1 Colo. Code Regs. § 212-3-6-405

Current through Register Vol. 47, No. 16, August 25, 2024

Section 1 CCR 212-3-6-405 - Retail Marijuana Testing Facilities: License Privileges

Basis and Purpose - 6-405

The statutory authority for this rule includes but is not limited to sections 44-10-202(1)(a), 44-10-202(1)(b), 44-10-202(1)(c), 44-10-202(4), 44-10-203(1)(a), 44-10-203(1)(c), 44-10-203(1)(k), 44-10-203(2)(c), 44-10-203(2)(d), 44-10-203(2)(h), 44-10-203(2)(y), 44-10-203(3)(c), 44-10-203(3)(d), 44-10-313(8)(a), 44-10-313(14), 44-10-401(2)(b)(IV), 44-10-604, 35-61-104, and 35-61-105.5, C.R.S. The purpose of this rule is to establish the license privileges granted by the State Licensing Authority to Retail Marijuana Testing Facilities. This Rule 6-405 was previously Rule R 701.

A.Licensed Premises. A separate License is required for each specific Retail Marijuana Testing Facility and only those privileges granted by the Marijuana Code and any rules promulgated pursuant to it may be exercised on the Licensed Premises. To the extent authorized by Rule 3-215 - Regulated Marijuana Businesses: Shared Licensed Premises and Operational Separation, a Retail Marijuana Testing Facility may share and operate at the same Licensed Premises with a Medical Marijuana Testing Facility with identical ownership.

B.Testing of Retail Marijuana Authorized. A Retail Marijuana Testing Facility may accept Test Batches of Retail Marijuana from Retail Marijuana Businesses for testing and research purposes only. The Division may require a Retail Marijuana Business to submit a Test Batch of Retail Marijuana to a Retail Marijuana Testing Facility upon demand.

C.Product Development Authorized. A Retail Marijuana Testing Facility may develop Retail Marijuana Product, but is not authorized to engage in the manufacturing privileges described in section 44-10-603, C.R.S., and Rule 6-305 - Retail Marijuana Manufacturing Facilities: License Privileges.

D.Transferring Test Batches to Another Licensed and Certified Retail Marijuana Testing Facility. A Retail Marijuana Testing Facility may Transfer Test Batches to another Retail Marijuana Testing Facility for testing. All laboratory reports provided to or by a Retail Marijuana Business must identify the Retail Marijuana Testing Facility that actually conducted the test.

E.Testing of Registered and Tracked Hemp Authorized.

1. A Retail Marijuana Testing Facility may accept and test Hemp as regulated by Article 61 of Title 35, C.R.S.

2. Before a Retail Marijuana Testing Facility accepts a sample of Hemp, the Retail Marijuana Testing Facility shall verify that the Person submitting the sample is registered with the Commissioner of the Colorado Department of Agriculture, pursuant to section 35-61-104, C.R.S.

3. A Retail Marijuana Testing Facility is responsible for entering samples of Hemp in the Inventory Tracking System pursuant to the 3-800 Series Rules.

4. A Retail Marijuana Testing Facility shall be permitted to test Hemp only in the category(ies) that the Retail Marijuana Testing Facility is certified to perform testing in pursuant to Rule 6-415 - Retail Marijuana Testing Facilities: Certification Requirements.

5. In accordance with section 35-61-105.5, C.R.S., a Retail Marijuana Testing Facility shall provide the results of any testing performed on Hemp to the Person submitting the sample of Hemp and to the Colorado Department of Agriculture.

6. Nothing in these rules shall be construed to require a Retail Marijuana Testing Facility to accept and/or test Samples of Hemp.

F.Testing of Hemp Product Authorized.

1. A Retail Marijuana Testing Facility may accept and test samples of Hemp Products.

2. Before a Retail Marijuana Testing Facility accepts a sample of Hemp Product, the Retail Marijuana Testing Facility shall verify that the Person submitting the sample is registered with the Colorado Department of Public Health and Environment pursuant to section 25-5-426, C.R.S.

3. A Retail Marijuana Testing Facility is responsible for entering and tracking samples of Hemp Product in the inventory tracking system pursuant to the 3-800 Series Rules.

4. A Retail Marijuana Testing Facility shall be permitted to test Hemp Product only in the category(ies) that the Retail Marijuana Testing Facility is certified to perform testing in pursuant to Rule 6-415 - Retail Marijuana Testing Facilities: Certification Requirements.

5. A Retail Marijuana Testing Facility may provide the results of any testing performed on Hemp Product to the Person submitting the sample of Hemp Product.

6. Nothing in these rules shall be construed to require a Retail Marijuana Testing Facility to accept and/or test samples of Hemp Product.

G.Authorized Retail Marijuana Transport. A Retail Marijuana Testing Facility is authorized to utilize a licensed Retail Marijuana Transporter to transport Test Batches of Retail Marijuana for testing, in accordance with the Marijuana Code and Marijuana Rules, between the originating Retail Marijuana Business requesting testing services and the destination Retail Marijuana Testing Facility performing testing services. Nothing in this Rule requires a Retail Marijuana Business to utilize a Retail Marijuana Transporter to transport Test Batches of Retail Marijuana for testing.

H.Authorized Transfers.

1. A Retail Marijuana Testing Facility may Transfer Immature Plants, Regulated Marijuana seeds, and Genetic Material to a Regulated Marijuana Cultivation Facility. Any Transfers made under this Rule must be in compliance with the 3-800 and the 3-900 Series Rules.

2. It shall be considered a conflict of interest and a Retail Marijuana Testing Facility shall not perform testing required under the 4-100 Series Rules for a Regulated Marijuana Business Licensee to which the Retail Marijuana Testing Facility has Transferred Immature Plants, Regulated Marijuana seeds, or Genetic Material.

I.Violation Affecting Public Safety. Failure to comply with this Rule may constitute a license violation affecting public safety.

1 CCR 212-3-6-405

42 CR 23, December 10, 2019, effective 1/1/2020

43 CR 21, November 10, 2020, effective 1/1/2021

44 CR 07, April 10, 2021, effective 5/1/2021

44 CR 13, July 10, 2021, effective 8/1/2021

44 CR 23, December 10, 2021, effective 1/1/2022

45 CR 21, November 10, 2022, effective 12/1/2022

46 CR 23, December 10, 2023, effective 1/8/2024