19 CSR 100-1.110
Testing
PURPOSE: Under Article XIV, Sections 1 and 2 of the Missouri
Constitution, the Department of Health and Senior Services has
the authority to regulate and control marijuana facilities and to
ensure the safe use of marijuana product. This rule explains what
regulations apply to the testing of marijuana product.
(1) Marijuana testing, generally.
(A) Testing licensees shall test all lots of marijuana product
produced by medical and marijuana facilities, including
prerolls created at dispensary facilities but excluding seeds and
plants, before it may be sold for use by a patient or consumer.
(2) Marijuana testing facility certifications.
(A) Any licensee originally certified as a medical marijuana
testing facility shall be deemed certified to conduct those
activities with respect to all marijuana product.
(B) A testing licensee’s authority to engage in the process of
testing marijuana product includes the acquisition, testing,
certification, and transportation of marijuana product.
(3) Testing facility requirements. In addition to this chapter’s
other requirements for licensed facilities and licensees, testing
licensees shall also comply with the following:
(A) Standards for personnel.
1. A marijuana testing licensee must employ a laboratory
director with a degree in a natural science, such as biology,
chemistry, physics, engineering, or environmental sciences,
and at least five (5) years of experience in a regulated laboratory
environment or a degree in another applicable field with
at least ten (10) years of experience in a regulated laboratory
environment.
2. Individuals performing sampling and testing of
marijuana product, or overseeing the sampling and testing
of marijuana product, must have at least a bachelor’s degree
in a natural science, such as biology, chemistry, physics,
engineering, or environmental sciences, or at least two (2)
years of applicable experience;
(B) Testing licensees shall be accredited by an International
Laboratory Accreditation Cooperation recognized accreditation
body under International Organization for Standardization
(ISO)/International Electrotechnical Commission (IEC) standard
17025.
1. Testing licensees shall achieve such accreditation within
one (1) year of the date the licensee receives department
approval to operate and shall maintain its accreditation as long
as the facility holds a certification.
2. The scope of the accreditation shall include all marijuana
product testing required by this rule.
3. Loss of accreditation shall be reported to the department
by the testing licensee within twenty-four (24) hours of the
testing licensee receiving notice of the loss.
4. Inspection and audit reports from the accrediting body
shall be submitted to the department by the testing licensee
within twenty-four (24) hours of receipt.
A. During any periods of time when a licensee no
longer conforms with ISO/IEC 17025, the licensee shall not
conduct testing of marijuana product, until approved by the
department in writing, and may be subject to a fine of up to
one thousand dollars ($1,000) for every day the facility is not in
compliance. Upon return to compliance, the licensee shall not
resume testing without department approval.
B. If a licensee loses ISO/IEC 17025 accreditation, the
licensee shall not conduct testing of marijuana product and
may be subject to a fine of up to one thousand dollars ($1,000)
for every day the licensee is not in compliance.
5. If a licensee does not receive ISO/IEC 17025 accreditation
within one (1) year of the date the licensee receives department
approval to operate, the licensee shall not conduct testing of
marijuana product and may be subject to a fine of up to one
thousand dollars ($1,000) for every day the licensee is not in
compliance;
(C) After the testing licensee has received approval to
operate, the licensee shall participate in an annual proficiency
testing program provided by an organization that is accredited
to ISO/IEC 17043.
1. The scope of proficiency testing shall include all
marijuana testing methods performed at the facility for testing
required by this rule.
2. The licensee shall notify the department of the
proficiency testing provider the facility chooses prior to
engaging with the provider in proficiency testing.
3. The licensee shall analyze proficiency test samples
using the same procedures, number of replicates, standards,
and equipment as used for testing marijuana product for each
individual conducting those tests at the time.
4. The licensee shall submit copies of proficiency test
results to the department within two (2) business days of
receipt.
5. The licensee shall take, and report to the department,
corrective action on all failed proficiency tests, and failed tests
must be repeated until the licensee obtains an acceptable
result for all analytes. If the licensee fails a proficiency test
more than once, the department may require the licensee to
suspend mandatory testing of the failed analyte(s) until an
acceptable result is received;
(D) Testing licensees shall retain all remaining sample
material that was not used in the testing process for a minimum
of thirty (30) days after testing is complete.
1. Excess sample material shall be securely stored in a
manner that mitigates sample degradation, contamination,
and tampering, and the sample material must be made
available to the department upon request.
2. When no longer subject to retention, sample material
shall be disposed pursuant to the waste disposal requirements
of this chapter;
(E) Testing licensees shall participate in inter-lab comparison
efforts as follows:
1. Licensees must provide marijuana product from
remaining sample material up to twice a year, at the direction
of the department, to other licensed facilities for testing;
2. Facilities must receive remaining sample material up to
ten (10) times a year, at the direction of the department, from
other licensed facilities for testing;
3. The licensee receiving the marijuana product for
testing will perform the sampling and be responsible for the
transportation of the marijuana product, at the direction of the
department; and
4. The department may use the inter-lab comparisons to
initiate an investigation or other corrective action for a testing
licensee producing inconsistent or anomalous testing results;
(F) Testing licensees shall maintain all sampling and testing
records for at least five (5) years; and
(G) Testing licensees must perform all testing using sampling,
methods, and equipment that are appropriate for the tests
performed, capable of producing data in a format that meets
scientific and regulatory standards, and also permitted within
the scope of the licensee’s accreditation under ISO/IEC 17025.
(4) Testing methods.
(A) Testing licensees shall use analytical and microbial
testing methodologies that—
1. Are based upon published peer-reviewed methods;
2. Have been validated for cannabis testing by an
independent third party; and
3. Have been internally verified by the testing licensee
according to Appendix J or K of Official Methods of Analysis
authored by the Association of Official Analytical Collaboration
(AOAC) International, with guidance from published cannabis
standard method performance requirements where available.
(B) In the absence of published, peer reviewed, validated
cannabis methods, method validation requirements of
Appendix J or K of Official Methods of Analysis authored by
the Association of Official Analytical Collaboration (AOAC)
International must be met in full with guidance from published
cannabis
standard
method
performance
requirements,
where available, and if published cannabis standard method
performance requirements are not available, compendia or
other reputable sources.
(C) Testing licensees shall report to the department what
testing method will be used prior to using that method and
submit lab method validations to the department prior to
offering the applicable testing to other licensed facilities.
1. Validations must be submitted with an acceptable and
graded external proficiency test by a third party, where all
analytes are shown to have passed.
2. Validation protocols shall include all marijuana matrices
tested, such as flower, infused products, and/or concentrates.
If the initial verification was not performed on a marijuana
matrix, a verification shall be performed for each matrix to be
tested.
3. Validation protocols for microbiological methods shall
include inoculation of marijuana matrices with live organisms
where feasible to ensure that both extraction and detection
for the assay are assessed. To further assess the accuracy of the
assay, probability of detection analyses, inclusivity, exclusivity,
lot-to-lot stability, and robustness studies must be included.
4. Validation of analytical chemistry methods must, where
feasible, verify accuracy, precision, analytical selectivity, limit
of detection, limit of quantitation, and reportable range.
5. Validation involving microbiological methods must,
where feasible, address accuracy, limit of detection, and
reportable range.
(D) Testing licensees may acquire from cultivation,
manufacturing, and dispensary facilities raw material, such as
plant material, concentrates, extracts, and infused products,
for testing method development.
(5) Sampling requirements for mandatory testing.
(A) Sampling of marijuana product for mandatory testing
shall be done by the testing licensee at the harvest lot or process
lot level. All samples must be collected, stored, and transported
in a way that mitigates contamination and degradation.
(B) Sampling of each harvest lot or process lot shall be
conducted with representative samples such that there is
assurance that all harvest or process lots are adequately
assessed for contaminants and that the cannabinoid profile is
consistent throughout.
1. In the case of dry, unprocessed marijuana, the maximum
amount of marijuana from which a sample may be selected
is fifteen pounds (15 lbs.), and a minimum of five tenths of a
percent (0.5%) of a harvest lot will be sampled for testing.
2. In the case of extracts, concentrates, distillates, or
isolates the amount of material required for sampling is—
3. In the case of vape cartridges, prerolls, infused prerolls
and all other infused products or items sold in a method of
administration, the amount of material required for sampling
is—
4. Where marijuana will be sold in a method of
administration, the marijuana product must be sampled after
it has been processed into its method of administration. All
other marijuana products may be sampled in bulk after all
processing of the harvest lot or process lot is complete.
(C) A testing licensee shall not do any of the following:
1. Desiccate samples;
2. Pre-test samples;
3. Select the best or most desirable material from a lot or
sample for testing; or
4. Manipulate samples in any way that would alter the
sample integrity or homogeneity of the sample. All sample
increments must have the same chances of being selected;
sampling must be random.
(6) Mandatory sample ordering and chain of custody.
(A) Testing licensees shall collect samples of a marijuana
product from other licensees for mandatory testing, and
no licensee may interfere with, assist with, or otherwise
participate in the physical collection of a representative
sample by a testing licensee.
(B) At the time of sampling for mandatory testing, the
cultivation, manufacturing, or dispensary licensee must make
the entire harvest or process lot available to the testing
licensee for sample collection.
(C) An employee of the cultivation, manufacturing, or
dispensary licensee shall be physically present to observe the
sampling process and to ensure representative samples are
taken from throughout the lot.
(D) Sampling of the lot shall take place in a designated sample
area within the cultivation, manufacturing, or dispensary
licensee’s facility.
(E) Cultivation, manufacturing, and dispensary licensees will
collaborate with testing licensees to create a chain of custody
record that includes at least the following information:
1. The sending facility’s license number;
2. The legal name, address, and contact information of the
licensee sending the marijuana product for testing;
Process Lot Weight
Sample
Required
(1±0.2 g)
Pounds
Kilograms
0-0.50
0-0.23
4
0.51-1.5
0.24-0.68
8
1.51-3.00
0.69-1.36
12
3.01-6.00
1.37-2.72
16
6.01-10.00
2.73-4.58
20
10+
4.58+
32
Units for Sale
Representative Sample
Units Required
2-15
2
16-50
3
51-150
5
151-500
8
501-3,200
13
3,201 – 35,000+
20
SENIOR SERVICES
3. The testing facility’s license number;
4. The legal name, address, and contact information of the
testing licensee;
5. For each lot to be sampled—
A. The marijuana product category;
B. The marijuana product tag number;
C. Total mass of the harvest or process lot;
D. For infused products, the number of units for sale in
the marijuana process lot;
E. The marijuana product sample tag number;
F. Total mass of the marijuana harvest or process lot
sample;
G. For infused products, the number of units sampled of
the marijuana process lot;
H. Identification of the test or tests requested;
I. Whether the test or tests requested are for mandatory
testing or for voluntary testing;
J. Whether a lot is being re-sampled because of a failed
mandatory test;
K. Whether the marijuana product was remediated; and
L. The date, name, and signature of both the requesting
facility’s representative who was present for sampling and the
testing facility’s representative who conducted the sampling.
(F) Chain of custody records must be retained by both the
requesting licensee and the testing licensee for at least five (5)
years.
(G) For mandatory testing, it is the responsibility of the
cultivation, manufacturing, or dispensary licensee to—
1. Order the tests necessary to comply with all applicable
rules;
2. Ensure processing of the lot is complete prior to
sampling;
3. Ensure the lot size from which a sample is taken meets
the requirements of this chapter;
4. Only order a test for marijuana product produced by the
licensee;
5. Not order more than one (1) test for the same marijuana
product lot without written approval from the department;
6. Ensure the marijuana product is not on administrative
hold and not awaiting approval for retesting; and
7. Ensure remediation of the marijuana product was
approved by the department.
(H) Violation of sampling requirements or manipulation
of samples may result in fines up to one hundred thousand
dollars ($100,000) and suspension or revocation of license.
(I) If a licensee is permitted under this rule to transfer a lot
that has failed testing, the licensee must notify the licensee to
whom the lot is sold or transferred of the failed test.
(J) Once a marijuana product has passed mandatory testing,
the marijuana product shall not be repackaged into a new lot
in the state-wide track and trace system.
(K) Once marijuana product has passed mandatory testing,
a copy of the certificate of analysis for mandatory testing shall
be provided to all licensees receiving the lot. Copies of the
certificate of analysis may be provided electronically.
(7) Mandatory testing requirements.
(A) Testing of each harvest lot or process lot shall be
conducted such that there is assurance that all harvest or
process lots are adequately assessed for contaminants and that
the cannabinoid profile is consistent throughout.
(B) Reporting results.
1. Within ten (10) days of collecting a sample and within
twenty-four (24) hours of completing analysis of a sample, the
testing licensee shall file a report in the state-wide track and
trace system detailing, at a minimum:
A. All test results showing whether the lot passed or
failed each required test;
B. The certificate of analysis provided to the licensee or
third party; and
C. A photo of the sample received at the facility.
2. Testing licensees must notify the department if
the timeframe for reporting results will not be met due
to an equipment failure. The notification must include an
explanation of the equipment failure and the estimated
timeframe for the report to be filed in the state-wide track and
trace system. The notification must be made prior to deadline
for reporting results.
(C) Reporting of test results in the state-wide track and trace
system must coincide with or precede any notice of test results
to the originating facility.
(D) Harvest and process lots that have passed mandatory
testing may not be retested for purposes of replacing mandatory
testing results without written approval from the department.
(E) Testing of the cannabinoid profile of the final marijuana
product shall include those analytes listed below and shall
be reported on a dry weight basis for dried, unprocessed
marijuana and prerolls and on an “as is” basis for all other
marijuana product. The acceptable limits for each analyte
will be a percentage deviation from the mean, using at least
three (3) samples, in concentration throughout the lot of fifteen
percent (15%) or less:
1. Delta-9-tetrahydrocannabinol (Δ9-THC), CAS number
1972-08-3;
2. Delta-9-tetrahydrocannabinolic acid (Δ9-THCA), CAS
number 23978-85-0;
3. Cannabidiol (CBD), CAS number 13956-29-1;
4. Cannabidiolic acid (CBDA), CAS number 1244-58-2;
5. Cannabinol (CBN), CAS number 521-35-7;
6. Tetrahydrocannabivarin (THCV), CAS number 31262-37-0;
7. Cannabidivarin (CBDV), CAS number 24274-48-4; and
8. Delta-8-tetrahydrocannabinol (Δ8-THC), CAS number
5957-75-5.
(F) The testing licensee shall ensure that any samples for
mandatory testing of marijuana are prepared in accordance
with the following requirements:
1. The testing licensee shall first remove any sample
increments required to conduct testing for microbials and
water activity;
2. If the final marijuana product includes such things
as stems, seeds, wrap, or leaves, those items must also be
included in the sample, but if the final marijuana product will
not include such things as stems, seeds, wrap, or leaves, those
items must be removed from the product lot prior to sampling;
3. A wrap, crutch, or filter, if present, shall be removed for
cannabinoid profile screening; and
4. In the preparation of samples intended for potency
analysis, the laboratory may not adulterate or attempt to
manipulate the potency of the sample.
(G) Testing for contaminants in the final marijuana product
shall include, but shall not be limited to—
1. Microbial screening. A test will fail if it shows—
A. A total mycotoxin concentration, including aflatoxins
and ochratoxin A, of greater than twenty (20) micrograms per
kilogram;
B. Pathogenic E. coli or salmonella concentrations
detectable in one (1) gram; and
C. Pathogenic Aspergillus species A. fumigatus, A. flavus,
A. niger, or A. terreus detectable in one (1) gram;
2. Chemical residue screening. A test will fail if it shows—
3. Heavy metal screening. A test will fail if it shows—
4. Residual solvents. A test will fail if it shows—
Banned Analytes
Chemical Abstract
Services (CAS)
Registry number
Action Limit
(ppm)
Abamectin
71751-41-2
> 0.5
Acephate
30560-19-1
> 0.4
Acequinocyl
57960-19-7
> 2
Acetamiprid
135410-20-7
> 0.2
Aldicarb
116-06-3
> 0.4
Azoxystrobin
131860-33-8
> 0.2
Bifenazate
149877-41-8
> 0.2
Bifenthrin
82657-04-3
> 0.2
Boscalid
188425-85-6
> 0.4
Carbaryl
63-25-2
> 0.2
Carbofuran
1563-66-2
> 0.2
Chlorantraniliprole
500008-45-7
> 0.2
Chlorfenapyr
122453-73-0
> 1
Chlormequat Chloride
7003-89-6
> 0.2
Chlorpyrifos
2921-88-2
> 0.2
Clofentezine
74115-24-5
> 0.2
Cyfluthrin
68359-37-5
> 1
Cypermethrin
52315-07-8
> 1
Daminozide
1596-84-5
> 1
DDVP (Dichlorvos)
62-73-7
> 1
Diazinon
333-41-5
> 0.2
Dimethoate
60-51-5
> 0.2
Ethoprophos
13194-48-4
> 0.2
Etofenprox
80844-07-1
> 0.4
Etoxazole
153233-91-1
> 0.2
Fenoxycarb
72490-01-8
> 0.2
Fenpyroximate
134098-61-6
> 0.4
Fipronil
120068-37-3
> 0.4
Flonicamid
158062-67-0
> 1
Fludioxonil
131341-86-1
> 0.4
Hexythiazox
78587-05-0
> 1
Imazalil
35554-44-0
> 0.2
Imidacloprid
138261-41-3
> 0.4
Kresoxim-methyl
143390-89-0
> 0.4
Malathion
121-75-5
> 0.2
Metalaxyl
57837-19-1
> 0.2
Methiocarb
2032-65-7
> 0.2
Methomyl
16752-77-5
> 0.4
Methyl parathion
298-00-0
> 0.2
MGK-264
113-48-4
> 0.2
Myclobutanil
88671-89-0
> 0.2
Naled
300-76-5
> 0.5
Oxamyl
23135-22-0
> 1
Paclobutrazol
76738-62-0
> 0.4
Permethrins*
52645-53-1
> 0.2
Prallethrin
23031-36-9
> 0.2
Phosmet
732-11-6
> 0.2
Piperonyl_butoxide
51-03-6
> 2
Propiconazole
60207-90-1
> 0.4
Propoxur
114-26-1
> 0.2
Pyridaben
96489-71-3
> 0.2
Pyrethrins+
8003-34-7
> 1
Spinosad
168316-95-8
> 0.2
Spiromesifen
283594-90-1
> 0.2
Spirotetramat
203313-25-1
> 0.2
Spiroxamine
118134-30-8
> 0.4
Tebuconazole
80443-41-0
> 0.4
Thiacloprid
111988-49-9
> 0.2
Thiamethoxam
153719-23-4
> 0.2
Trifloxystrobin
141517-21-7
> 0.2
Vitamin E acetate**
58-95-7
> 0.2
* Permethrins cumulative residue of cis- and trans-permethrin isomers
+ Pyrethrins cumulative residues of pyrethrin 1, cinerin 1 and jasmolin 1
**Only for inhalables and concentrates.
Banned Analytes
Chemical Abstract
Services (CAS)
Registry number
Action Limit
(ppm)
Metal
Failure Level for
Marijuana (Meant for
Inhalation) (ppm)
Failure Level for
Marijuana-Infused
Products (ppm)
Total Arsenic
> 0.2
> 1.5
Cadmium
> 0.2
> 0.5
Total Chromium
> 0.6
> 2.0
Lead
> 0.5
> 0.5
Mercury
> 0.1
> 3.0
SENIOR SERVICES
5. Water activity and moisture content screening. A test
will fail if it shows—
A. For dry, unprocessed marijuana, prerolls, and infused
prerolls, water activity that exceeds 0.65 a w and moisture
content below 5.0% or above 15.0%;
B. For manually extracted concentrates that are not oil,
such as hash and kief, water activity that exceeds 0.65 a w; and
C. For all solid infused products, water activity that
exceeds 0.85 a w.
6. Foreign matter screening. Testing shall be performed on
the total representative sample after preparation for microbial
and water activity testing and prior to preparation for all other
testing.
A. Quantitation of foreign matter shall be measured
using a total surface area calculation.
B. All evaluation must be done on high power
magnification.
C. Examine both the exterior and interior of the sample.
D. Must use a grading scale determine by the testing
licensees which clearly dictates a failed sample.
E. A test will fail if it shows—
(I) More than 5.0% of stems 3 mm or more in diameter;
or
(II) More than 2.0% of other foreign matter (powdery
mildew, mold, mites, hair, dirt, etc.).
(8) Testing licensees may perform terpene analysis on a sample
submitted for mandatory testing for purposes of reporting
results on marijuana product packaging. Testing licensees who
offer terpene analysis for mandatory samples must include
terpene analysis in the scope of accreditation and scope of
proficiency testing.
(9) Voluntary testing.
(A) Upon request from a cultivation, manufacturing, or
dispensary licensee, testing licensees may also test material
that was not collected by the testing licensee according to the
rules for mandatory test sampling. Results from such voluntary
tests will not satisfy mandatory testing requirements.
(B) Voluntary testing may be completed on a schedule
agreeable to the submitting facility, but all test results from
voluntary testing must be reported in the state-wide track and
trace system.
(C) Reporting of test results in the state-wide track and trace
system must coincide with or precede any notice of test results
to the originating facility.
(10) Testing failures.
Solvent
Chemical
Abstract Services
(CAS) Registry
number
Failure Level
for Marijuana
(Inhalation)
(ppm)
Failure Level
for MarijuanaInfused
Products (ppm)
1,2-Dichloroethane
107-06-2
> 2
> 5
Acetone
67-64-1
> 750
> 5000
Acetonitrile
75-05-8
> 60
> 410
Benzene
71-43-2
> 1
> 2
Butanes (all isomers)
106-97-8
> 800
> 5000
Chloroform
67-66-3
> 2
> 60
Ethanol
64-17-5
> 1000
> 5000
Ethyl acetate
141-78-6
> 400
> 5000
Ethyl ether
60-29-7
> 500
> 5000
Ethylene Oxide
75-21-8
> 5
> 50
Heptane
142-82-5
> 500
> 5000
Hexanes (all isomers)
11054-3
> 50
> 290
Isopropyl alcohol
67-63-0
> 500
> 5000
Methanol
67-56-1
> 250
> 3000
Methylene chloride
75-09-2
> 125
> 600
Pentanes (all isomers)
109-66-0
> 750
> 5000
Propane
74-98-6
> 2100
> 5000
Toluene
108-88-3
> 150
> 890
Trichloroethylene
79-01-6
> 25
> 80
Total Xylenes (ortho-,
meta-, para-)
1330-20-7
> 150
> 2170
(A) The department will place an administrative hold on
marijuana product that fails mandatory testing through the
state-wide track and trace system.
(B) All product that fails mandatory testing must be
reanalyzed, remediated, or destroyed within three (3) months
of initial test failure. Product that fails mandatory testing may
be reanalyzed, remediated, or destroyed as follows:
1. Before taking action with any product that fails
mandatory testing, licensees must, within fifteen (15) days of
test failure, notify the department of their intent to proceed in
one of the following ways:
A. Reanalysis of previously tested sample;
B. Remediation of the harvest or process lot through
remediation actions specifically allowed by rule;
C. Destruction of the harvest or process lot; or
D. Submission of a request to perform remediation not
specifically allowed by rule;
2. After notifying the department, licensees may—
A. Reanalyze the original sample collected for testing.
(I) Reanalysis may be performed by the testing facility
that performed the initial analysis or a testing facility that did
not perform the initial analysis.
(II) If the sample passes reanalysis, a testing facility
that did not perform the initial analysis or reanalysis may
sample the lot and perform testing on that new sample in
compliance with all rules for mandatory testing;
B. Complete marijuana product remediation through
a remediation process specifically allowed by this rule. After
a product has been remediated, the testing facility that
performed the initial analysis or a testing facility that did not
perform the initial analysis shall resample the lot and perform
testing on that new sample in compliance with all rules for
mandatory testing;
C. Destroy the product; or
D. Submit a request to remediate the product through
a method not specifically approved by this rule. Such requests
must be approved by the department, in writing, prior to the
licensee taking any remediation actions.
(C) Heavy Metal Failures. Marijuana product that fails
mandatory testing for heavy metals shall be placed on
administrative hold through the state-wide track and trace
system pending disposal or, if approved by the department,
reanalysis. Product that fails testing for heavy metals may not
be remediated.
(11) Approved remediation processes. Marijuana product that
fails testing, except for heavy metal failure, may be remediated.
After notifying the department of intent to remediate, licensees
may conduct the following remediation processes without
additional approval:
(A) Failed microbial screening may be remediated through
solvent-based extraction or processing, such as hydrocarbon,
ethanol, or carbon dioxide;
(B) Failed residual solvent testing may be remediated by
returning the product to a purging process within the facility;
(C) Failed water activity testing may be remediated by—
1. Solvent-based extraction or processing; or
2. Additional drying or curing;
(D) Failed chemical residue screening may be remediated
through solvent-based extraction or processing, such as
hydrocarbon, ethanol, or CO2;
(E) A lot that fails reanalysis may not be reanalyzed again but
may be remediated one (1) time; and
(F) A lot that fails remediation may not be remediated again
but may be reanalyzed one (1) time.
(12) A medical or marijuana licensee may be required by the
department to submit samples of marijuana product for testing
at any time and without notice.
(A) The department may have the marijuana product tested
at a marijuana testing facility, the Missouri State Public Health
Laboratory, or any other lab authorized to conduct the required
tests. If the department requests that a marijuana testing
facility test the marijuana product, the facility may not charge
the department any more than it would ordinarily charge any
other entity for whom it performs the same or similar tests.
(B) Samples collected will be tested by the department to
determine whether the marijuana product is safe for human
consumption and is accurately labeled or to verify the result of
marijuana testing conducted by a marijuana testing laboratory.
(C) Samples may be collected either through random
process to determine accuracy of testing results or when the
department has reasonable grounds to believe—
1. Marijuana product is contaminated or mislabeled;
2. A licensee is in violation of any rule, statute, or Article
XIV; or
3. The results of a test would further an investigation by
the department.
(13) Testing licensees may test marijuana product and hemp
product received from entities that are not licensed marijuana
facilities.
(A) Samples for these tests must be delivered by the entity
requesting the test to the testing facility.
(B) Prior to engaging in these services, testing licensees must
submit standard operating procedures related to these services
to the department for review, which must include:
1. Tagging and tracking;
2. Chain of custody; and
3. Testing methods if different from the testing methods
established for testing of marijuana product for medical and
marijuana facilities.
AUTHORITY: sections 1.3.(1)(b), 1.3.(2), 2.4(1)(b), and 2.4(4) of
Article XIV, Mo. Const. Emergency rule filed Jan. 20, 2023, effective
Feb. 3, 2023, expired Aug. 1, 2023. Original rule filed Jan. 20, 2023,
effective July 30, 2023.