Colorado MED Alters Cannabis Testing Regulations

August 9, 2017

A recent update to Colorado’s cannabis testing regulations takes effect today, August 9th, 2017. As a result of SB 17-192, cannabis having failed a microbial contaminant test is no longer immediately destined for processing or destruction.

Previously, if a batch failed a test for microbials, the owner would have the option of creating a solvent based concentrate out of the cannabis, or destroying it altogether. The new rule, which also applies to failed batches currently in possession, will allow cultivators test the product again and, based on the outcome, re-enter the supply chain unrestricted.

So how do I get my product to market if it failed the first test?

To allow a previously failed batch back into the market, two new test batches must be created and samples for each must be submitted for evaluation. If both test samples pass the microbial test, then the entire batch passes making the product eligible for transfer, sale, or conversion. If either test sample fails, then the cultivator will have the option to transfer the cannabis to a manufacturing facility and create a solvent-based concentrate, or destroy the batch entirely.

If a previously failed batch is converted to a solvent-based concentrate it will need to undergo another round of testing prior to transfer, wholesale, or retail sale. The important thing to note here is that the solvent-based concentrate must come completely from the failed batch, meaning that supplementing the source material with another batch of flower or trim is off the table.

Assuming that the newly converted cannabis concentrate passes all tests, the product is now approved for distribution. In the event that the solvent-based concentrate also fails the quality assurance lab test, the concentrate and any leftover material from the batch must be destroyed and the method documented.

The new rule creates an extra opportunity for cultivators and manufactures to add to the bottom line where they previously took a loss. The additional inventory will also help alleviate any supply shortages, as well as reduce the amount of cannabis written off for destruction. More importantly, this rule shows that the industry can work with the regulators to adjust requirements while fostering a healthy industry.

For more information please check out our Colorado resource center.

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2017-08-09T16:29:32+00:00