1 Colo. Code Regs. § 212-3-4-220

Current through Register Vol. 48, No. 1, January 10, 2025

Section 1 CCR 212-3-4-220 - Regulated Marijuana Testing Program: R&D Testing

Basis and Purpose - 4-220

The statutory authority for this rule includes but is not limited to sections 44-10-202(1)(c), 44-10-203(1)(a), 44-10-203(1)(c), 44-10-203(1)(g), 44-10-203(1)(k), 44-10-203(2)(d), 44-10-203(2)(f), 44-10-203(3)(d), 44-10-203(3)(e), 44-10-501(6), 44-10-502(3), 44-10-503(8), 44-10-504(1)(b), 44-10-504(2), 44-10-601(4), 44-10-602(4), 44-10-603(6), 44-10-604(1)(b), and 44-10-604(2), C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsection 16(5)(a) (VII). The purpose of this rule is to protect the public health and safety by establishing R&D testing procedures and rules for the Division's Regulated Marijuana sampling and testing program. This Rule 4-220 was previously Rules 4-105, 1 CCR 212-3, Rules M and R 1504, 1 CCR 212-1 and 1 CCR 212-2.

A.R&D Testing. A Regulated Marijuana Business may submit Test Batches from a Harvest Batch (including a Manicure Batch) or Production Batch for R&D testing. R&D testing may be performed for any test required by these 4-200 Series Rules or any other test.

1. Harvest Batches or Production Batches that are Designated in the Inventory Tracking System as an R&D batch.

a. The Regulated Marijuana from these batches shall not be Transferred to other Regulated Marijuana Businesses except for Regulated Marijuana Testing Facilities.

b. Failing R&D test results do not require compliance with failed test procedures and are not considered a failing result for the purposes of achieving or maintaining Reduced Testing Allowance.

2. Harvest Batches or Production Batches that are Intended to be Transferred to other Regulated Marijuana Businesses.

a.Passing R&D Test Results. If a Harvest or Production Batch passes an R&D test it shall not constitute a pass for the purposes of compliance with required contaminant or potency testing. If a Harvest or Production Batch passes an R&D test it shall not constitute a pass for purposes of achieving or maintaining a Reduced Testing Allowance. See Rules 4-210 and 4-230.

b.Failed R&D Test Results. If a Harvest or Production Batch fails an R&D test:

i. It does not require compliance with failed test procedures. See Rule 4-240.

ii. If a Test Batch fails an R&D test that is a test type required by these Rules, the Licensee must submit a Test Batch from the same Harvest or Production Batch for compliance testing and obtain passing results for that test type prior to Transferring that Harvest or Production Batch to a Regulated Marijuana Business.

iii. If the Test Batch submitted pursuant to paragraph (1)(b)(ii)(B) fails testing, compliance with the failed test procedures in Rule 4-240 is required.

iv. Licensees shall not Transfer Regulated Marijuana that they have reason to believe would not pass testing required by Rule 4-210 and 4-215, unless otherwise authorized in these rules.

1 CCR 212-3-4-220

47 CR 21, November 10, 2024, effective 12/4/2024