not limited to, hair, insects, or similar or related adulterant.
(C) Microbiological impurity, including total aerobic microbial count, total yeast mold count, P. aeruginosa, aspergillus spp., s. aureus, aflatoxin B1, B2, G1, or G2, or ochratoxin A.
(D) Whether the batch is within specification for odor and appearance.
(b) Residual levels of volatile organic compounds shall be below the lesser of either the specifications set by the United States Pharmacopeia (U.S.P. Chapter 467) or those set by the State Department of Public Health.
For more information, please refer to California Assembly Bill 266.
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.
E1. Microbials Substance
Substance
Acceptable Limits Per Gram
Product to be Tested
Shiga-toxin producing
Escherichia coli (STEC)*-Bacteria
To continue reading this story, visit our friend’s website (opens in a new window):: Leafly's State-by-State Guide to Medical Cannabis Testing Regulations