On June 29, 2018, the Marijuana Enforcement Division (MED) issued industry bulletin 18-07 in regards to mandatory pesticide testing for medical and retail marijuana flower.
EFFECTIVE DATE: August 1, 2018
REQUIRED PRODUCT CATEGORIES: Medical and Retail Marijuana Flower only.
YOU CAN BEGIN PROCESS VALIDATION STARTING JULY 1ST: A licensee is permitted to begin mandatory pesticide testing of flower and trim prior to August 1, 2018 if they wish to begin working towards achieving process validation. The licensee must follow all requirements in MED Rules M 1501 (A-B) and/or R 1501 (A-B) if they choose to begin mandatory pesticide testing prior to August 1, 2018.
HARVEST BATCHES: Harvest Batches created after August 1, 2018 will require pesticide testing.
SAMPLE SIZE: The Sample amount submitted in a single Test Batch for Pesticide testing must total an amount sufficient to complete three analyses and must meet the minimum number of Samples outlined in MED Rule 1504 (B)(1). Read about Sample Size Requirements here.
R 1504 (A)(1) and M 1504 (A)(1)
|Production Batch Size||Sampling Size||Test Batch Size|
|≤ 10 pound||8 separate 0.50 gram Samples||4 grams|
|10.01 – 20 pounds||12 separate 0.50 gram Samples||6 grams|
|20.01 – 30 pounds||15 separate 0.50 gram Samples||7.5 grams|
|30.01 – 40 pounds||18 separate 0.50 gram Samples||9 grams|
|40.01 – 100 pounds||23 separate 0.50 gram Samples||11.5 grams|
|> 100 pounds||29 separate 0.50 gram Samples||14.5 grams|
NOTE: The CDHPE Reference Library’s sample collection protocols must be used for the collection of marijuana/marijuana product samples submitted to marijuana testing facilities for required testing in accordance with R 1504 A 1 and M 1504 A 1.
R 1501 (B)(1) and M 1501 (B)(1)
Retail/Medical Marijuana. A Retail/Medical Marijuana Cultivation Facility’s cultivation process shall be deemed validated for Contaminant testing if every Harvest Batch that it produced during at least a six-week period but no longer than a 12-week period passed all contaminant tests required by Paragraph (C) of this Rule. This must include at least six Test Batches.
R 1501 (B)(3) and M 1501 (B)(3)
Expiration of Process Validation. A Retail Marijuana Cultivation Facility and Retail Marijuana Products Manufacturing Facility shall be required to re-validate its process for contaminant testing every 12 months from the date process validation is achieved, after which point the process validation expires. If the process validation expires, the Retail Marijuana Cultivation Facility shall comply with the requirements of Paragraph (A) of this Rule.
R 1501 B (4) and M 1501 B (4)
After successfully obtaining process validation, once every 30 days a Retail or Medical Marijuana Cultivation Facility shall subject at least one Harvest Batch to all contaminant testing required by Paragraph (C) of this Rule. If during any 30-day period a Retail Marijuana Cultivation Facility does not possess a Harvest Batch that is ready for testing, the Retail or Medical Marijuana Cultivation Facility must subject its first Harvest Batch that is ready for testing to the required contaminant testing prior to Transfer or processing of the Retail or Medical Marijuana. If a Harvest Batch subject to ongoing contaminant testing fails contaminant testing, the Retail or Medical Marijuana Cultivation Facility shall follow the procedure in Paragraph (F)(2) of this Rule. Ongoing contaminant testing pursuant to this Rule R or M 1501 shall be subject to the requirements in Rule R or M 1504. See Rule R or M 1504(A) – Collection of Samples.
R 1507 (B)(2) and M 1507 (B)(2)
Failed Contaminant Testing: Pesticide Testing. If a Retail/Medical Marijuana Establishment is notified by the Division or a Retail/Medical Marijuana Testing Facility that a Test Batch failed Pesticide testing, then for each Inventory Tracking System package, Harvest Batch, or Production Batch associated with that failed Test Batch the Retail/Medical Marijuana Establishment must either:
- Destroy and document the destruction of the Inventory Tracking System package, Harvest Batch or Production Batch pursuant to Rule R or M 307 – Waste Disposal; or
- Request that the Retail/Medical Marijuana Testing Facility that reported the original fail conduct two additional analyses of the original Test Batch submitted in accordance with Rule R and M 1504.a. If both retesting analyses pass the required Pesticide testing, then the Inventory Tracking System package, Harvest Batch, or Production Batch of Retail/Medical Marijuana, Retail/MedicalMedical Marijuana Concentrate, or Retail/Medical Marijuana Product may be Transferred or processed into a Retail/Medical Marijuana Concentrate or Retail/Medical Marijuana Product.b. If one or both of the retesting analyses do not pass Pesticide testing, then the Retail/Medical Marijuana Establishment must destroy and document the destruction of the Inventory Tracking System package, Harvest Batch, or Production Batch pursuant to Rule R 307 – Waste Disposal.
CHOOSING THE RIGHT LAB
Testing for pesticides is incredibly complex and an incorrect lab result can put your business at risk. It is imperative that you choose the lab that will put your best interests first. That lab is Agricor Laboratories.
The cannabis matrix contains hundreds of compounds, which adds to the difficulty of accurately performing a pesticide test. It requires a validated method, the right instrumentation, and having redundant back-ups in place.
- A validated method ensures every point of the testing process works and can be backed up in a court of law.
- The detection limits the MED and CDPHE set are extremely low and lower end instruments might not be able to discern between a pass and a fail. We chose one of the highest end instruments for our testing to avoid false positive results.
- We expect a high volume of samples and we have multiple instruments to avoid bottlenecks. Couple that with scheduled system maintenance or unexpected system failures, you better have back ups in place. We have multiple instruments to handle whatever the industry can throw at us, but to also have the flexibility to maintain our instruments without skipping a beat.