New OMMA rules that went into effect Sept. 11, 2020, affect test collection methods and define “samplers,” said Tulsa medical marijuana attorney Stephen Cale.
The following is for information purposes only and is not legal advice. The information does not represent all of the regulations that may apply. If you need an attorney, contact the Cale Law Office at 918-771-7314 or via the web.
The new rules came about as a result of public hearings and comments earlier this year. A major component of the new rules includes remediation, retesting and test collection methods. Read more on marijuana remediation and retesting.
SAMPLERS DEFINED
Under the new rules, persons collecting samples for testing are called “Samplers.” They can be employed by, or an owner of a
licensed laboratory, grower, or processor. But, they have to be authorized by that employer to collect samples in accordance with the testing laboratory’s standard operating procedures and OMMA rules.
Samplers must:
- Follow the approved sampling policies and procedures of the laboratory that will be testing the samples collected. They must have access to a copy of the laboratory’s standard operating procedures while they are collecting the samples; and
- Follow inventory manifest requirements set forth in OMMA rules.
Additionally, samplers must collect samples at the location of the grower or processor.
TRANSPORTATION REQUIREMENTS FOR TESTING SAMPLES
A medical marijuana testing laboratory must either use a licensed commercial transporter to transport samples or obtain a commercial transporter license to transport samples from the grower or processor to the laboratory.
Also, all commercial transporters, growers, or processors transporting samples to a laboratory cannot store samples at any location other than the laboratory facility. Further, all samples must be delivered the day of collection.
“FINAL FORM” BATCHES
The testing samples can only be collected from harvest batches and production batches in final form. Under the rules, “final form” means the form medical marijuana or a medical marijuana product is in when sold or transferred.
PRIMARY AND RESERVE SAMPLES
Additionally, the sampler must collect both a primary sample and a reserve sample from each harvest batch and production batch. The primary sample and reserve sample must be stored and analyzed separately. The reserve sample is used for quality control purposes only.
PRESERVATION AND STORAGE OF TESTING SAMPLES
Samples must be transported and later stored at the testing lab in a manner that prevents degradation, contamination, and tampering. Notably, ff the medical marijuana or medical marijuana product specifies on the label how the product must be stored, the lab must store the sample as indicated on the label.
SAMPLER FIELD LOG
The sampler must use a sample field log to record the following information for each sampled batch:
- Laboratory’s name, address, and license number;
- Sampler’s name(s) and title(s) and the names of others onsite;
- Date and time sampling started and ended;
- Grower’s or processor’s name, address, and license number;
- Batch number of the batch from which the sample was taken;
- Sample matrix;
- Total batch size, by weight or unit count;
- Total weight or unit count of the primary sample;
- Total weight or unit count of the reserve sample;
- The unique sample identification number for each sample;
- Name, business address, and license number of the person who
- transports the samples to the lab;
- Requested analyses;
- Sampling conditions, including temperature;
- Problems encountered and corrective actions taken during the
- sampling process, if any; and
- Any other observations from sampling, including major inconsistencies in the medical marijuana color, size, or smell.
SAMPLE TRACKING BY THE LAB
The testing lab must maintain inventory manifest documentation and use an electronic inventory management system that meets the requirements set forth in OMMA rules for each sample that the lab collects, transports, and analyzes.
WORKING WITH 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 is the founder of Cale Law Office, located in Tulsa, Oklahoma. He has been serving people with legal needs for more than 21 years. 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.