Administrative Order Requiring Licensees to Submit Full Panel Test Sample for Required Compliance Testing | December 17, 2024

Administrative Order Requiring Licensees to Submit Full Panel Test Sample for Required Compliance Testing

G.L. c. 94G, G.L. c. 94I

935 Code Mass. Regs. §§ 500.105, 500.120, 500.130, 500.140, 500.141, 500.146, 500.147, 500.200, 500.160 and

935 Code Mass. Regs. §§ 501.105, 501.120, 501.130, 501.140, 501.141, 501.146, 501.147, 501.200, 500.160

The Cannabis Control Commission, acting through its Acting Executive Director, issues this Administrative Order No. 4 (Administrative Order) to ensure proper testing of Marijuana and Marijuana Products sold or otherwise marketed to Patients and Consumers consistent with its statutory mandate under G.L. c. 94G and G.L. c. 94I, and applicable adult- and medical-use regulations, 935 Code Mass. Regs. (CMR) §§ 500.000 and 501.000.

In compliance with this Administrative Order, licensed Marijuana Establishments and Medical Marijuana Treatment Centers (MTCs) (collectively, “Licensees”), shall submit one (1) Test Sample Package to a single Independent Testing Laboratory for all compliance testing of Adult-use Marijuana and Marijuana Products and Medical-use Marijuana and Marijuana Products (collectively, “Marijuana and Marijuana Products”) in accordance with 935 CMR 500.160, 935 CMR 501.160, and the Protocol for the Sampling and Analysis of Finished Marijuana Products and Marijuana Products for Marijuana Establishments, Medical Marijuana Treatment Centers, and Colocated Marijuana Operations and associated exhibits (collectively, the “Protocol”).

The Commission, acting through its Acting Executive Director, hereby ORDERS as follows:

1. “Originating Independent Testing Laboratory” is the Independent Testing Laboratory that receives a Test Sample Package from a Licensee for compliance panel testing.
2. “Test Sample Package” is a representative sample of Marijuana or Marijuana Products collected by a Licensee to complete all required compliance panel testing in accordance with the Protocol.
3. As of the effective date of this Administrative Order, until its recission or amendment, Licensees shall submit all Marijuana and Marijuana Product Test Sample Packages for all required compliance testing to one (1) Independent Testing Laboratory.
4. The Originating Independent Testing Laboratory may subcontract with another Independent Testing Laboratory to perform compliance testing if the Originating Independent Testing Laboratory is incapable of performing certain required testing, and subject to the following conditions:
   1. Prior to transferring any Test Sample Packages to another Independent Testing Laboratory, the Originating Independent Testing Laboratory must notify the Commission that it is seeking to subcontract certain compliance panel testing by submitting a subcontracting approval form, developed by the Commission, that must specify the contract term, reason(s) for why the Originating Independent Testing Laboratory must subcontract the compliance panel(s), and testing services to be provided by the subcontracted Independent Testing Laboratory;
   2. All subcontracting agreements must be approved by Commission staff before the Originating Independent Testing Laboratory transfers any Test Sample Packages to the subcontracted Independent Testing Laboratory;
   3. The Commission shall only approve subcontracting agreements when the Originating Independent Testing Laboratory is incapable of performing certain required tests due to a hardship relative to its facilities, instrumentation, personnel, or required consumable materials or in the event of an actual or potential conflict of interest;
   4. The Commission’s approval of said subcontracting agreement shall be limited to approval that the Originating Independent Testing Laboratory has met the conditions required pursuant to this Administrative Order, and shall not be considered to be a certification of compliance with any other statutory or regulatory requirements;
   5. The Originating Independent Testing Laboratory may only subcontract with one (1) other Independent Testing Laboratory at a time;
   6. The subcontracted Independent Testing Laboratory must have the capacity to conduct full panel compliance testing required by the Commission;
   7. The Originating Independent Testing Laboratory shall update any Standard Operating Procedures, as applicable, and send to Commission staff within five (5) business days of implementing such procedures; and
   8. The Originating Independent Testing Laboratory shall upload all testing results to the Seed-to-Sale System of Record within 72 hours of receipt of any testing results and ensure that all Certificates of Analysis contain all required testing results, including any testing completed by the subcontracted Independent Testing Laboratory.
5. The Licensee shall not direct the Originating Independent Testing Laboratory to subcontract any required compliance testing. Subcontracting shall only be determined by the Originating Independent Testing Laboratory and subject to Commission approval in accordance with clause a. of paragraph 4 of this Administrative Order.
6. Licensees shall not create multiple Test Sample Packages from the same Marijuana or Marijuana Product source package for compliance testing panels; provided, however, Licensees may create one (1) additional Test Sample Packages per source package for the purposes of Quality Control Samples pursuant to Section 5.4 of the Protocol.
7. Failure to comply with the above conditions may result in disciplinary action against Licensees and its agents up to and including a fine, suspension, and/or revocation of licensure or registration.
8. Nothing herein should be construed as precluding or limiting the Commission’s authority to take additional administrative action to protect the public health, safety, and welfare.
9. The provisions of this Administrative Order as severable. If a court of competent jurisdiction declares any provision to be unconstitutional or invalid, the validity of the remaining provisions shall not be affected.

This Administrative Order No. 4 shall take effect on April 1, 2025, at 12:00 A.M.

This Administrative Order No. 4 shall remain in effect until the date the Commission rescinds or amends this order, whichever occurs first. The Commission may amend or modify this order as applicable to one particular licensee, a group of licensees, or all Commission Licensees. The Commission, in coordination with Metrc, will issue further technical bulletins or guidance documents to clarify required processes through the Seed-to-Sale System of Record.

Questions about this order may be directed in writing to the above address, by phone (744-415-0200) on Monday – Friday from 9:00 A.M. – 5:00 P.M., or by email at Commission@CCCMass.com.

Signed this     17th     day of December 2024.

Commonwealth of Massachusetts Cannabis Control Commission

Debra Hilton-Creek, Acting Executive Director