Ohio Admin. Code 3796:3-2-06 - Laboratory testing

(A) Prior to the sale of any medical marijuana product to a dispensary licensed under Chapter 3796. of the Revised Code, an employee of a licensed testing laboratory shall select a random sample from every lot of medical marijuana products at the facility that is of sufficient quantity to perform the required tests. Every sample shall be tested by a licensed testing laboratory in accordance with the testing standards established for testing laboratories in the rules promulgated pursuant to Chapter 3796. of the Revised Code. At a minimum, a testing laboratory shall test every sample for:
(1) Microbial contaminants;
(2) Cannabinoid potency including, at minimum:
(a) Delta-8-tetrahydrocannabinol; Delta-9-tetrahydrocannabinolic acid (THCA);
(b) Delta-8-tetrahydrocannabinolic acid; Delta-9-tetrahydrocannabinol (THC);
(c) Delta-9-tetrahydrocannabinol; Cannabidiolic acid (CBDA); and
(d) Delta-9-tetrahydrocannabinolic acid; Cannabidiol (CBD).
(e) Cannabidiol (CBD);
(f) Cannabidiolic acid (CBDA);
(g) THC content as defined in rule 3796:1-1-01 of the Administrative Code;
(h) Cannabinol (CBN); and
(i) Any other cannabinoid determined by the department.
(3) If the medical marijuana extract used in the manufacture of the product was not previously tested by a licensed testing laboratory for the following contaminants, the product sample shall also be analyzed for:
(a) Mycotoxins;
(b) Heavy metals, including, at a minimum, arsenic, cadmium, lead, and mercury;
(c) Pesticide and fertilizer residue; and
(d) Residual solvents, if a solvent other than carbon dioxide was used in the extraction process.
(B) Prior to the sale of any medical marijuana product to a dispensary licensed under Chapter 3796. of the Revised Code that was manufactured using plant material acquired from a dispensary pursuant to paragraph (B) of rule 3796:3-2-01 of the Administrative Code, an employee of a licensed testing laboratory shall select a random sample from every lot of medical marijuana products at the facility that is of sufficient quantity to perform the required tests. Every sample shall be tested by a licensed testing laboratory in accordance with the testing standards established for testing laboratories in the rules promulgated pursuant to Chapter 3796. of the Revised Code. At a minimum, a testing laboratory shall test every sample for:
(1) Microbial contaminants;
(2) Cannabinoid potency including, at minimum:
(a) Delta-8-tetrahydrocannabinol; Delta-9-tetrahydrocannabinolic acid (THCA);
(b) Delta-8-tetrahydrocannabinolic acid; Delta-9-tetrahydrocannabinol (THC);
(c) Delta-9-tetrahydrocannabinol; Cannabidiolic acid (CBDA); and
(d) Delta-9-tetrahydrocannabinolic acid; Cannabidiol (CBD).
(e) Cannabidiol (CBD);
(f) Cannabidiolic acid (CBDA);
(g) THC content as defined in rule 3796:1-1-01 of the Administrative Code;
(h) Cannabinol (CBN); and
(i) Any other cannabinoid determined by the department.
(3) Mycotoxins;
(4) Heavy metals, including, at a minimum, arsenic, cadmium, lead, and mercury;
(5) Pesticide and fertilizer residue; and
(6) Residual solvents, if a solvent other than carbon dioxide was used in the extraction process.
(C) Prior to the sale of any plant material to a dispensary licensed under Chapter 3796. of the Revised Code, a processor shall verify that the required laboratory tests have been performed on each batch of plant material pursuant to paragraph (A) of rule 3796:2-2-06 of the Administrative Code.
(D) A licensed testing laboratory shall submit to the processor a certificate of analysis of every sample of medical marijuana tested by the laboratory in accordance with the rules promulgated pursuant to Chapter 3796. of the Revised Code. A processor shall not sell or otherwise distribute medical marijuana unless the medical marijuana meets the standards set forth by the department and the package or label contains the analysis from a licensed testing laboratory.

Notes

Ohio Admin. Code 3796:3-2-06
Effective: 5/2/2022
Five Year Review (FYR) Dates: 9/8/2022
Promulgated Under: 119.03
Statutory Authority: ORC 3796.03
Rule Amplifies: ORC 3796.03, ORC 3796.06(D)(1), ORC 3796.06(D)(2), ORC 3796.19(B)(2)
Prior Effective Dates: 09/08/2017

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