The Oklahoma Medical Marijuana and Patient Protection Act goes into effect Aug. 21, 2019. It’s also known as the Unity Bill. Part of the Act creates a new medical marijuana testing laboratory license, said Tulsa medical marijuana attorney Stephen Cale.
For introductory information on this license, see Part 1.
The following is for educational purposes only, does not contain complete details, and is not legal advice. If you need a commercial medical marijuana license, compliance auditing, or representation in the Oklahoma medical marijuana field, call the Cale Law Office at 918-771-7314. Or contact us through the web.
STATE HEALTH DEPARTMENT MUST CREATE CERTAIN STANDARDS, POLICIES, AND PROCEDURES FOR LABS
Under the Act, the State Health Department must develop standards, policies and procedures as needed for:
1. The cleanliness and orderliness of laboratory premises,
the location of the laboratory in a secure location, and inspection, cleaning and maintenance of any equipment or utensils used for the analysis of test samples;
2. Testing procedures, testing standards for cannabinoid and terpenoid potency and safe levels of contaminants, batch size and remediation procedures;
3. Controlled access areas for storage of medical marijuana and medical marijuana product test samples, waste and reference standards;
4. Records to be retained and computer systems to be utilized by the laboratory;
5. The possession, storage and use by the laboratory of reagents, solutions and reference standards;
6. A certificate of analysis (COA) for each lot of reference standard;
7. The transport and disposal of unused marijuana, marijuana products and waste;
8. The mandatory use by a laboratory of an inventory tracking system to ensure all test batches or samples containing medical marijuana, medical marijuana concentrate or medical marijuana products are identified and tracked from the point they are transferred from a medical marijuana business, a patient or a caregiver through the point of transfer, destruction or disposal.
The inventory tracking system reporting must include the results of any tests that are conducted on medical marijuana, medical marijuana concentrate or medical marijuana product;
9. Standards of performance;
10. The employment of laboratory personnel;
11. A written standard operating procedure manual to be maintained and updated by the laboratory;
12. The successful participation in a Department-approved proficiency testing program in order to obtain and maintain certification;
13. The establishment of, and adherence to, a quality assurance and quality control program to ensure sufficient monitoring of laboratory processes and quality of results reported;
14. The establishment by the laboratory of a system to document the complete chain of custody for samples from receipt through disposal;
15. The establishment by the laboratory of a system to retain and maintain all required records, including business records, and processes to ensure results are reported in a timely and accurate manner; and
16. Any other aspect of laboratory testing of medical marijuana or medical marijuana product deemed necessary by the Department.
OMMA ALLOWED ACCESS TO ALL TESTING REPORTS AND DATA
Under the Oklahoma Medical Marijuana and Patient Protection Act, the lab must “promptly provide” the State Health Department access to test results and data related to tests requested by a marijuana business or patient.
MUST KEEP RECORDS FOR TWO YEARS
The lab must keep records of tests conducted on marijuana or marijuana products for two years.
REQUIRED TESTING CATEGORIES
The testing lab must test marijuana, marijuana concentrate, and marijuana product for the following:
- Microbials;
- Mycotoxins;
- Residual solvents;
- 4. Pesticides;
- Tetrahydrocannabinol (THC) and other cannabinoid potency;
- Terpenoid potency; and
- Heavy metals.
CONTINGENCIES OF LICENSURE
Licensure is contingent upon:
- Successful on-site inspection,
- Successful participation in proficiency testing, and
- Ongoing compliance with the applicable requirements in the Oklahoma Medical Marijuana and Patient Protection Act.
REQUIRED INITIAL AND ANNUAL INSPECTIONS
A medical marijuana testing laboratory must be inspected
prior to initial licensure and annually thereafter by an inspector approved by the Oklahoma Medical Marijuana Authority (OMMA).
MANDATORY ACCREDITATION BY 2020
Starting Jan. 1, 2020 (unless set earlier by the State Health Department), medical marijuana testing laboratory licensure will also be contingent upon:
- Accreditation by the NELAC Institute (TNI), ANSI/ASQ National Accreditation Board or another accrediting body approved by the Department, and
- Any applicable standards as determined by the Department.
WORKING WITH THE CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. 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. If you need representation or consulting in the medical marijuana field, call the Cale Law Office at 918-771-7314. Your initial consultation is free. We also offer compliance auditing services.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He’s not new to cannabis law. He has been serving people with legal needs for 20 years.