Effective Sept. 11, 2020, Oklahoma medical marijuana growers and processors are allowed to remediate and retest their product in some instances, said Tulsa medical marijuana attorney Stephen Cale. Also, the new rules set out how testing samples must be collected.
The new rules came about as a result of public hearings and comments earlier this year. The new rules affect Oklahoma medical marijuana businesses and patients. Read highlights of the new rules.
REMEDIATION AND RETESTING
With the new rules, growers and processors may remediate and retest marijuana or marijuana product that originally failed testing. However, if the harvest or production batch from which a sample was taken is not, or cannot be, decontaminated or remediated, then the batch must be disposed of. The rules also provide exceptions to remediation and retesting.
According to the new rules, the remediation process cannot impart any toxic or “deleterious” substance to usable marijuana or product. Also, remediation methods or solvents must be disclosed to the testing lab, Tulsa medical marijuana attorney Stephen Cale said.
Under the new rules, growers and processors must (as applicable):
- Have detailed procedures for remediation and decontamination processes for removing microbial contaminants and foreign materials. Additionally, the procedures must include processes for reducing solvent concentrations.
- Before retesting, provide the testing lab a document specifying how the product was remediated or decontaminated. The lab will keep this document along with other testing documentation.
- Document all resampling, retesting, decontamination, remediation and/or disposal of marijuana or marijuana-derived products that fail lab testing.
- Inform a lab prior to taking samples that the harvest or production batch has failed testing and is being retested after undergoing remediation or decontamination.
REMEDIATION AND TESTING | RESIDUAL SOLVENTS AND PROCESSING CHEMICALS
If a sample from a batch fails residual solvent and processing chemicals testing, the batch may be remediated using procedures that would reduce the concentration of solvents to acceptable levels.
A remediated batch must be sampled and retested for solvents and must be tested for pesticides. However, a batch that fails residual solvent and processing chemicals testing and is not remediated or is remediated and fails retesting must be disposed in accordance with the Oklahoma Medical Marijuana Waste Management Act.
REMEDIATION AND RETESTING | FOREIGN MATERIALS TESTING
If a sample from a batch of usable marijuana fails foreign materials testing, the batch from which the sample was taken may be remediated to reduce the amount of foreign materials to acceptable levels.
REMEDIATION AND RETESTING | WATER ACTIVITY AND MOISTURE CONTENT
If a harvest batch sample fails water activity and/or moisture content testing, the harvest batch may be further dried and cured by the grower.
If the harvest batch passed initial testing for residual solvents and chemical residue, metals, and/or pesticides, then the harvest batch does not require additional testing for those testing categories.
REMEDIATION AND RETESTING | RESIDUAL PESTICIDE TESTING
If a sample from a batch fails residual pesticide testing, the batch may NOT be remediated and must be disposed in accordance with the Oklahoma Medical Marijuana Waste Management Act.
Further, the OMMA may report to the Oklahoma Department of Agriculture all test results showing samples failing residual pesticide testing.
REMEDIATION AND RETESTING | HEAVY METALS TESTING
If a sample from a batch fails heavy metals testing, the batch may NOT be remediated. Instead, it must be disposed in accordance with the Oklahoma Medical Marijuana Waste Management Act.
Additionally, the OMMA may report to the Oklahoma Department of Environmental Quality all test results showing samples failing heavy metals testing.
REMEDIATION AND RETESTING | MYCOTOXIN TESTING
If a sample from a batch fails mycotoxins testing, the batch may NOT be remediated and must be disposed in accordance with the Oklahoma Medical Marijuana Waste Management Act.
NEW RULES OUTLINE SAMPLING METHODS FOR TESTING
Under the new rules, persons collecting samples for testing are called “Samplers.” Samplers must:
- Follow the approved sampling policies and procedures of the laboratory that will be testing the samples collected. Samplers must have access to a copy of the laboratory’s standard operating procedures while they are collecting the samples; and
- Follow inventory manifest requirements set forth in the OMMA rules.
WORKING WITH CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of medical marijuana law and criminal defense. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards.
We have helped numerous people set up marijuana businesses and acquire their commercial medical marijuana licenses. If you want a medical marijuana business license, marijuana compliance auditing, or need legal representation in the Oklahoma medical marijuana industry, call the Cale Law Office at 918-771-7314. Your initial consultation is free.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He has been serving people with legal needs for more than 21 years.
He also serves on the board of Green Country NORML, a Tulsa chapter of NORML.
Tulsa medical marijuana attorney Stephen Cale is the founder of Cale Law Office, located in Tulsa, Oklahoma. He has been serving people with legal needs for more than 21 years.
Stephen Cale works with a number of marijuana-related organizations. He is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). Additionally, he serves on the board of Green Country NORML, a Tulsa chapter of NORML. He also serves on the Standard Operating Procedures steering committee for OK4U Approved.