Overview of Testing Requirements in Oregon
For All Medical Registrants and Retail Licensees
All marijuana items must be sampled according to
ORELAP sampling protocols and tested according to OAR 333-007-0300 to 333-007-0500 and OAR 333-064-0100 to 333-064-0130.
The Oregon Health Authority (OHA) is responsible for
Cannabis testing rules that apply to both the medical and retail market. Any marijuana or marijuana product intended to be sold at a dispensary or retail shop must have been sampled and tested according to the testing rules.
Any laboratory that tests marijuana items must be accredited by
ORELAP and licensed by
OLCC. Only
accredited and licensed laboratories may sample and test marijuana items.
All marijuana items transferred or sold to a dispensary or retail shop must be accompanied by documentation of passing test results.
Control Study Information.
If a processor or processing site does not have a certified control study it must have the cannabinoid concentrate, extract or product sampled in accordance with
Exhibit B, Tables 5 and 6 (pdf) and the sample increments must be prepared and analyzed separately.
Laboratory Reporting Requirements.
TEST FAILED PRODUCT TYPE ACTION
Microbiological Usable marijuana
If the processing method can effectively sterilize the batch, it may either:
- Be used to make a concentrate or extract; OR
- The batch must be destroyed.*
If batch is made into a concentrate or extract, it must be tested for microbiological contaminants, solvents and pesticides.
Concentrate or extract
- Batch may be further processed.
- After further processing, batch must be retested for microbiological contaminants, solvents and pesticides.
- If batch fails retesting, the batch must be destroyed.*
All other products
Solvent Extract
- Batch may be remediated.
- A remediated batch must be retested for pesticides, solvents and potency.
- A batch that fails solvent testing that is not remediated, or if remediated fails testing, must be destroyed.*
Water activity or moisture content Usable marijuana Batch may either:
- Be used to make a concentrate or extract; OR
- Undergo additional drying or curing and be resampled and retested.
Pesticides Usable marijuana
- Must be destroyed*; OR
- If only the analytes piperonyl butoxide or pyrethrins are found and the Oregon Department of Agriculture determines that the pesticide products used were listed on the Department’s Guide list for Pesticides and Cannabis and the product was applied in accordance with the label, the Authority or the Commission may permit the producer or grower to remediate the usable marijuana using procedures that would reduce the concentration of pesticides to less than the action level. A batch of usable marijuana that is permitted to be remediated must be re-sampled and re-tested for pesticides.**
Concentrate or extract
- If all useable marijuana used to make the concentrate or extract passed pesticide testing, a process lot of concentrates or extracts that is permitted to be remediated must be re-sampled and re-tested for pesticides.**
Potency All products
- Product may be repackaged to meet concentration levels outlined in rule. A repackaged item must be resampled and retested
*Notification of product destruction
- If a batch fails testing, it may not be destroyed without obtaining permission from the overseeing state agency.
- The OMMP may be contacted at: OMMP.labs@state.or.us.
- A medical marijuana registrant that fails to comply with any of the testing rules will be subject to enforcements action which may include civil penalties or having their registration suspended or revoked.
- For more information regarding failed tests by an OLCC licensee contact OLCC at: marijuana@oregon.gov
**Remediation of marijuana items
After attempting remediation, the batch or process lot must be re-sampled and re-tested for pesticides. If the batch or process lot fails for pesticides again then it must be destroyed as ordered by OMMP or OLCC. Remediation of usable marijuana on failed pesticide tests is only available for batches that only failed for exceeding action levels on piperonyl butoxide or pyrethrins.
Notification of Reanalysis or Retesting of a Failed Sample Form (pdf). A copy of the reanalysis results must also be submitted to OMMP once received from the testing laboratory.
- If the reanalysis results in another fail, all associated batches must be held for destruction.
- If the reanalysis results in a pass, then another laboratory must resample and retest the item to determine if the product is a pass or a fail.
Retesting
The grower or processor must notify OMMP that they are pursuing a retest. The same
Notification of Reanalysis or Retesting of a Failed Sample Form (pdf) may be used. A copy of the retesting results must also be submitted to OMMP once received from the testing laboratory.
- A fail on a retest means the item must be held for destruction.
- A pass on a retest means the item may be transferred.
If a batch fails testing, it may not be destroyed without first obtaining permission from OMMP.
The form and copy of the test results may be sent to:
ommp.labs@state.or.us.