R 1502 – Mandatory Testing

Basis and Purpose

The statutory authority for this rule includes but is not limited to sections 44-12-202(2)(b), 44-12- 202(3)(a)(IV), 44-12-202(3)(a)(VII), 44-12-202(3)(a)(VIII), 44-12-202(3)(a)(X), 44-12-202(3)(a)(XI), 44-12- 202(3)(a)(XII), 44-12-202(3)(c)(III), 44-12-202(3)(c)(VIII), 44-12-202(3)(d)(VI), 44-12-402(4), 44-12-403(4), 44-12-404(3), and 44-12-404(6), 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 the mandatory testing portion of the Division’s Retail Marijuana sampling and testing program.

Mandatory Testing

A. Required Sample Submission.

A Retail Marijuana Establishment may be required by the Division to submit a Sample(s) of Retail Marijuana, Retail Marijuana Concentrate or Retail Marijuana Product it possesses to a Retail Marijuana Testing Facility at any time regardless of whether its process has been validated and without notice.

  1. Samples collected pursuant to this rule may be tested for potency or contaminants which may include, but may not be limited to, Pesticide, microbials, mycotoxn, molds, metals, residual solvents, biological contaminants, and chemical contaminants.
  2. When a Sample(s) is required to be submitted for testing, the Retail Marijuana
    Establishment may not Transfer or process into a Retail Marijuana Concentrate or Retail Marijuana Product any Retail Marijuana, Retail Marijuana Concentrate or Retail Marijuana Product from the Inventory Tracking System package, Harvest Batch or Production Batch from which the Sample was taken, unless or until it passes all required testing.

B. Methods for Determining Required Testing

  1. Random Testing. The Division may require Samples to be submitted for testing through any one or more of the following processes: random process, risk-based process or other internally developed process, regardless of whether a Retail Marijuana Establishment’s process has been validated.
  2. Inspection or Enforcement Tests. In addition, the Division may require a Retail Marijuana Establishment to submit a Sample for testing if the Division has reasonable grounds to believe that:
    1. Retail Marijuana, Retail Marijuana Concentrate or Retail Marijuana Product is contaminated or mislabeled;
    2. A Retail Marijuana Establishment is in violation of any product safety, health or sanitary statute, rule or regulation; or
    3. The results of a test would further an investigation by the Division into a violation of any statute, rule or regulation.
  3. Beta Testing. The Division may require a Retail Marijuana Establishment to submit Samples from certain randomly selected Harvest Batches or Production Batches for potency or contaminant testing prior to implementing mandatory testing.

C. Minimum Testing Standards.

The testing requirements contained in the R 1500 series are the minimum required testing standards. Retail Marijuana Establishments are responsible for ensuring adequate testing on any Retail Marijuana, Retail Marijuana Concentrate, and/or Retail Marijuana Product they produce or Transfer to ensure safety for human consumption.

D. Additional Sample Types.

The Division may also require a Retail Marijuana Establishment to submit Samples comprised of items other than Retail Marijuana, Retail Marijuana Concentrate or
Retail Marijuana Product to be tested for contaminants which may include, but may not be limited to, Pesticide, microbials, molds, metals, residual solvents, biological contaminants, and chemical contaminants.. The following is a non-exhaustive list of the types of Samples that may be required to be submitted for contaminant testing:

  1. Specific Retail Marijuana plant(s) or any portion of a Retail Marijuana plant(s),
  2. Any growing medium, water or other substance used in the cultivation process
  3. Any water, solvent or other substance used in the processing of a Retail Marijuana Concentrate,
  4. Any ingredient or substance used in the manufacturing of a Retail Marijuana Product; or
  5. Swab of any equipment or surface.

E. Violation Affecting Public Safety.

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

Updated on July 21, 2019

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