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States Rights Compete with Federal Will

Just as several governors were talking about how their States were dealing with legalizing marijuana and the market in their own state, the President advocated for maintaining the Justice Department‘s ability to go after medical marijuana.

Legalization shaking out to be a State vs. Federal issue?

While States have taken into their own hands the legalization of cannabis Presidents have a back-door, budgetary method of keep their options open. A rider to the recent budget restricts the Justice Department from using its funds from preventing States from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana. In other words, if a state has legalized cannabis, the Justice Department can’t use its budget to go after legal cannabis businesses in that State.

While the House recently refused to eliminate the rider protecting legalized cannabis, it is clear from other statements made by the President that he is no fan of legalizing marijuana or any leniency at all. The Federal government has always been at odds with State’s rights the question of legalization may be challenging the balance, forcing an Administration that wants control over the issue to use more authoritarian type levers.

BUREAU OF CANNABIS CONTROL, Standard Operating Procedures § 5712. Test Methods

§ 5712. Test Methods

(a) The laboratory shall develop, implement, and validate test methods for the analyses of
samples as required under this division. [Read more…]

BUREAU OF CANNABIS CONTROL Article 4. Standard Operating Procedures § 5711. Laboratory Analyses Standard Operating Procedures

Article 4. Standard Operating Procedures

§ 5711. Laboratory Analyses Standard Operating Procedures

(a) The laboratory shall develop, implement, and maintain written standard operating procedures
(SOP) for the following laboratory processes:
(1) Sample preparation. Sample preparation SOP(s) shall address the following:
(A) Sample homogenization;
(B) Handling and storage;
(C) Preservation; and [Read more…]

BUREAU OF CANNABIS CONTROL § 5710. Laboratory Receipt of Samples Obtained from a Distributor

§ 5710. Laboratory Receipt of Samples Obtained from a Distributor

(a) The laboratory may accept and analyze a sample from a distributor for the required testing
under section 5714 of this division only if there is an accompanying COC form for the sample.
(b) The laboratory shall not analyze a sample obtained from a distributor, and the batch from
which the sample was obtained may not be released for retail sale, if the any of the following
occur: [Read more…]

BUREAU OF CANNABIS CONTROL § 5709. Chain of Custody (COC) Protocol

(a) The laboratory shall develop and implement a COC protocol to ensure accurate
documentation of the transport, handling, storage, and destruction of samples.
(b) The COC protocol shall require the use of a COC form that contains, at minimum, the
following information:
(1) Laboratory’s name, physical address, and license number;
(2) Distributor’s name, physical address, and license number;
(3) Unique sample identifier; [Read more…]

BUREAU OF CANNABIS CONTROL § 5708. Cannabis Product Batch Sampling

§ 5708. Cannabis Product Batch Sampling

(a) The sampler shall collect representative sample from each cannabis product batch.
(b) The sampler may collect a greater number of increments if necessary to perform the required testing or to ensure that the samples obtained are representative. [Read more…]

BUREAU OF CANNABIS CONTROL § 5707. Harvest Batch Sampling

§ 5707. Harvest Batch Sampling

(a) The sampler shall obtain a representative sample from each prepacked or unpacked harvest batch. The representative sample must weigh 0.35% of the total harvest batch weight.
(b) A sampler may collect greater than 0.35% of a prepacked or unpacked harvest batch if necessary to perform the required testing or to ensure that the samples obtained are representative. [Read more…]

BUREAU OF CANNABIS CONTROL § 5706. Sample Field Log

The sampler shall use a sample field log to record the following information for each sampled
batch:
(a) Laboratory’s name, address, and license number;
(b) Sampler’s name(s) and title(s);
(c) Date and time sampling started and ended;
(d) Distributor’s name, address, and license number;
(e) Cultivator’s, manufacturer’s, or microbusiness’ name, address, and license number; [Read more…]

BUREAU OF CANNABIS CONTROL § 5705. General Sampling Requirements

§ 5705. General Sampling Requirements

(a) The laboratory that obtains samples from a distributor shall perform the required testing.
(b) The laboratory may obtain and analyze samples only from batches in final form as required by Business and Professions Code section 26100. [Read more…]

BUREAU OF CANNABIS CONTROL § 5704. Sampling Standard Operating Procedures

§ 5704. Sampling Standard Operating Procedures

(a) The laboratory shall develop and implement a sampling standard operating procedure (SOP)
that describes the laboratory’s method for obtaining representative samples of cannabis and cannabis product.
(b) The sampling SOP shall include the following information:
(1) A procedure for obtaining samples of each matrix type the laboratory samples, and [Read more…]

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