The MED Industry Bulletin hot streak continues!  In just the last few weeks, the MED has issued bulletins on Transporters and digital records.  This week’s hot topic is failed microbial tests and remediation.  These regulations allow cultivators to potentially salvage marijuana that’s failed microbial testing, so if you operate an OPC, this is an essential tool in your toolkit.  The industry bulletin clarifies some important protocols that must be followed.  Here’s the breakdown:

  • If a test batch of Retail Marijuana fails a microbial test, create two new Test Batches from the original batch.
  • Send the samples out for testing.  Feel free to use the lab or labs of your choice.
  • If both tests pass, you’re off the hook and the product is released.
  • If one or both tests fail, you have the option of destroying the product or sending it to a MIP for processing/remediation.
  • If you decide to go the remediation route, the failed marijuana must be processed into a solvent based concentrate.
  • At the time of processing, only the failed marijuana may be included in the batch.  In other words, you cannot include marijuana from other batches as part of the run.
  • Once processing is complete, the batch must be tested for all applicable contaminants.  If the batch fails testing, it must be destroyed.

This new protocol is a godsend for cultivators who have been struggling with microbial issues.  However, the devil is in the details, so be sure to follow the MED’s guidance closely if you choose to take advantage of this.

We’ve heard rumors that many MIPs are hesitant to accept contaminated product for fear of contaminating equipment or other product in the facility.  As such, even if you don’t have any microbial issues today, we strongly suggest you identify a few potential MIPs that would be willing to work with you if you run into issues down the road.  We expect remediation services to be pricey given some of these risks and unknowns, but it sure beats destroying your crop.

 

Yours in Compliance,

Alex

marijuana compliance expert