Section 453A.672 - Authorized use of marijuana upon failure of quality assurance test; requirements for retesting1. If a lot of usable marijuana fails a quality assurance test, any marijuana plant trim, leaf and other usable material from the same plants automatically fails the quality assurance test. Upon approval of the Division, a lot of marijuana that fails a microbial screening may be used to make a CO2 or solvent-based extract. After processing, the CO2 or solvent-based extract must pass all required quality assurance tests.2. If a sample from a facility for the production of edible marijuana products or marijuana-infused products fails a quality assurance test, the entire production run from which the sample was taken automatically fails the quality assurance test.3. At the request of a cultivation facility or a facility for the production of edible marijuana products or marijuana-infused products, the Division may, on a case-by-case basis, authorize a retest to validate the results of a failed test. The cultivation facility or facility for the production of edible marijuana products or marijuana-infused products is responsible for all costs involved in a retest performed pursuant to this section.4. A cultivation facility or a facility for the production of edible marijuana products or marijuana-infused products may not request a retest pursuant to this section unless, at the time samples are initially taken for testing, three samples are collected at the same time by an independent testing laboratory using tamper-resistant bags. One of the samples must be taken by the independent testing laboratory for testing and the facility must place the other two samples in a secure quarantine storage area at the facility for further retesting by a secondary independent testing laboratory and the State Department of Agriculture.5. A cultivation facility or a facility for the production of edible marijuana products or marijuana-infused products shall submit a request for retesting to the Division in writing and on a form designated by the Division.6. If the Division grants a request for retesting, the Division will select the independent testing laboratory that will perform the retest.7. Except as otherwise provided in this subsection, a cultivation facility or a facility for the production of edible marijuana products or marijuana-infused products may submit a request for retesting of not more than 50 lots each calendar year. For any subsequent failure of a quality assurance test in a calendar year, the facility shall destroy the lot or the entire production run, as applicable. A lot which only fails a quality assurance test for moisture content must not be counted for the purpose of this subsection.8. A failed quality assurance test for pesticide residue must be retested by the State Department of Agriculture.9. If a sample passes the same quality assurance test upon retesting, the cultivation facility or facility for the production of edible marijuana products or marijuana-infused products need not destroy the lot or production run and may sell the lot or production run to a cultivation facility, medical marijuana dispensary or facility for the production of edible marijuana products or marijuana-infused products, as applicable.10. If a sample fails the same quality assurance test upon retesting, the Division denies a request for retesting or a cultivation facility or a facility for the production of edible marijuana products or marijuana-infused products does not request retesting after a sample fails a quality assurance test, the facility shall destroy the entire lot or production run from which the sample was taken.Nev. Admin. Code § 453A.672
Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014; A by R148-15A, eff. 9/9/2016