(a) The laboratory shall be deemed to have successfully participated in a PT program for an analyte tested in a specific method if the test results demonstrate a “satisfactory” or otherwise proficient performance determination by the PT program provider. (b) The laboratory may not report test results for analytes that are deemed by the PT program provider as “unacceptable,” “questionable,” “unsatisfactory”, or otherwise deficient. (c) The laboratory may resume reporting test results for analytes that were deemed “unacceptable,” “questionable,” “unsatisfactory”, or otherwise deficient, only if both of the following conditions are met: (1) The laboratory satisfactorily remedies the cause of the failure for each analyte; and (2) The laboratory submits, to the Bureau, a written report demonstrating how the laboratory has fixed the cause of the failure. Authority: Section 26013, Business and Professions Code. Reference: Sections 26100 and 26110, Business and Professions Code.
BUREAU OF CANNABIS CONTROL;§ 5729. Laboratory Quality Assurance (LQA) Program
(a) The laboratory shall develop and implement a LQA program to assure the reliability and validity of the analytical data produced by the laboratory. The LQA program shall, at minimum, include a written LQA manual that addresses the following: (1) Quality control procedures; (2) Laboratory organization and employee training and responsibilities; (3) LQA objectives for measurement data; (4) Traceability of data and analytical results; (5) Instrument maintenance, calibration procedures, and frequency; (6) Performance and system audits; (7) Steps to change processes when necessary; (8) Record retention; (9) Test procedure standardization; and (10) Method validation. (b) The supervisory or management laboratory employee shall annually review, amend if necessary, and approve the LQA program and manual both when they are created and when there is a change in methods, laboratory equipment, or the supervisory or management laboratory employee. Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104 and 26110, Business and Professions Code.
BUREAU OF CANNABIS CONTROL; Laboratory Testing and Reporting § 5715. Phase-In of Required Laboratory Testing
§ 5715. Phase-In of Required Laboratory Testing
(a) Cannabis and cannabis products shall not be sold or transferred to a retailer, or released for retail sale, unless a representative sample of the cannabis or cannabis product has undergone and passed all testing as required by this section. (b) All cannabis harvested on or after January 1, 2018, and all cannabis products manufactured on or after January 1, 2018, shall be tested for the following analytes, if applicable: (1) Cannabinoids as required in section 5724 of this division; (2) Moisture content as required in section 5717 of this division; (3) Category II Residual Solvents and Processing Chemicals as required in section 5718 of this division; (4) Category I Residual Pesticides as required in section 5719 of this division; (5) Microbial Impurities as required in section 5720 of this division; and (6) Homogeneity as required in section 5716 of this division. (c) In addition to the requirements of subsection (b) of this section, all cannabis harvested on or after July 1, 2018, and all cannabis products manufactured on or after July 1, 2018, shall be tested for the following analytes, if applicable: (1) Category I Residual Solvents and Processing Chemicals as required in section 5718 of this division; (2) Category II Residual Pesticides as required in section 5719 of this division; and (3) Foreign Material as required in section 5722 of this division. (d) In addition to the requirements in subsections (b) and (c) of this section, all cannabis harvested on or after December 31, 2018, and all cannabis products manufactured on or after December 31, 2018, shall be tested for the following analytes, if applicable: (1) Terpenoids as required in section 5725 of this division; (2) Mycotoxins as required in section 5721 of this division; (3) Heavy Metals as required in section 5723 of this division; and (4) Water Activity as required in section 5717 of this division. (e) Licensees may have a sample of cannabis or cannabis products tested for analytes that are not yet required to be tested. However, if the sample fails any additional test(s) not required pursuant to this section on the date of testing, the batch from which the sample was collected fails testing and shall not be released for retail sale. Authority: Section 26013, Business and Professions Code. Reference: Sections 26100 and 26104, Business and Professions Code.
Article 5. Laboratory Testing and Reporting § 5714. Required Testing
Article 5. Laboratory Testing and Reporting § 5714. Required Testing
(a) The laboratory shall test each sample for the following: (1) Cannabinoids; (2) Foreign material; (3) Heavy metals; (4) Microbial impurities; (5) Mycotoxins; (6) Moisture content and water activity; (7) Residual pesticides; (8) Residual solvents and processing chemicals; (9) If applicable, terpenoids; and (10) If applicable, homogeneity. (b) The laboratory shall report the results of each analysis performed by the laboratory on the certificate of analysis. Authority: Section 26013, Business and Professions Code. Reference: Sections 26100, 26104 and 26110, Business and Professions Code.
Cannabis goods that do not meet all statutory and regulatory requirements must be destroyed
The transition period in the licensing authorities’ regulations allowing exceptions from specific regulatory provisions ends on June 30, 2018. Beginning July 1, 2018, cannabis goods must meet all statutory and regulatory requirements. Cannabis goods that do not meet all statutory and regulatory
requirements must be destroyed in accordance with the rules pertaining to destruction.
LABORATORY TESTING REQUIREMENTS
Beginning July 1, 2018, a licensee may only sell cannabis goods that have been tested and passed all testing requirements in effect at the time of testing.
Untested cannabis goods cannot be sold by a retailer and must be destroyed. A retailer may not send cannabis goods to a distributor for testing.
Untested cannabis goods manufactured or harvested before January 1, 2018, in possession of a distributor that are owned by the distributor must be destroyed.
Untested cannabis goods manufactured or harvested before January 1, 2018, in the possession of a distributor owned by a manufacturer or cultivator may be returned to the licensee who owns the cannabis goods. If a cultivator or manufacturer chooses to sell the returned cannabis goods, the cannabis goods must be sent to a distributor for testing and must meet all of the testing requirements in effect at the time of testing
before transported to a retailer for sale.
PACKAGING AND LABELING REQUIREMENTS
Beginning July 1, 2018, all packaging and labeling must be performed prior to cannabis goods being transported to a retailer.
A retailer shall not accept cannabis goods that are not properly packaged and labeled. A retailer shall not package or label cannabis goods, even
if the cannabis goods were in inventory before July 1, 2018. However, for medicinal sales, retailers will place a sticker on cannabis goods stating,
“FOR MEDICAL USE ONLY” upon sale to a qualified medicinal consumer, unless the statement is already printed on the package.
A retailer may not send unpackaged cannabis goods to another licensee for packaging or labeling. Cannabis goods in possession of a retailer that do not meet packaging and labeling requirements must be destroyed.
Exit packaging is not required to be child-resistant and can no longer be used to satisfy the childresistant packaging requirements. All cannabis
goods must be in child-resistant packaging prior to delivery to a retailer.
THC LIMITS FOR EDIBLE CANNABIS PRODUCTS
Beginning July 1, 2018, edible cannabis goods may not exceed 10 milligrams of THC per serving and may not exceed 100 milligrams of THC per package.
THC LIMITS FOR NON-EDIBLE CANNABIS PRODUCTS
Beginning July 1, 2018, non-edible cannabis products must meet package THC restrictions.
Non-edible cannabis products shall not contain more than 1,000 milligrams of THC per package if intended for sale only in the adult-use market.
Non-edible cannabis products shall not contain more than 2,000 milligrams of THC per package if intended for sale only in the medicinal market.
INGREDIENTS AND APPEARANCE OF CANNABIS PRODUCTS
Beginning July 1, 2018, a retailer may only sell cannabis products that meet the requirements set by the California Department of Public Health for
ingredients or appearance.
Transition Period Requirements
Transition Period Requirements
The transition period in the licensing authorities’ regulations allowing exceptions from specific regulatory provisions ends on June 30, 2018. Beginning July 1, 2018, cannabis goods must meet all statutory and regulatory requirements. Cannabis goods that do not meet all statutory and regulatory requirements must be destroyed in accordance with the rules pertaining to destruction.
LABORATORY TESTING REQUIREMENTS:
Beginning July 1, 2018, a licensee may only sell cannabis goods that have been tested and passed all testing requirements in effect at the time of testing.
- Untested cannabis goods cannot be sold by a retailer and must be destroyed. A retailer may not send cannabis goods to a distributor for testing.
- Untested cannabis goods manufactured or harvested before January 1, 2018, in possession of a distributor that are owned by the distributor must be destroyed.
- Untested cannabis goods manufactured or harvested before January 1, 2018, in the possession of a distributor owned by a manufacturer or cultivator may be returned to the licensee who owns the cannabis goods. If a cultivator or manufacturer chooses to sell the returned cannabis goods, the cannabis goods must be sent to a distributor for testing and must meet all of the testing requirements in effect at the time of testing before transported to a retailer for sale.
PACKAGING AND LABELING REQUIREMENTS:
Beginning July 1, 2018, all packaging and labeling must be performed prior to cannabis goods being transported to a retailer.
- A retailer shall not accept cannabis goods that are not properly packaged and labeled. A retailer shall not package or label cannabis goods, even if the cannabis goods were in inventory before July 1, 2018. However, for medicinal sales, retailers will place a sticker on cannabis goods stating, “FOR MEDICAL USE ONLY” upon sale to a qualified medicinal consumer, unless the statement is already printed on the package.
- A retailer may not send unpackaged cannabis goods to another licensee for packaging or labeling. Cannabis goods in possession of a retailer that do not meet packaging and labeling requirements must be destroyed.
- Exit packaging is not required to be child-resistant and can no longer be used to satisfy the child-resistant packaging requirements. All cannabis goods must be in child-resistant packaging prior to delivery to a retailer.
THC LIMITS FOR EDIBLE CANNABIS PRODUCTS:
Beginning July 1, 2018, edible cannabis goods may not exceed 10 milligrams of THC per serving and may not exceed 100 milligrams of THC per package.
THC LIMITS FOR NON-EDIBLE CANNABIS PRODUCTS:
Beginning July 1, 2018, non-edible cannabis products must meet package THC restrictions.
- Non-edible cannabis products shall not contain more than 1,000 milligrams of THC per package if intended for sale only in the adult-use market.
- Non-edible cannabis products shall not contain more than 2,000 milligrams of THC per package if intended for sale only in the medicinal market.
INGREDIENTS AND APPEARANCE OF CANNABIS PRODUCTS:
Beginning July 1, 2018, a retailer may only sell cannabis products that meet the requirements set by the California Department of Public Health for ingredients or appearance.
For additional information about the transition period requirements, or to subscribe to email alerts to hear about updates as they become available, please visit the Bureau’s website at http://www.bcc.ca.gov/. For information on all three state licensing authorities, please visit the state’s California Cannabis Portal at https://cannabis.ca.gov/. Follow the Bureau on Facebook, Twitter and Instagram for daily news and updates.
Those looking to get in touch with the Bureau of Cannabis Control can call our Call Center at (833) 768-5880, or send an email to bcc@dca.ca.gov.