This week, the MED made some very important announcements surrounding testing requirements for medical concentrates and infused products. While testing for these product categories was supposed to commence some time ago, it look longer than anticipated to complete proficiency testing at the labs. However, proficiency testing for these categories is now complete, so it’s time to get ready for some changes!
In Industry Bulletin 17-08, the MED indicates that potency testing for medical concentrates and infused products is required for all production batches created on or after November 1, 2017. Batches produced prior to this date are not subject to these requirements. The bulletin is also abundantly clear that these changes are a matter of public safety, so failure to comply may result in the most severe penalties.
Please keep in mind that these new testing requirements are going to be rather costly for medical MIPs. As such, we wouldn’t be surprised to see medical concentrate/infused product prices go up as testing costs are built into pricing.
For our dispensary readers: Beginning November 1, be sure to monitor labels closely. If you see a production batch dated on or after 11/1 but there is no potency data, do not accept the transfer. We also recommend reaching out to your suppliers to make sure they are taking steps proactive to comply with these new requirements.
For our MIP readers: We strongly recommend you reach out to your lab ASAP to ensure they can accommodate the new volume of testing coming down the pipeline. It might also be wise to develop a relationship with a back up lab so that you have options in the event your lab is overrun with samples.
Also, we strongly recommend you schedule a time to review how Complia can help you track your potency and contaminant testing. Complia’s test data manager is the easiest way to track all of your data, and our proprietary analytics help you determine if you’re in compliance with MED regulations such as process validation. Medical edibles with 100mg or less of THC qualify for potency process validation which could mean HUGE savings for your business. Drop us a line today if you’d like to see Complia in action – firstname.lastname@example.org.
Yours in Compliance,
Alex @ Complia
October 2, 2017 INDUSTRY‐WIDE BULLETIN: 17‐08 RE: MANDATORY MEDICAL MARIJUANA CONCENTRATE AND MARIJUANA‐INFUSED PRODUCT POTENCY TESTING REQUIRED STARTING NOVEMBER 1, 2017 Dear Marijuana Industry Stakeholders: Proficiency testing has been established in the categories of concentrate and marijuana‐infused product potency for all licensed Retail and Medical Marijuana Testing Facilities that are certified to test in this category1 . To view which Testing Facilities have been certified in potency testing, please visit this webpagehttps://www.colorado.gov/pacific/enforcement/med‐licensed‐ facilities. Pursuant to 12‐43.3‐202(2.5)(c) Colorado Revised Statutes (C.R.S.), with proficiency testing for potency now established for concentrate and marijuana‐infused product, the Marijuana Enforcement Division is implementing expanded mandatory Medical Marijuana potency testing beginning Wednesday, November 1, 2017. On this date, all Medical Marijuana Optional Premises Cultivations and Medical Marijuana‐Infused Products Manufacturers are required to comply with rule M 1503(C) & (D). This rule states: C. Potency Testing for Medical Marijuana Concentrate. An Optional Premises Cultivation Operation or Medical Marijuana‐Infused Products Manufacturer must have a potency test conducted by a Medical Marijuana Testing Facility on every Production Batch of Medical Marijuana Concentrate that it produces prior to wholesaling, transferring or processing into a Medical Marijuana‐ Infused Product any of the Medical Marijuana Concentrate from that Production Batch. D. Potency Testing for Medical Marijuana‐Infused Product 1. Potency Testing Required for Medical Marijuana‐Marijuana Infused Product. A Medical Marijuana‐Infused Products Manufacturer shall have potency tests conducted by a Medical Marijuana Testing Facility on every Production Batch of Medical Marijuana Infused‐Product that it produces prior to transferring or wholesaling any of the Medical Marijuana‐Infused Product from that Production Batch 1 For additional information on Medical Marijuana Flower Potency Testing, please see Industry Bulletin 16‐13 “Updated Proficiency Testing Established for Flower Potency, & Mandatory Medical Marijuana Flower Potency Testing Required Starting November 1, 2016” 2. Required Tests. Potency tests conducted on Medical Marijuana‐Infused Product must determine the level of concentration of the required cannabinoids and whether or not THC is homogeneously distributed throughout the product. 3. Partially Infused Medical Marijuana‐Infused Products. If only a portion of a Medical Marijuana‐Infused Product is infused with Medical Marijuana, then the Medical Marijuana‐Infused Products Manufacturer must inform the Medical Marijuana Testing Facility of exactly which portions of the Medical Marijuana‐Infused Product are infused and which portions are not infused. Mandatory testing of Medical Marijuana Concentrate and Medical Marijuana‐Infused Product potency applies to all Production Batches created on or after November 1, 2017. Production Batches created prior to November 1, 2017are not subject to potency testing requirements. Medical Marijuana Businesses should check the date of production on the label of the Medical Marijuana Concentrate or Medical Marijuana‐Infused Product prior to accepting transfers to determine if potency testing was required. Mandatory Medical Marijuana potency testing is a matter of public health and safety and full compliance is expected by Wednesday, November 1, 2017. Please review the M 1500 series of rules in 1 CCR 212‐1 for all requirements related to Medical Marijuana potency testing. All currently effective Medical Marijuana rules can be accessed on the Colorado Secretary of State’s website at: http://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=6820 . Sincerely, James Burack Director Marijuana Enforcement Division