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| | text = This is sublevel2 of my sandbox, where I play with features and test MediaWiki code. If you wish to leave a comment for me, please see [[User_talk:Shawndouglas|my discussion page]] instead.<p></p>
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| ==Sandbox begins below==
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| Now that we have a bit of background on the cannabis industry, the next logical step is to look more closely at the regulations and standards that shape it. This chapter looks at the federal, state, and local regulations and the slowly evolving standardization process for laboratory testing of cannabis in the U.S.
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| <div align="center">-----Return to [[User:Shawndouglas/Sandbox|the beginning]] of this guide-----</div>
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| __TOC__
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| ==2. Regulation and standardization==
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| ===Federal regulation of cannabis===
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| [[File:Dea color logo.svg|right|250px]]On October 27, 1970, the Controlled Substances Act put into place five schedules or classifications of drugs that would be regulated in some fashion, and drugs were initially classified into those schedules, followed by annual reviews and updates.<ref name="GPO21USC812" /> Marijuana was initially placed under Schedule I<ref name="GPO21USC812">{{cite web |url=https://www.gpo.gov/fdsys/pkg/USCODE-2011-title21/html/USCODE-2011-title21-chap13-subchapI-partB-sec812.htm |title=§812. Schedules of controlled substances |work=United States Code |publisher=U.S. Government Publishing Office |date=03 January 2012 |accessdate=27 January 2017}}</ref> and remains there today.<ref name="LegerMari16">{{cite web |url=http://www.usatoday.com/story/news/2016/08/11/dea-marijuana-remains-illegal-under-federal-law/88550804/ |title=Marijuana to remain illegal under federal law, DEA says |author=Leger, D.L. |work=USA. Today |publisher=Gannett Company |date=11 August 2016 |accessdate=20 January 2017}}</ref><ref name="JosephDEA16">{{cite web |url=https://www.statnews.com/2016/08/10/marijuana-medical-research-dea/ |title=DEA decision keeps major restrictions in place on marijuana research |author=Joseph, A. |work=STAT |publisher=Boston Globe Media |date=10 August 2016 |accessdate=25 January 2017}}</ref><ref name="GrubbsDEA16">{{cite web |url=http://www.cnsnews.com/news/article/alex-grubbs/dea-declines-request-reclassify-marijuana-citiing-its-high-potential-abuse |title=DEA Declines Request to Reclassify Marijuana, Citiing Its 'High Potential for Abuse' |author=Grubbs, A. |work=CNSNews |publisher=Media Research Center |date=13 August 2016 |accessdate=27 January 2017}}</ref> As a Schedule I drug, the federal government is indicating marijuana has<ref name="GPO21USC812" />:
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| * "a high potential for abuse";
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| * "no currently accepted medical use in treatment in the United States"; and
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| * "a lack of accepted safety for use of the drug or other substance under medical supervision".
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| Then came the Reorganization Plan No. 2 of 1973, which took existing enforcement entities such as the Bureau of Narcotics and Dangerous Drugs and placed them into a new, unified entity called the Drug Enforcement Administration (DEA).<ref name="GPO5USCApp">{{cite web |url=https://www.gpo.gov/fdsys/pkg/USCODE-2011-title5/html/USCODE-2011-title5-app-reorganiz-other-dup96.htm |title=Reorganization Plan No. 2 of 1973 |work=United States Code |publisher=U.S. Government Publishing Office |date=03 January 2012 |accessdate=27 January 2017}}</ref><ref name="DEAHist7075">{{cite web |url=https://www.dea.gov/about/history/1970-1975.pdf |format=PDF |title=Drug Enforcement Administration: 1970–1975 |work=DEA History In Depth |publisher=U.S. Drug Enforcement Administration |accessdate=27 January 2017}}</ref> Then President Richard Nixon said of the transition<ref name="GPO5USCApp" />:
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| <blockquote>The enforcement work could benefit significantly, however, from consolidation of our anti-drug forces under a single unified command. Right now the Federal Government is fighting the war on drug abuse under a distinct handicap, for its efforts are those of a loosely confederated alliance facing a resourceful, elusive, worldwide enemy.</blockquote>
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| The DEA was given numerous responsibilities, including but not limited to the development of enforcement strategy; investigation and prosecution preparation of suspects violating federal law; regulation of drugs and other controlled substances; and coordination and cooperation with state and local government drug enforcement efforts.<ref name="GPO5USCApp" /> Since then the DEA has taken various steps—with guidance from the Food and Drug Administration (FDA)<ref name="HamiltonTheFDA16">{{cite web |url=https://news.vice.com/article/dea-fda-marijuana-schedule-1-status-decision |title=The FDA told the DEA whether pot is medicine — but it won't tell the public |author=Hamilton, K. |work=Vice News |publisher=Vice Media, LLC |date=27 June 2016 |accessdate=27 January 2017}}</ref>—to regulate and enforce the availability and use of controlled substances such as marijuana. As the decriminalization and legalization efforts of states have increased in past decades, this has brought federal regulation and enforcement conflicts to those states that have decriminalized and legalized, largely due to the federal government's insistence on maintaining marijuana as a Schedule I drug.<ref name="Romza-KutzTheSilver16">{{cite web |url=http://www.thompsoncoburn.com/insights/blogs/tracking-cannabis/post/2016-08-15/the-silver-lining-in-the-dea-s-refusal-to-reclassify-cannabis |title=The silver lining in the DEA’s refusal to reclassify cannabis |work=Tracking Cannabis |author=Romza-Kutz, D.; Roth V., F. |publisher=Thompson Coburn LLP |date=15 August 2016 |accessdate=25 January 2017}}</ref><ref name="HudakTheCon15">{{cite web |url=http://www.newsweek.com/conflict-between-federal-and-state-marijuana-laws-claims-victim-345099 |title=The Conflict Between Federal and State Marijuana Laws Claims a Victim |author=Hudak, J. |work=Newsweek |publisher=Newsweek, LLC |date=20 June 2015 |accessdate=27 January 2017}}</ref>
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| Numerous changes in policy and controversies have occurred since the Controlled Substance Act and DEA were implemented, including a 22-year-long effort by the National Organization for the Reform of Marijuana Laws (NORML) to have marijuana rescheduled (1972–1994).<ref name="DPAMAPSTheDEA14">{{cite web |url=http://www.drugpolicy.org/sites/default/files/DPA-MAPS_DEA_Science_Final.pdf |format=PDF |title=The DEA: Four Decades of Impeding And Rejecting Science |author=Drug Policy Alliance; MAPS |publisher=Drug Policy Alliance |date=June 2014 |accessdate=27 January 2017}}</ref> However, the following talking points represent the most recent important federal-level changes and rulings that impact federal regulation of and enforcement of laws relating to cannabis.
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| '''October 19, 2009: The Ogden Memorandum'''
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| Deputy Attorney General David W. Ogden issued a memorandum "intended solely as a guide to the exercise of investigative and prosecutorial discretion" in regards to state-based laws allowing medical cannabis.<ref name="OgdenMemor09">{{cite web |url=https://www.justice.gov/opa/blog/memorandum-selected-united-state-attorneys-investigations-and-prosecutions-states |title=Memorandum for Selected United State Attorneys on Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana |author=Ogden, D.W. |work=Justice Blogs |publisher=Department of Justice |date=19 October 2009 |accessdate=26 January 2017}}</ref> The guidance essentially told U.S. attorneys to not prosecute those entities complying fully with state cannabis laws. Researchers generally agree that this memo acted "as a catalyst for expansion of [state-sanctioned and gray market] cannabis supply in states with poorly defined regulations," though the degree to which it influenced such growth remains poorly documented and requires further investigation.<ref name="CambronState16">{{cite journal |title=State and National Contexts in Evaluating Cannabis Laws: A Case Study of Washington State |journal=Journal of Drug Issues |author=Cambron, C.; Guttmannova, K.; Fleming, C.B. |volume=47 |issue=1 |pages=74–90 |year=2017 |doi=10.1177/0022042616678607}}</ref> To be sure, it likely had some effect, as the number of licensed patients using medical marijuana in the state of Colorado increased from 4,800 in 2008 to 41,000 in 2009, and operating dispensaries jumped to more than 900 by mid-2010.<ref name="HIDTATheLeg13">{{cite web |url=http://www.rmhidta.org/html/final%20legalization%20of%20mj%20in%20colorado%20the%20impact.pdf |format=PDF |title=The Legalization of Marijuana in Colorado: The Impact |author=Rocky Mountain HIDTA |volume=1 |date=August 2013 |accessdate=26 January 2017}}</ref>
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| '''June 29, 2011: The Cole Memorandum 1'''
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| Deputy Attorney General James M. Cole issued a memo as a follow-up to the Ogden Memo, muddying the waters in the process. While stating that the stance of efficiently using department resources as outlined in the Ogden Memo still stood, Cole also made it clear that large grow-ops that didn't qualify as "caregivers" had sprung up since.<ref name="ColeMemo11">{{cite web |url=https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/dag-guidance-2011-for-medical-marijuana-use.pdf |format=PDF |title=Memorandum for United States Attorneys |author=Cole, J.M. |publisher=Department of Justice |date=29 June 2011 |accessdate=26 January 2017}}</ref> The language of the memo essentially said "get off your butts and nail those suckers."<ref name="GreenfieldTheCole13">{{cite web |url=https://blog.simplejustice.us/2013/08/30/the-cole-memo-2-0-this-changes-everything/ |title=The Cole Memo 2.0: This Changes Everything |work=Simple Justice |author=Greenfield, S.H. |date=30 August 2013 |accessdate=26 January 2017}}</ref> Cambron ''et al.''<ref name="CambronState16" /> and Fairman<ref name="FairmanTrends16">{{cite journal |title=Trends in registered medical marijuana participation across 13 US states and District of Columbia |journal=Drug and Alcohol Dependence |author=Fairman, B.J. |volume=159 |pages=72–9 |year=2016 |doi=10.1016/j.drugalcdep.2015.11.015 |pmid=26686277}}</ref> suggest this memo had some impact as evidenced by declines in cannabis patient registration from 2011–2013 in Colorado, Michigan, and Montana.
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| '''August 29, 2013: The Cole Memorandum 2'''
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| Deputy Attorney General James M. Cole issued a follow-up memo to his original two years later, following 1. on the heels of then President Obama reiterating publicly that the Department of Justice (DoJ) was to not focus unnecessarily on states that had passed legalization laws and 2. Washington and Colorado legalizing recreational use of cannabis.<ref name="CambronState16" /> The second memorandum sought to reduce the emphasis on the size of the grow-op and increase emphasis on—by a case-by-case basis—"whether the operation is demonstrably in compliance with a strong and effective state regulatory system."<ref name="ColeMemo13">{{cite web |url=https://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf |format=PDF |title=Memorandum for All United States Attorneys |author=Cole, J.M. |publisher=Department of Justice |date=29 August 2013 |accessdate=26 January 2017}}</ref> The memo also clarified specific cases where federal enforcement would be warranted, including distribution to minors, interstate transport, and preventing drugged driving (though it didn't state how). Generally speaking, states saw little federal intervention except in the case of state law being broken or requiring dispensaries to move further away from schools.<ref name="MPPFederal16">{{cite web |url=https://www.mpp.org/federal/federal-enforcement-policy-on-state-marijuana-laws/ |title=Federal Marijuana Enforcement Policy |publisher=Marijuana Policy Project |date=2016 |accessdate=26 January 2017}}</ref><ref name="CambronState16" /> Despite the memo, some attorneys continued to see Cole Memorandum 2 as nothing more than unclear language that had no legal weight for anxious growers and distributors in states where cannabis was legalized.<ref name="GreenfieldTheCole13" />
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| '''December 16, 2014 to current: Rohrabacher-Blumenauer Amendment'''
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| A tenuous truce of sorts arrived with the passage of the Rohrabacher-Farr (today known as Rohrabacher-Blumenauer) Amendment in December 2014. The amendment prohibited the DoJ from spending funds to prevent or enforce against state laws that allow for medical marijuana cultivation, distribution, and use, particularly when those actions are performed consistently with those state laws.<ref name="ArmentanoPres14">{{cite web |url=http://blog.norml.org/2014/12/16/president-to-sign-federal-spending-bill-protecting-state-sanctioned-medical-marijuana-programs/ |title=President Signs Federal Spending Bill Protecting State Sanctioned Medical Marijuana Programs |author=Armentano, P. |work=NORML Blog |publisher=NORML Foundation |date=16 December 2014 |accessdate=27 January 2017}}</ref> Before being passed in December 2014, the amendment had actually been introduced and defeated six times in the previous 10 years.<ref name="BrekkeHouse14">{{cite web |url=https://ww2.kqed.org/news/2014/05/30/house-votes-to-block-medical-pot-prosecution/ |title=House Votes to End Medical Marijuana Prosecutions |author=Brekke, D. |work=KQED News |publisher=KQED, Inc |date=30 May 2014 |accessdate=27 January 2017}}</ref> The DoJ later went on to challenge the amendment on several occasions, from ''U.S. v. Marin Alliance for Medical Marijuana'' in 2015 to a collection of 10 different cases from California and Washington in 2016. In all these instances, the courts ruled against the DoJ, setting precedent against further department action.<ref name="IngrahamFed15">{{cite web |url=https://www.washingtonpost.com/news/wonk/wp/2015/10/20/federal-court-tells-the-dea-to-stop-harassing-medical-marijuana-providers/ |title=Federal court tells the DEA to stop harassing medical marijuana providers |author=Ingraham, C. |work=The Washington Post |publisher=WP Company, LLC |date=20 October 2015 |accessdate=27 January 2017}}</ref><ref name="FermerTheLargest16">{{cite web |url=http://www.huffingtonpost.com/entry/medical-marijuana-9th-circuit_us_57b36a31e4b04ff883990337 |title=The Largest Federal Appeals Court Tells DOJ To Back Off State-Legal Medical Marijuana |author=Fermer, M. |work=The Huffington Post |publisher=TheHuffingtonPost.com, Inc |date=16 August 2016 |accessdate=27 January 2017}}</ref>
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| One of the downsides of Rohrabacher-Farr is that it has essentially acted as a short-term rider attached to several spending bills since December 2014. Due again for renewal in April 2017, and with the new Trump administration coalescing—including Trump's demonstrably anti-drug U.S. Attorney General Jeff Sessions—some in the industry were concerned the amendment would not be renewed, opening the door again for the DoJ to implement stronger enforcement.<ref name="SteinmetzThese16">{{cite web |url=http://time.com/4559278/marijuana-election-results-2016/ |title=These States Just Legalized Marijuana |author=Steinmetz, K. |work=Time |publisher=Time, Inc |date=08 November 2016 |accessdate=20 January 2017}}</ref><ref name="SwerdlowApril17">{{cite web |url=http://www.marijuananews.org/afraid |title=April 28, 2017 - Be Afraid, Be Very Afraid + IRS FU |author=Swerdlow, L. |publisher=Marijuana Anti-Prohibition Project |date=22 January 2017 |accessdate=27 January 2017}}</ref><ref name="YakowiczThePerfect17">{{cite web |url=http://www.inc.com/will-yakowicz/perfect-storm-regulations-could-cripple-marijuana-industry.html |title=The Perfect Storm That Could Cripple the Marijuana Industry Under Trump |author=Yakowicz, W. |work=Inc |publisher=Mansueto Ventures, LLC |date=20 January 2017 |accessdate=27 January 2017}}</ref><ref name="RohrabacherRohr17">{{cite web |url=https://rohrabacher.house.gov/media-center/press-releases/rohrabacher-praises-sessions-urges-ag-nominee-to-respect-federal |title=Rohrabacher praises Sessions, urges AG nominee to respect federal marijuana law |author=Rohrabacher, D. |publisher=State of California |date=11 January 2017 |accessdate=27 January 2017}}</ref><ref name="MuiTrump17">{{cite web |url=http://www.cnbc.com/2017/03/14/donald-trump-and-jeff-sessions-anti-legal-pot-industry.html |title=Trump and his attorney general are freaking out the $7 billion pot industry |author=Mui, Y. |work=CNBC |publisher=CNBC, LLC |date=14 March 2017 |accessdate=15 March 2017}}</ref> However, the Amendment continued to live on as the Rohrabacher-Blumenauer Amendment, with Rep. Earl Blumenauer taking over as co-lead with the retirement of Rep. Farr. As of December 2018, the amendment is renewed through December 8, 2018.<ref name="ShermanDespite18">{{cite web |url=https://www.nbcnews.com/business/business-news/despite-canada-s-legalization-pot-cannabis-stocks-need-more-puff-n921721 |title=Despite Canada's legalization of pot, cannabis stocks need more than a puff of smoke to stay lit |author=Sherman, E. |work=NBC News |date=18 October 2018 |accessdate=13 November 2018}}</ref> Alternative bills are continuing to be proposed, including a more permanent version of Rohrabacher-Blumenauer introduced by Representative Dana Rohrabacher of California; however, Speaker Paul Ryan has implemented rules prohibiting amendments to budgetary legislation, and the fact remains that Congress remains reluctant in hearing bills that would change the country's marijuana laws.<ref name="AdamsMari17">{{cite web |url=https://thefreshtoast.com/cannabis/marijuana-bills-currently-congress-can-change-game/ |title=Marijuana Bills Currently In Congress: How They Can Change The Game |author=Adams, M. |work=The Fresh Toast |publisher=Project Coco, Inc |date=13 March 2017 |accessdate=15 March 2017}}</ref><ref name="RuskinSessions17">{{cite web |url=http://www.sfweekly.com/news/chemtales/sessions-hints-at-a-war-on-marijuana-now-what/ |title=Sessions Hints at a War on Marijuana. Now What? |author=Ruskin, Z. |work=SF Weekly |publisher=San Francisco Media Co |date=08 March 2017 |accessdate=15 March 2017}}</ref>
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| '''August 11, 2016: DEA denies petition to reschedule marijuana out of Schedule I'''
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| A request made by two governors and a psychiatric nurse practitioner to the DEA asking it to reschedule marijuana into any other schedule other than Schedule I was denied, as had been done with previous attempts in 2009 and 2011.<ref name="LegerMari16" /><ref name="JosephDEA16" /><ref name="GrubbsDEA16" /> Reasons included known health issues such as prenatal exposure and negative impacts on several biological systems, as well as limited research data and new drug applications.<ref name="Romza-KutzTheSilver16" /> At the same time, however, the DEA also recognized the need for further research and the lack of legal marijuana sources for researchers, publishing a policy statement stating intent "to increase the lawful supply of marijuana available to researchers."<ref name="81FR53846">{{cite journal |url=https://www.federalregister.gov/documents/2016/08/12/2016-17955/applications-to-become-registered-under-the-controlled-substances-act-to-manufacture-marijuana-to |journal=Federal Register |title=Applications To Become Registered Under the Controlled Substances Act To Manufacture Marijuana To Supply Researchers in the United States |volume=81 |issue=156 |date=12 August 2016 |pages=53846–8 |accessdate=27 January 2017}}</ref> However, that statement of intent has not been acted upon as of December 2018.<ref name="GurmanMari18">{{cite web |url=https://www.wsj.com/articles/marijuana-research-applications-go-nowhere-at-justice-department-1536404401 |title=Marijuana-Research Applications Go Nowhere at Justice Department |author=Gurman, S. |work=The Wall Street Journal |publisher=Dow Jones & Company, Inc |date=08 September 2018 |accessdate=13 November 2018}}</ref><ref name="OrdoñezTrump18">{{cite web |url=https://www.miamiherald.com/news/nation-world/national/article221305965.html |title=Trump fired Sessions. Here are four takeaways from the attorney general’s tenure |author=Ordoñez, F.; Kumar, A. |work=Miami Herald |publisher=The McClatchy Company |date=07 November 2018 |accessdate=13 November 2018}}</ref>
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| ===State and local regulation===
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| As of December 2018, thirty-three U.S. states have put some sort of broad decriminalization or legalization laws for cannabis on the books.<ref name="BerkeMichigan18">{{cite web |url=https://www.businessinsider.com/legal-marijuana-states-2018-1 |title=Michigan is the 10th state to legalize recreational marijuana. This map shows every US state where pot is legal |author=Berke, J.; Gould, S. |work=Business Insider |publisher=Insider, Inc |date=07 November 2018 |accessdate=13 November 2018}}</ref> In October 1973, Oregon became the first state to enact decriminalization laws for marijuana, imposing a $100 fine for possession of less than an ounce. Eleven other states followed a similar path within five years.<ref name="SingleTheImp81">{{cite book |chapter=The Impact of Marijuana Decriminalization |title=Research Advances in Alcohol and Drug Problems |author=Single, E.W. |editor=Israel, Y.; Glaser, F.B.; Kalant, H. et al. |publisher=Springer US |year=1981 |pages=405–424 |doi=10.1007/978-1-4615-7740-9_12 |isbn=9781461577409}}</ref> The next wave of changes began with the passage of medical marijuana legislation in California—the Compassionate Use Act—in November 1996, followed by similar legislation in Oregon and Alaska in 1998, Maine in 1999, and Colorado, Hawaii, and Nevada in 2000.<ref name="CambronState16" /><ref name="Alaska98Results">{{cite web |url=http://www.elections.alaska.gov/results/98GENR/results.htm |title=Election Summary Report, State of Alaska 1998 General Election: Official Results |work=Election Results |publisher=State of Alaska Division of Elections |date=1 December 1998 |accessdate=1 February 2017}}</ref> Other states continued to add decriminalization and medical marijuana laws in the 2000s. But it wasn't until 2012 that Colorado and Washington became the first states to make recreational marijuana legal, followed by Alaska, Oregon, and the District of Columbia in 2014.<ref name="CambronState16" /> Colorado, Maine, Massachusetts, and Nevada followed suit in 2016<ref name="BurkeFour17">{{cite web |url=http://www.natlawreview.com/article/four-more-states-pass-new-marijuana-laws-california-maine-massachusetts-nevada |title=Four More States Pass New Marijuana Laws: California, Maine, Massachusetts, Nevada |author=Burke, C. |work=National Law Review |publisher=National Law Forum, LLC |date=04 January 2017 |accessdate=01 February 2017}}</ref>, with Michigan doing the same in 2018.<ref name="ChappelVoters18">{{cite web |url=https://www.npr.org/2018/11/07/665161814/3-more-states-ok-easing-their-marijuana-laws-michigan-utah-missouri |title=Voters Relax Marijuana Laws In 3 More States: Michigan, Utah, Missouri |author=Chappell, B. |work=NPR |date=07 November 2018 |accessdate=13 November 2018}}</ref>
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| As shown by Cambron ''et al.'' in 2016 (before the November election results)<ref name="CambronState16" />, dispensaries, possession limits, and interstate ID card acceptance can vary significantly among affected states. California, Colorado, Michigan, Oregon, and Washington lead in number of dispensaries; Massachusetts, Oregon, and Washington in maximum possession limits; and Arizona plus five others allowed ID cards from other states. Yet allowed dispensaries can number in the single digits, possession limits can be as low as one ounce, and numerous states still don't honor ID cards from other states.<ref name="CambronState16" />
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| Then there's the matter of state differences in testing, enforcement, advertising allowances, etc. It helps to turn to professional associations and organizations—who often lead the charge for improved, more relevant standards—to sort through the variances. The Association of Public Health Laboratories (APHL), for example, has published its ''Guidance for State Medical Cannabis Testing Programs'' to help sort through the confusing tangle of existing testing laws, where they exist. They exemplify this variation of law in their document<ref name="APHLGuide16">{{cite web |url=https://www.aphl.org/aboutAPHL/publications/Documents/EH-Guide-State-Med-Cannabis-052016.pdf |format=PDF |title=Guidance for State Medical Cannabis Testing Programs |author=Association of Public Health Laboratories |pages=35 |date=May 2016 |accessdate=01 February 2017}}</ref>:
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| <blockquote>As with most programs in the United States, every state takes a different approach. For example as of January 2016, New Jersey’s Public Health & Environmental Laboratories only test cannabis plant material. Just across the Hudson, however, New York’s Public Health Laboratory will not be testing any plant material, only cannabis extracts. In addition, the New York Department of Health will provide an oversight role for commercial cannabis laboratories that are licensed by the federal Drug Enforcement Administration (DEA) and approved for testing cannabis products. On the other hand, New Jersey state government does all testing in-house for the medical cannabis program.</blockquote>
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| As such, unlike their federal counterpart, it's difficult to make broad generalizations about cannabis regulations and their enforcement in the states. It becomes even more difficult when examining states that don't have clear, well-considered regulations or strong enforcement powers. Cambron ''et al.'' emphasized this issue in regards to the supply side, saying: "States without clearly defined regulations for medical cannabis supply have fostered gray markets for cannabis whereby individuals without documented medical conditions are able to easily obtain medical cannabis authorizations. This scenario has created substantial challenges for law enforcement in multiple states."<ref name="CambronState16" />
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| Cole ''et al.'' argue that in the end, it will take pressure on the federal government "to set up policy guardrails to steer state regulatory systems" in a more unified and safe direction. Drugged driving, use by minors, interstate distribution, relation to crime and firearms, consumer safety, and advertising are all issues the government should be tackling towards that goal, they say. Not that states aren't addressing these regulatory concerns; they are, but not in consistent ways.<ref name="ColeAll16">{{cite web |url=http://www.thirdway.org/report/all-state-marijuana-laws-are-not-created-equal |title=All State Marijuana Laws Are Not Created Equal |work=Third Way |author=Cole, T.; Trumble, S.; Hatalsky, L.E. |date=17 February 20116 |accessdate=02 February 2017}}</ref>
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| ===Standardization===
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| While federal, state, and local governments wrestle with the regulatory frameworks surrounding cannabis, scientists and government officials are carrying on, doing what they can to harmonize those regulations with emerging industry standards and guidelines. For example, state officials from Colorado, New Mexico, Oregon, and Washington teamed up to give a presentation called "State Regulatory Approaches to Cannabis Testing, Operations and Product Logistics" at the July 2016 Cannabis Quality, Strategies and Solutions Summit. That presentation focused on the harmonization of regulatory standards and frameworks across states, as well as discussions of what scientific efforts are required to support those standards and frameworks.<ref name="CQSSS16">{{cite web |url=http://chernislaw.com/news/wp-content/uploads/2016/07/NEW-Cannabis-Quality-Summit-Main-Summit-Agenda.pdf |format=PDF |title=Cannabis Quality, Strategies and Solutions Summit - Agenda |publisher=Information Forecast, Inc |date=July 2016 |accessdate=02 February 2017}}</ref> Additionally, organizations such as Americans for Safe Access Foundation (ASAF), American Herbal Pharmacopoeia (AHP), American Herbal Products Association (AHPA), Association of Official Agricultural Chemists (AOAC), and the American Oil Chemists' Society (AOCS) have been developing standards, methods, and certifications for analysis, extraction, labeling, and laboratory operations surrounding medical (and recreational) marijuana.<ref name="InfocastNew16">{{cite web |url=http://infocastinc.com/industries/new-certification-program-brings-quality-assurance-to-the-medical-marijuana-industry/ |title=New Certification Program Brings Quality Assurance to the Medical Marijuana Industry |publisher=Information Forecast, Inc |date=2016 |accessdate=02 February 2017}}</ref><ref name="AHPARecomm16">{{cite web |url=http://www.ahpa.org/Portals/0/pdfs/AHPA_Recommendations_for_Regulators_Cannabis_Operations.pdf |format=PDF |title=Recommendations for Regulators – Cannabis Operations |author=Cannabis Committee, AHPA |publisher=American Herbal Products Association |date=02 February 2016}}</ref><ref name="AHPCanna14">{{cite book |url=http://www.herbal-ahp.org/order_online.htm |title=''Cannabis Inflorescence'': ''Cannabis'' spp. |publisher=American Herbal Pharmacopoeia |editor=Upton, R.; Craker, L.; ElSohly, M. et al. |year=2014 |isbn=1929425333}}</ref><ref name="MarcuJahan16">{{cite web |url=https://www.projectcbd.org/article/jahan-marcu-cannabis-lab-testing-safety-protocols |title=Jahan Marcu: Cannabis Lab Testing & Safety Protocols |work=Project CBD |author=Project CBD; Marcu, J. |publisher=Project CBD |date=16 March 2016 |accessdate=03 February 2017}}</ref><ref name="EricksonCleaning17">{{cite web |url=https://cen.acs.org/articles/95/i45/Cleaning-cannabis.html |title=Cleaning up cannabis |author=Erickson, B.E. |work=Chemical & Engineering News |publisher=American Chemical Society |date=13 November 2017 |accessdate=15 November 2018}}</ref><ref name="CassidayTheHighs16">{{cite web |url=https://www.aocs.org/stay-informed/read-inform/featured-articles/the-highs-and-lows-of-cannabis-testing-october-2016 |title=The Highs and Lows of Cannabis Testing |author=Cassiday, L. |work=INFORM |publisher=American Oil Chemists' Society |date=October 2016 |accessdate=03 February 2017}}</ref>
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| Notable among those organizations is the Foundation of Cannabis Unified Standards (FOCUS), which worked to produce internationally applicable voluntary consensus standards for various parts of the cannabis business chain, including cultivation, extraction, laboratory testing, and packaging. FOCUS completed its public review process and finalized its standards in July 2016, though at that time it wasn't clear how to gain access to them.<ref name="FOCUSPublic16">{{cite web |url=http://www.focusstandards.org/public-review-of-cannabis-standards/ |title=Public Review Completes Development Process |publisher=FOCUS |date=2016 |accessdate=16 February 2016}}</ref> New information came to light in March 2017, when FOCUS and ASTM International announced a collaboration between the two entities, which in April 2017 saw the formation of volunteer committee D37 at ASTM and the further adaptation of FOCUS' standards to future ASTM releases.<ref name="BirosASTM17">{{cite web |url=https://www.cannabisindustryjournal.com/news_article/astm-international-launches-cannabis-committee/ |title=ASTM International Launches Cannabis Committee |author=Biros, A.G. |work=Cannabis Industry Journal |publisher=Innovative Publishing Co. LLC |date=02 March 2017 |accessdate=10 March 2017}}</ref><ref name="ASTMD37">{{cite web |url=https://www.astm.org/COMMITTEE/D37.htm |title=Committee D37 on Cannabis (Pending approval from the ASTM Board of Directors, April 26, 2017) |publisher=ASTM International |date=01 March 2017}}</ref>
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| The newly formed Committee D37 agreed to pursue cannabis standardization in six key areas<ref name="MaxwellTheNeed17">{{cite web |url=https://www.astm.org/standardization-news/?q=features/need-cannabis-standards-mj17.html |title=The Need for Cannabis Standards |author=Maxwell, J. |work=ASTM Standardization News |publisher=ASTM International |date=May 2017 |accessdate=14 November 2018}}</ref><ref name="MorganASTM18">{{cite web |url=https://www.labroots.com/webinar/astm-international-committee-d37-cannabis-road-consensus-standards |title=ASTM International Committee D37 on Cannabis: The Road to Consensus Standards |author=Morgan, R. |work=LabRoots |date=29 March 2018 |accessdate=14 November 2018 |quote=At 20:25 of the webinar}}</ref>:
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| * ''indoor and outdoor horticulture and agriculture'': e.g., pest management, water considerations, environmental site assessment, and sustainability
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| * ''quality management systems'': e.g., quality considerations, due dillegence
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| * ''laboratory testing'': e.g., sampling, stability testing, purity testing, analytical methods, and proficiency testing
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| * ''processing and handling'': e.g., drying and curing, exposure management, waste management, storage
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| * ''security and transportation'': e.g., packaging, shipping management, risk assessment and mitigation, occupational health and safety
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| * ''training, assessment, and credentialing'': e.g., laboratory training, clean room management, quality inspection, patient and physician education
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| Since its founding in April 2017, Committee D37 has made strides towards its goals. Meeting every January and June<ref name="ASTMD3718">{{cite web |url=https://www.astm.org/COMMITTEE/D37.htm |title=Committee D37 on Cannabis |publisher=ASTM International |date=2018 |accessdate=14 November 2018}}</ref>, D37 has made progress on developing several standards and creating a set of standardized terminology to be used across them.<ref name="MayASTM18">{{cite web |url=https://www.analyticalcannabis.com/articles/astm-d37-cannabis-committee-looks-to-expand-its-reach-in-2018-297750 |title=ASTM D37 Cannabis Committee Looks to Expand its Reach in 2018 |author=May, M. |work=Analytical Cannabis |publisher=Technology Networks |date=21 February 2018 |accessdate=14 November 2018}}</ref> Its first two approved standards arrived in May 2018, concerning testing methods for determining water activity in cannabis samples, as well as the range of water activity that is "safe and effective" for storing samples.<ref name="ASTM18">{{cite web |url=https://www.astm.org/cms/drupal-7.51/newsroom/astm-international-cannabis-committee-approves-first-two-standards |title=ASTM International Cannabis Committee Approves First Two Standards |publisher=ASTM International |date=18 May 2018 |accessdate=14 November 2018}}</ref> In August 2018, the committee announced a new standards project that would result in two guides that "will provide sampling procedures critical in generating accurate laboratory results, which in turn could lead to improved consumer safety."<ref name="ASTMAnnounce18">{{cite web |url=https://www.cannabisbusinessexecutive.com/2018/08/astm-international-standard-underway-help-reduce-hazards-cannabis-processing/ |title=ASTM Announces New International Standard Projects to Help Reduce Hazards in Cannabis Processing and Cannabis Sampling Procedures |author=ASTM International |work=Cannabis Business Executive |date=23 August 2018 |accessdate=14 November 2018}}</ref>
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| <div align="center">-----Go to [[User:Shawndouglas/sandbox/sublevel3|the next chapter]] of this guide-----</div>
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| ==References==
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| {{Reflist|colwidth=30em}}
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| ==Citation information for this chapter==
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| '''Chapter''': 2. Regulation and standardization
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|
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| '''Title''': ''Past, Present, and Future of Cannabis Laboratory Testing and Regulation in the United States''
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| '''Edition''': Second edition
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| '''Author for citation''': Shawn E. Douglas
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| '''License for content''': [https://creativecommons.org/licenses/by-sa/4.0/ Creative Commons Attribution-ShareAlike 4.0 International]
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| '''Publication date''': December 2018
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