Oklahoma medical marijuana growers and processors must now use an OMMA-licensed lab for testing, said Tulsa medical marijuana attorney Stephen Cale. The mandate went into effect July 1, 2020.
The following is for informational purposes only and is not legal advice.
WHAT’S NEW
Testing became mandatory with emergency regulations that went into effect December 20, 2018. However, testing facilities were not licensed by the Oklahoma Medical Marijuana Authority (OMMA), Cale said.
In 2019, the Oklahoma Legislature created a medical marijuana testing laboratory license as a category of medical marijuana business licenses.
HARVEST AND PRODUCTION BATCHES
For growers, testing samples are taken from what the OMMA calls “harvest batches.” For processors, testing samples are taken from product lots called “production batches.”
TESTING CATEGORIES
Rules governing Oklahoma’s medical marijuana program require marijuana growers and processors to test their marijuana or marijuana products before sale or transfer, said Tulsa medical marijuana attorney Stephen Cale. Tests look for:
- Microbials
- Mycotoxins
- Residual solvents
- Pesticides
- THC and cannabinoid potency
- Terpenoid potency,
- Heavy metals, and
- Contaminants and filth.
MICROBIAL TESTING
All harvest batch and production samples must be tested for bacteria and fungus count, said Tulsa medical marijuana attorney Stephen Cale. A sample passes testing if less than one colony forming unit (CFU) per gram of tested material is present for E. coli, Salmonella species, or Staphylogcoccus aureus.
Also, samples must be tested for the presence of yeast and molds. A sample passes testing if less than 10,000 CFU per gram is present.
MYCOTOXIN TESTING
Mycotoxins are toxic compounds naturally produced by certain types of molds. Production batch samples of marijuana concentrate must be tested for aflatoxins (B1, B2, G1, and G2) and Ochratoxin A. The total of aflatoxins B1, B2, G1, and G2, and the level of ochratoxin A cannot exceed 20 parts per billion (ppb).
RESIDUAL SOLVENTS AND CHEMICAL RESIDUE THRESHOLDS
Production batch samples must be tested for the following solvents:
- Acetone – less than 1,000 parts per million (ppm)
- Benzene – less than 2 ppm
- Butanes/ Heptanes – less than 1,000 ppm
- Hexane – less than 60 ppm
- Isopropyl Alcohol – less than 1,000 ppm
- Pentane – less than 1,000 ppm
- Propane – less than 1,000 ppm
- Toluene – less than 180 ppm
- Total Xylenes (m, p, o-xylenes) – less than 430 ppm
PESTICIDE THRESHOLDS
Samples from a grower’s harvest batch must test for the following and cannot exceed the following thresholds:
- Spiromesifen 0.5 ppm
- Spirotetramat 0.5 ppm
- Tebuconazole 0.5 ppm
- Eoxazole 0.5 ppm
- Imazalil 0.5 ppm
- Imidacloprid 0.5 ppm
- Malathion 0.5 ppm
- Myclobutanil 0.5 ppm
- Azoxystrobin 0.5 ppm
- Bifenazate 0.5 ppm
- Abamectin (Avermectins: B1a & B1b) 0.5 ppm
- Permethrin (mix of isomers) 0.5 ppm
- Spinosad (Mixture of A and D) 0.5 ppm
HEAVY METALS THRESHOLDS
Growers and processors must test their batches for heavy metals, including lead, arsenic, cadmium, and mercury. According to OMMA rules, the thresholds are:
- Lead – max limit 1 ppm
- Arsenic – max limit 0.4 ppm
- Cadmium – max limit 0.4 ppm
- Mercury – max limit 0.2 ppm
CONTAMINANTS AND FILTH
Under OMMA rules, growers and processors must inspect all medical marijuana and medical marijuana products for contaminants and filth.
Contaminants include any biological or chemical agent, foreign matter, or other substances not intentionally added to medical marijuana or medical marijuana products that may compromise safety or suitability.
Also, under OMMA rules, there cannot be any visual evidence of mammalian excreta (rodent fecal matter), bugs, animal parts, or any other material not intentionally added.
WHAT HAPPENS WHEN THERE’S A FAILED TEST
Under current regulations, growers and processors cannot sell or otherwise transfer their marijuana or products if the batch does not pass the test, Tulsa medical marijuana attorney Stephen Cale said. Instead, they must dispose of marijuana or marijuana products according to law, such as using a licensed marijuana waste facility.
WORKING WITH THE 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 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, an Oklahoma medical marijuana patient union and trade association.