Md. Code Regs. 14.17.08.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.17.08.05 - Independent Testing Laboratory Responsibilities

A. An independent testing laboratory shall:

(1) Establish and follow statistically valid sampling methods to obtain samples from licensees;

(2) Adopt standard operating procedures that are approved by the Administration to test cannabis, cannabis concentrate, and any other product that contains more than 0.5 milligrams of THC per serving and 2.5 milligrams of THC per package;

(3) Perform testing and analysis of cannabis and cannabis products in accordance with the Administration's Technical Authority;

(4) In the event of a test result which falls out of specification:

(a) Follow standard operating procedure to confirm or refute the original result; and

(b) Notify the Administration of the failed test result within 24 hours of the determination;

(5) Issue to the licensee a certificate of analysis for each batch, with supporting data, to report concentrations of compounds, presences of contaminants, and whether the batch is within specifications for certain characteristics, as required by the Technical Authority; and

(6) After the analysis is complete, weigh, document, and destroy all green waste in accordance with a standard operating procedure approved by the Administration.

B. An independent testing laboratory may only handle, test, or analyze cannabis or cannabis products if it:

(1) Has been registered by the Administration;

(2) Is independent from all other persons and entities involved in the cannabis industry;

(3) Is accredited by an accreditation body or has a provisional registration from the Administration;

(4) Has established standard operating procedures that provide for adequate chain of custody controls for samples transferred to the independent testing laboratory for testing, which are approved by the Administration; and

(5) Enters timely and accurate data into the seed-to-sale tracking system that identifies and tracks samples.

C. Upon request, in a format determined by the Administration, independent testing laboratories shall:

(1) Provide materials to the State Cannabis Testing Laboratory to conduct the activities under Regulation .07B of this chapter; and

(2) As part of a licensee inspection, analyze samples for deviation from specification and provide a written report to the Administration.

Md. Code Regs. 14.17.08.05

Regulation .05 adopted effective 50:14 Md. R. 559, eff. 7/1/2023 (EMERGENCY); adopted effective 51:14 Md. R. 676, eff. 6/7/2024, exp. 8/31/2024 (Emergency); adopted effective 51:14 Md. R. 678, eff. 7/22/2024.