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4-110 – Sampling Procedures

Basis and Purpose – 4-110

The statutory authority for this rule includes but is not limited to sections 44-10-202(1)(c), 44-10-203(1)(a), 44-10-203(1)(c), 44-10-203(1)(g), 44-10-203(1)(j), 44-10-203(2)(d), 44-10-203(2)(f), 44-10-203(3)(d), 44- 10-203(3)(e), 44-10-501(6), 44-10-502(3), 44-10-503(8), 44-10-504(1)(b), 44-10-504(2), 44-10-601(4), 44-10-602(4), 44-10-603(6), 44-10-604(1)(b), and 44-10-604(2), C.R.S. Authority also exists in the Colorado Constitution at Article XVIII, Subsection 16(5)(a)(VII). The purpose of this rule is to protect the public health and safety by establishing sampling procedures and rules for the Division’s Regulated Marijuana sampling and testing program. This Rule 4-110 was previously Rules M and R 1504, 1 CCR 212-1 and 1 CCR 212-2.

Sampling Procedures

A. Collection of Samples.

1. Sample Collection.

All Samples submitted for testing pursuant to this Rule must be collected by Division representatives or in accordance with the Division’s sampling policy reflected in the marijuana laboratory testing reference library available at the Colorado Department of Public Health and Environment’s website. This reference library may be continuously updated as new materials become available in accordance with section 25- 1.5-106(3.5)(d), C.R.S.

2. Sample Selection

The Division may elect, at its sole direction, to assign Division representatives to collect Samples, or may otherwise direct Sample selection, including, but not limited to, through Division designation of a Harvest Batch or Production Batch in the Inventory Tracking System from which a Regulated Marijuana Business shall select Samples for testing. A Regulated Marijuana Business, its Controlling Beneficial Owners, Passive Beneficial Owners, and employees shall not attempt to influence the Samples selected by Division representatives. If the Division does not select the Harvest Batch or Production Batch to be tested, a Regulated Marijuana Business must collect and submit Sample(s) that are representative of the Harvest Batch or Production Batch being tested

3. Adulteration or Alteration Prohibited

A Licensee or its agent shall not adulterate or alter, or attempt to adulterate or alter, any Samples of Regulated Marijuana for the purpose of circumventing contaminant testing detection limits or potency testing requirements. The Sample(s) collected and submitted for testing must be representative of the Harvest Batch or Production Batch being tested. A violation of this sub-paragraph (A)(3) shall be considered a license violation affecting public safety

4. Timing of Samples

A Licensee shall not collect or submit Samples for testing until the Regulated Marijuana has completed all required steps and is in its final form prior to Transfer to another Regulated Marijuana Business as outlined in the standard operating procedures of the Licensee submitting the Test Batch. This includes the addition of all Ingredients and Additives. This Rule 4-110(A)(4) does not apply for the submission of Samples submitted for R&D testing.

B. Minimum Number of Samples Per Test Batch Submission.

These sampling rules shall apply until such time as the State Licensing Authority revises these rules to implement a statistical sampling model. Each Test Batch of Regulated Marijuana submitted for testing must be comprised of a representative selection of Samples. Unless a greater amount is required to comply with these rules, each Test Batch of Regulated Marijuana must be comprised of at least the following number of separately taken Samples, which may be submitted for testing in all required testing categories:

1. Samples for Test Batches of Regulated Marijuana.

  • For Harvest Batches weighing up to 10 pounds, a minimum of eight separate 0.5 gram Samples must be combined into one 4 gram Sample and submitted as one Test Batch.
  • For Harvest Batches weighing more than 10 pounds but less than 20 pounds, a minimum of 12 separate 0.5 gram Samples must be combined into one 6 gram Sample and submitted as one Test Batch.
  • For Harvest Batches weighing 20 pounds or more but less than 30 pounds, a minimum of 15 separate 0.5 gram Samples must be combined into one 7.5 gram Sample and submitted as one Test Batch.
  • For Harvest Batches weighing 30 pounds or more but less than 40 pounds, a minimum of 18 separate 0.5 gram Samples must be combined into one 9 gram Sample and submitted as one Test Batch.
  • For Harvest Batches or weighing 40 pounds or more but less than 100 pounds, a minimum of 23 separate 0.5 gram Samples must be combined into one 11.5 gram Sample and submitted as one Test Batch.
  • For Harvest Batches weighing 100 pounds or more, a minimum of 29 separate 0.5 gram Samples must be combined into one 14.5 gram Sample and submitted as one Test Batch.

2. Samples for Test Batches of Regulated Marijuana Concentrate.

A Licensee shall submit Samples of Regulated Marijuana Concentrate that has completed all required steps and is in its final form prior to Transfer to another Regulated Marijuana Business as outlined in the standard operating procedures of the Licensee submitting the Test Batch. This includes the addition of all Ingredients and Additives.

  • For Production Batches weighing up to one pound, a minimum of eight separate 0.25 gram Samples must be combined into one 2 gram Sample and submitted as one Test Batch.
  • For Production Batches weighing more than one pound and less than two pounds, a minimum of 12 separate 0.25 gram Samples must be combined into one 3 gram Sample and submitted as one Test Batch.
  • For Production Batches weighing two pounds or more but less than three pounds, a minimum of 15 separate 0.25 gram Samples must be combined into one 3.75 gram Sample and submitted as one Test Batch.
  • For Production Batches weighing three pounds or more but less than four pounds, a minimum of 18 separate 0.25 gram Samples must be combined into one 4.5 gram Sample and submitted as one Test Batch.
  • For Production Batches weighing four pounds or more but less than 10 pounds, a minimum of 23 separate 0.25 gram Samples must be combined into one 5.75 gram Sample and submitted as one Test Batch.
  • For Production Batches weighing 10 pounds or more, a minimum of 29 separate 0.25 gram Samples must be combined into one 7.25 gram Sample and submitted as one Test Batch.

3. Samples for Test Batches of Regulated Marijuana Product.

A Sample of Regulated Marijuana Product must be packaged for sale, including a statement of the Target Potency, prior to Transfer to a Medical Marijuana Testing Facility or a Retail Marijuana Testing Facility. Each such package of Regulated Marijuana Product shall constitute one Sample. If a Retail Marijuana Products Manufacturer intends to Transfer Edible Retail Marijuana Product in bulk to a Retail Marijuana Hospitality and Sales Business a Sample of Edible Retail Marijuana Product shall be a unit not exceeding 100mg of THC, include a statement of the Target Potency, and need not be packaged for sale to a consumer.

  • For Production Batches of up to 100 Samples, a minimum of two separate Samples must be submitted as one Test Batch.
  • For Production Batches of up to 500 Samples, a minimum of four separate Samples must be submitted as one Test Batch.
  • For Production Batches of up to 1000 Samples, a minimum of six separate Samples must be submitted as one Test Batch.
  • For Production Batches of up to 5000 Samples, a minimum of eight separate Samples must be submitted as one Test Batch.
  • For Production Batches of up to 10,000 Samples, a minimum of 10 Samples must be submitted as one Test Batch.
  • For Production Batches of more than 10,000 Samples, a minimum 12 Samples must be submitted as one Test Batch.

C. Medical Marijuana Testing Facility and Retail Marijuana Testing Facility Selection

Unless otherwise restricted or prohibited by these rules or ordered by the State Licensing Authority, a Regulated Marijuana Business may select which Medical Marijuana Testing Facility or Retail Marijuana Testing Facility will test a Sample collected pursuant to this Rule. However, the Division may elect, at is sole discretion, to assign a Medical Marijuana Testing Facility or a Retail Marijuana Testing Facility to which a Regulated Marijuana Business must submit for testing any Sample collected pursuant to this Rule.

D. Industrial Hemp Product Sampling Procedures

Absent sampling and testing standards established by the Colorado Department of Public Health and Environment for the sampling and testing of Industrial Hemp Product, a Person Transferring an Industrial Hemp Product to a Licensee pursuant to the Marijuana Code and these Rules shall comply with the sampling and testing standards set forth in these 4-100 Series Rules – Regulated Marijuana Testing Program and as required by these Rules.

E. Violation Affecting Public Safety

Failure to comply with this Rule may constitute a license violation affecting public safety


*LEGAL DISCLAIMER* 

The above links are provided as a courtesy to assist Medical and Retail Marijuana Business Licensees in complying with the Marijuana Rules, 1 CCR 212-3. These links are provided only as a courtesy, and therefore neither these documents nor the information contained therein shall be represented, relied upon, or referenced, in any manner, as an official legal source.  Official Rules are available on the 
Colorado Secretary of State’s Code of Regulations available on their Administrative Rules of State Agencies webpage.

Updated on May 26, 2020

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