Cannabis testing regulations in the U.S.

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What follows is an alphabetical list of U.S. states and information about regulations and recommendations concerning laboratory testing of cannabis. States that either don't have any cannabis legislation or have only rudimentary cannabidiol (CBD) allowances are shown as "currently not applicable." Otherwise, links to existing legislation or health department recommendations, or information about the current or future status of regulations, are included. Current as of January 2021.

Cannabis testing regulations in the U.S.

A

Alabama: Currently not applicable. Sampling procedures for hemp exist, but it appears the Alabama Department of Agriculture & Industries remains solely responsible for testing the hemp samples.[1]

Alaska: 3 AAC 306 Regulations for the Marijuana Control Board (The bulk of the regulations can be found under "3 AAC 306.455. Required laboratory testing.")

Arizona: Cannabis testing standards and rules were supposed to go into effect November 1, 2020, according to Arizona Senate Bill 1494.[2] However, some aspects of testing, such as pesticide and mycotoxin testing, have been pushed back to May 1, 2021.[3] Watch for information updates here.

Arkansas: Rules and Regulations Governing Medical Marijuana Registration, Testing, and Labeling In Arkansas

C

California: California Code of Regulations Title 16, Division 42, Bureau of Cannabis Control - Order of Adoption (See the wiki page on California cannabis testing regulations for more.)

Colorado: 1 CCR 212-1 - Medical marijuana rules and 1 CCR 212-2 - Retail marijuana rules (The bulk of the regulations can be found in the M 700 sections of the documents.) The state also offers a reference library for cannabis testing.

Connecticut: Subtitle 21a-408 - Palliative use of marijuana (The bulk of the regulations can be found at "21a-408-59 Laboratory requirements" and "21a-408-60 Laboratory testing.")

D

Delaware: of Health and Social Services/Division of Public Health/Health Systems Protection (HSP)/4470.shtml 4470 State of Delaware Medical Marijuana Code (Much of it is contained in "8.0 Registration and Operation of Safety Compliance Facilities".)

District of Columbia: D.C. Law 21-209. Medical Marijuana Omnibus Amendment Act of 2016

F

Florida: Rules for laboratory testing of cannabis are still being developed as proposed rule 64-4.016.[4]

G

Georgia: Medical marijuana legislation was signed into law in April 2019 that closed loopholes and made allowances for grow operations and laboratory testing. See 16-12-217 of HB 324 for what is currently (As of January 2021) mandated for testing, with the commission expected to create and promulgate more rules and regulations at a later date.[5]

H

Hawaii: Chapter 11-850, Hawaii Administrative Rules (The bulk of the regulations are in section 11-850-80 through -90.)

I

Idaho: Currently not applicable, including hemp. Idaho remains the only U.S. state with no legal industrial hemp cultivation.

Illinois: See Title 8 Chapter 1 Part 1000 Compassionate Use Of Medical Cannabis Pilot Program (testing regulations in "Section 1000.510 Laboratory Testing") and Public Act 101-0027, HB 1438 Cannabis Regulation and Tax Act (testing regulations in Article 50)

Indiana: Currently not applicable, though the state requires clear labeling of CBD oil and its constituents. Appropriately registered laboratories appear to be able to conduct total THC testing for hemp; see Emergency Rule 20-630 of Title 360 State See Commissioner (section 51 and 52 are the most relevant, but information is scattered throughout).

Iowa: Laboratory Testing Requirements & Acceptance Criteria

K

Kansas: See 4 K.A.R. 4-34-18. Pre-harvest inspection; sample collection; testing and post-testing action for industrial hemp testing requirements.

Kentucky: See 302 KAR 50:056. Sampling and THC testing; disposal of noncompliant harvests; post-testing actions for industrial hemp testing requirements.

L

Louisiana: Title 7, Agriculture and Animals - Part XLIX Medical Marijuana (See Chapter 23 of Part XLIX for laboratory testing requirements.)

M

Maine: The state released an emergency rule in September 2020 adding additional rules to standards and certification of cannabis testing facilities, found as 18-691 C.M.R. ch. 5 - Rules for the Certification of Marijuana Testing Facilities.

Maryland: Title 10, Subtitle 62, Section 16

Massachusetts: Protocol for Sampling and Analysis of Finished Medical Marijuana Products and Marijuana-Infused Products for Massachusetts Registered Medical Marijuana Dispensaries, as well as Code of Massachusetts Regulations Title 935

Michigan: Emergency Rules and the associated testing explanations

Minnesota: Chapter 4770 - Medical Cannabis

Mississippi: Currently not applicable. Hemp cultivation is legal, but only through the USDA, not the state, and thus USDA testing rules must be presumably followed.[6]

Missouri: Title 19 § 30-95.070

Montana: Montana Medical Marijuana Laboratory Information

N

Nebraska: Currently not applicable. For hemp testing, see Nebraska Revised Statute §2-514.

Nevada: NAC Chapter 453D - Regulation and Taxation of Marijuana (Starts at section 755.)

New Hampshire: Chapter He-C 400 Therapeutic Cannabis Program (Bulk of requirements found at "He-C 402.15 Testing.")

New Jersey: See P.L.2009, c.307 (C.24:6I) (sections -18 and -19) for medical cannabis. As of January 2021, rules for recreational cannabis are still in limbo.[7]

New Mexico: NMAC 7.34.4 (Interspersed in various sections such as 7.34.4.9, 7.34.4.10, 7.34.4.15, and 7.34.4.16.)

New York: Title 10, Chapter XIII, Part 1004, Section 14

North Carolina: The state has not adopted formal cannabis testing regulations, though it has some temporary testing requirements for industrial hemp.[8] See 02 - Agriculture and Consumer Services\Chapter 62 - Industrial Hemp Commission Title 02 Chapter 62 for the current temporary rules for hemp.

North Dakota: Article 33-44 Medical Marijuana (Laboratory and testing information start around 33-44-01-36.)

O

Ohio: 3796:4 Testing Laboratories

Oklahoma: Title 310, Chapter 681 Medical Marijuana Regulations (See Subchapter 8. Laboratory Testing); also see a diagram of the testing process

Oregon: Oregon Administrative Rules (OARs)

P

Pennsylvania: Marijuana/Pages/Laboratories.aspx Pennsylvania Department of Health's Resources for Laboratories

R

Rhode Island: Licensing Analytical Laboratories for Sampling and Testing Medical Marijuana (216-RICR-60-05-6)

S

South Carolina: Currently not applicable. Requirements for testing hemp are not clear. Some information can be extracted from a description of the hemp farming program, as well as SC Code Ann. 46-55-10 and the Hemp Handler Application packet.

South Dakota: Currently not applicable. Basic information about hemp testing can be found in the state's House Bill 1008; however, it's not clear if testing procedures have yet been established, as described in the bill's 38-35-12.

T

Tennessee: Currently not applicable. Testing methods for hemp exist, but it appears the Tennessee Department of Agriculture remains solely responsible for testing hemp samples.[9]

Texas: Low-THC containing products are allowed for a select number of conditions.[10] Testing for the low-THC cannabis program appears to be directed by Title 37, Part 1, Chapter 12A, Rule §12.7.

U

Utah: Basic information about laboratory testing is available under Utah Code 4-41a-701 Cannabis and cannabis product testing. Additional testing rules can be found on the Utah Department of Agriculture and Food site.

V

Vermont: Best practices were suggested in 2016, but it doesn't appear testing regulations have formally been adopted. With the passage of recreational marijuana in Vermont in 2018, taxation laws and laboratory testing regulations and recommendations may inevitably be developed.[11] In December 2020, some of the first steps to formalize laws and rules for testing labs were made.[12] As for hemp, testing information can be found here.

Virginia: Virginia's SB 1557 in March 2019 provided limited support for medical cannabis. However, it appears only five licensed "pharmaceutical processors" are at work, and outside laboratory testing doesn't appear to be an option, at least as of January 2021.[13][14]

W

Washington: See Chapter 314-55 WAC, Chapter 246-70 WAC, and Testing Facility Criteria, among others.

West Virginia: Ruled for the medical cannabis program were finalized in Title 64, Chapter 111 in April 2020.

Wisconsin: Currently not applicable. Sampling and testing methods for hemp exist, but it appears the Wisconsin Department of Agriculture, Trade and Consumer Protection remains solely responsible for testing hemp samples.[15]

Wyoming: Currently not applicable. Hemp testing guidelines are available through the Wyoming Department of Agriculture.

References

  1. ↑ Alabama Department of Agriculture & Industries. "Standard Practice for Field Sampling of Hemp" (PDF). http://agi.alabama.gov/docs/default-source/Plant-Protection/Industrial-Hemp/field_sampling_hemp.pdf?sfvrsn=2. Retrieved 09 January 2021. 
  2. ↑ "Senate Bill 1494" (PDF). State of Arizona. 27 August 2019. https://www.azleg.gov/legtext/54leg/1R/bills/sb1494h.pdf. Retrieved 09 January 2021. 
  3. ↑ Arizona Department of Health Services (30 October 2020). "Information Update - Medical Marijuana Laboratory Certification Program - Update #3". https://www.azdhs.gov/documents/licensing/medical-marijuana/applications/info-upate-3.pdf. Retrieved 09 January 2021. 
  4. ↑ "Rule: 64-4.016". MyFLRules. State of Florida. 9 January 2021. https://www.flrules.org/gateway/ruleNo.asp?id=64-4.016. 
  5. ↑ Georgia General Assembly (1 July 2019). "2019-2020 Regular Session - HB 324, Georgia's Hope act; enact". Legislation. https://www.legis.ga.gov/legislation/55000. Retrieved 09 January 2021. 
  6. ↑ Mississippi Department of Agriculture & Commerce (June 2020). "Hemp Cultivation in Mississippi". State of Mississippi. https://www.mdac.ms.gov/hemp-cultivation-in-ms/. Retrieved 09 January 2021. 
  7. ↑ Davis, M. (3 January 2021). "New Year's Day should have been the start of NJ legal weed. Instead, it's stuck in limbo.". app. https://www.app.com/story/news/local/new-jersey/marijuana/2021/01/01/new-jersey-marijuana-legalization-legal-weed-vote-results-phil-murphy/4079150001/. Retrieved 09 January 2021. 
  8. ↑ Febles, E. (September 2018). "Reminders for Hemp License Holders". NC State Extensions - Industrial Hemp. North Carolina State University. https://industrialhemp.ces.ncsu.edu/2018/09/hemp-reminders/. Retrieved 09 January 2021. 
  9. ↑ Southerland, Nicely. "Senate Bill No. 357" (PDF). State of Tennessee. https://www.tn.gov/content/dam/tn/agriculture/documents/industrial-hemp/pc0087.pdf. Retrieved 09 January 2021. 
  10. ↑ "Frequently Asked Questions (FAQs)". Compassionate Use Program. Texas Department of Public Safety. http://www.dps.texas.gov/rsd/CUP/index.htm. Retrieved 02 February 2019. 
  11. ↑ Associated Press (16 December 2018). "Vermont Gov. Phil Scott signs bill legalizing marijuana with "mixed emotions"". CBS News. https://www.cbsnews.com/news/marijuana-legalization-vermont-governor-phil-scott/. Retrieved 02 February 2019. 
  12. ↑ "Vermont looking to launch recreational cannabis regulatory board". Marijuana Business Daily. 17 December 2020. https://mjbizdaily.com/vermont-taking-applications-for-recreational-cannabis-regulatory-board/. Retrieved 09 January 2021. 
  13. ↑ "CHAPTER 681 - An Act to amend and reenact §§ 54.1-3408.3 and 54.1-3442.6 of the Code of Virginia, relating to Board of Pharmacy; cannabidiol oil and THC-A oil; regulation of pharmaceutical processors". Virginia Legislative Information System. 21 March 2019. https://greenhealthdocs.com/virginia-medical-cannabis-program/. Retrieved 09 January 2021. 
  14. ↑ AMG (10 December 2020). "7 Things Every Patient Should Know About Virginia’s New Medical Cannabis Program". Green Health Docs. https://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0681. Retrieved 09 January 2021. 
  15. ↑ "Wisconsin Hemp Pilot Research Program" (PDF). =Wisconsin Department of Agriculture, Trade and Consumer Protection. https://datcp.wi.gov/Documents/HempFAQSampling.pdf. Retrieved 09 January 2021. 
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