HAR §11-850-135
HAR §11-850-135. analyze a representative sample from each batch of cannabis or manufactured cannabis products
Cite as Haw. Code R. § 11-850-135
(b) A certified laboratory shall analyze samples according to standard operating procedures prepared by the laboratory based on validated methods published in peer reviewed scientific or regulatory literature, subject to approval by the department, and shall document the accuracy, sensitivity, specificity, and reproducibility of the analysis methods.
(c) A certified laboratory shall issue to the dispensary licensee and the department a certificate of analysis for each batch of cannabis and manufactured cannabis products analyzed for that dispensary; provided that a certified laboratory may only analyze and report on those methods and analytes for which it is qualified. The certificate of analysis shall include the results with supporting data for the following:
(1) The chemical profile of the batch for the following cannabinoids:
(A) Total tetrahydrocannabinol;
(B) Delta-9-tetrahydrocannabinolic acid;
(C) Delta-9-tetrahydrocannabinol;
(D) Delta-8-tetrahydrocannabinol;
(E) Cannabidiol (CBD); and
(F) Any other cannabinoid specifically listed or described in the label or packaging of the cannabis or manufactured cannabis product.
(2) The presence of the following contaminants, which shall not exceed the specified concentration limits:
(A) Heavy metals listed in Table 3 in Appendix I;
(B) Pesticides listed in Table 4 in Appendix I, each with a limit of 1.0 parts per million (ppm);
(C) For manufactured cannabis products, solvents listed in Table 5 in Appendix I;
(D) Any visible foreign or extraneous material, that is not intended to be
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part of the product being produced,
including but not limited to mold,
hair, insects, metal, or plastic;
(E) The microbial contaminants listed in
Table 6 in Appendix I, which must not
be detected in one gram of cannabis or
manufactured cannabis product; and
(F) Mycotoxins listed in Table 7 in
Appendix I.
(3) For cannabis, kief, hashish, and pre-rolled
cannabis flower products, water activity
(aw), which shall not exceed 0.65; and
(4) Additional analyses requested at the
discretion of the department.
(d) The certified laboratory may reanalyze the
sample or analyze a different sample from the same
batch by following its standard operating procedure to
confirm or refute the original result, upon request by
the dispensary licensee or upon request by the
department at the dispensary licensee's expense,
provided that no more than two re-analyses may be
performed for the same batch.
(e) The certified laboratory shall return to the
dispensary licensee or destroy in a manner approved by
the department any samples or portions of samples of
cannabis or manufactured cannabis products that remain
after analysis is completed.
(f) A certified laboratory shall create records
of analyses it conducts on cannabis and manufactured
cannabis products, including but not limited to:
(1) The time and date the sample was obtained;
(2) A description of the sample, including the
amount;
(3) What analyses were conducted on each sample;
(4) The results of the analyses including the
certificate of analysis; and
(5) Evidence of the time, date, and method of
destruction of a sample after analysis is
completed, and the amount of sample
destroyed, or the time and date a sample was
returned to a dispensary with a description
including the amount.
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(g) A dispensary licensee shall ensure that each sample is analyzed for each of the analytes set out in subsection (c) and may obtain results from different laboratories for different analytes if one laboratory cannot perform all the analyses.
(h) The level of contaminants and water activity in cannabis and manufactured cannabis products shall not exceed the limits specified in subsection (c), and if any of the limits are exceeded, the dispensary licensee shall not dispense any portion of the batch of cannabis or manufactured cannabis product that does not conform to the standards; provided that:
(1) The following may be remediated in accordance with section 11-850-129:
(A) Cannabis or manufactured cannabis products that exceed the limits for heavy metals, foreign or extraneous material, microbial contaminants, mycotoxins, or water activity; and
(B) Manufactured cannabis products that exceed the limits for solvents or the dosage limits in section 11-850-76(f) or 11-850-142(a)(5);
(2) The limit for ethanol does not apply to tinctures; and
(3) The limits for ethanol and isopropyl alcohol do not apply to ointments intended for topical application, skin lotions, and transdermal patches.
(i) A dispensary licensee shall dispose of or destroy any batch that does not conform to the standards set out in subsection (c) under video camera surveillance within thirty days; provided that a dispensary licensee shall quarantine a non-conforming batch until any reanalysis pursuant to subsection (d) or (h) is completed. The quarantine shall be lifted only by the department, and only following receipt by the department of a certificate of analysis indicating that the batch conforms to the standards set out in subsection (c). [Eff 12/14/15; §11-850-85; am, ren §11-850-135, and comp 2/24/22; am and comp 4/29/22; comp 4/29/22; am and comp 11/17/22; am and comp
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8/7/23; am and comp 4/5/24; am and comp 12/6/24; am and comp NOV 17 2025 ] (Auth: HRS §§321-9, 329D-7, 329D-8, 329D-9, 329D-27) (Imp: HRS §§329D-7, 329D-8, 329D-9, 329D-19; SLH 2017, Act 170, §3)