As many of our readers are aware, rulemaking has been ongoing in Colorado for the last several weeks. While the final rules are not yet available, we want to preview some of the changes that might soon become official that effect marijuana compliance. Again, these are not yet official changes, but there are some exciting updates that may prove very useful for the marijuana industry.
There are two unique changes created by the Sunset bill that impacted both the Medical and Retail Code regarding what you can do with flower or trim that has failed microbial testing and what license type can possess and sell the concentrate derived from that failed microbial flower or trim. Both are listed in the August 26, 2016 Redline Versions of the Medical and Retail Codes.
It is not uncommon to occasionally fail a microbial test or two on flower and trim produced at your Optional Premises Cultivation (OPC). Historically, the only option your OPC would have to save the flower or trim was to perform two additional microbial tests of that same batch and hope that they both pass. If one or both fail, there was no other option but to destroy the harvest batch. That is no longer the case! The Redline section of M/R 1507 lists a new avenue for the flower or trim other than destruction. The OPC may transfer the failed batch of flower or trim to an Infused Products Manufacturer (MIP) for processing by way of producing a solvent-based marijuana concentrate.
Concentrates produced by a MIP from a failed microbial batch must then be sent back to the original OPC. The unique situation that accompanies this new rule is that the OPC is responsible for submitting the standard tests required for concentrates, not the MIP. Required tests that the OPC must perform are M/R 1501 (Residual Solvent Testing) and M/R1503 (Potency). If the concentrate tests submitted by the OPC yield additional contaminant fails, then the OPC must destroy the concentrate batch and document the destruction just like any destruction per the Waste Disposal Rule.
But wait, an OPC cannot possess and or sell concentrate that was not produced via cold water extraction, right? Actually, these pending rules clarify that the OPC can possess and sell solvent-based concentrates to Marijuana Centers and Stores, if and only if, they were derived from failed microbial flower or trim.
It is hard to say whether or not this Redline version of the Rule will change, but historically, the final Redline does not differ much from the final version.
We will keep you posted as new information becomes available on this topic, but it is a solid start to salvaging product that failed microbial testing!
Yours in Compliance,