Maine Revised Statutes

§2445. Independent testing and certification program

Beginning February 1, 2018, the state licensing authority shall establish an independent testing and certification program for retail marijuana and retail marijuana products. Except as otherwise provided in this section, the program must require a retail marijuana licensee, prior to selling or furnishing retail marijuana or a retail marijuana product to a consumer or to another licensee, to submit the marijuana or marijuana product to a retail marijuana testing facility for testing pursuant to this section to ensure that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required and to ensure correct labeling. The Commissioner of Agriculture, Conservation and Forestry shall adopt rules identifying the types of contaminants that are injurious to health for which marijuana and marijuana products must be tested under this section and the maximum level of allowable contamination for each contaminant. [2017, c. 309, §6 (AMD).]

1. Mandatory testing.  A retail marijuana licensee may not sell or furnish retail marijuana or a retail marijuana product to a consumer or to another licensee under this chapter unless the marijuana or marijuana product has been tested pursuant to this section and rules adopted pursuant to this section and that mandatory testing has demonstrated that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required. Mandatory testing of retail marijuana and retail marijuana products under this section must include, but is not limited to, testing for residual solvents, poisons and toxins; harmful chemicals; dangerous molds and mildew; harmful microbes, including, but not limited to, Escherichia coli and salmonella; pesticides, fungicides and insecticides; and THC potency, homogeneity and cannabinoid profiles for correct labeling. The Commissioner of Agriculture, Conservation and Forestry shall establish by rule processes, protocols and standards for mandatory and other testing of marijuana and marijuana products that conform with the best practices generally used within the marijuana testing industry.
[ 2017, c. 309, §6 (AMD) .]
2. Notification requirements.   If the results of a mandatory test required under subsection 1 indicate that the tested marijuana or marijuana product exceeds the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required, the testing facility shall immediately quarantine, document and properly destroy the marijuana or marijuana product, except when the owner of the tested marijuana or marijuana product has successfully undertaken remediation and retesting. If the results of a mandatory test indicate that the tested marijuana or marijuana product exceeds the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required, the testing facility shall within 30 days of completing the test notify the Department of Agriculture, Conservation and Forestry of the test results. A testing facility is not required to notify the Department of Agriculture, Conservation and Forestry of the results of any test:
A. Conducted on marijuana or a marijuana product at the direction of a retail marijuana licensee pursuant to subsection 1 that demonstrates that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required; [2017, c. 309, §6 (NEW).]
B. Conducted on marijuana or a marijuana product at the direction of a retail marijuana licensee for research and development purposes only, as long as the licensee notifies the testing facility prior to the performance of the test that the testing is for research and development purposes only; [2017, c. 309, §6 (NEW).]
C. Conducted on a substance that is not marijuana or a marijuana product at the direction of any person; or [2017, c. 309, §6 (NEW).]
D. Conducted on marijuana or a marijuana product at the direction of any person who is not a retail marijuana licensee. [2017, c. 309, §6 (NEW).]
[ 2017, c. 309, §6 (AMD) .]
3. THC potency.
[ 2017, c. 309, §6 (RP) .]
4. Sampling.   If a test to be performed by a retail marijuana testing facility is a mandatory test required under subsection 1, an employee or designee of the testing facility must perform the sampling required for the test. If a test to be performed by a retail marijuana testing facility is not a mandatory test, the owner of the marijuana or marijuana product may perform the sampling required for the test.
[ 2017, c. 309, §6 (NEW) .]
5. Additional testing not required.   A retail marijuana licensee may sell or furnish to a consumer or to another licensee retail marijuana or a retail marijuana product that the retail marijuana licensee has not submitted for testing pursuant to this section if:
A. The marijuana or marijuana product has previously been tested pursuant to this section by another retail marijuana licensee and that testing demonstrated that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required; [2017, c. 309, §6 (NEW).]
B. The mandatory testing process and the test results for the marijuana or marijuana product under paragraph A are documented in accordance with the requirements of this chapter and all applicable rules adopted pursuant to this chapter; and [2017, c. 309, §6 (NEW).]
C. Tracking from seed or immature plant to retail sale has been maintained for the marijuana or marijuana product and transfers of the marijuana or marijuana product to a consumer or another licensee can be easily identified. [2017, c. 309, §6 (NEW).]
[ 2017, c. 309, §6 (NEW) .]

The establishment of an independent testing and certification program in accordance with this section does not affect the adoption of rules under section 2444, subsection 2 or the cultivation, production and sale of retail marijuana and retail marijuana products in accordance with the requirements of this chapter. [2017, c. 309, §6 (AMD).]

SECTION HISTORY
IB 2015, c. 5, §1 (NEW). 2017, c. 1, §7 (AMD). 2017, c. 278, §5 (AMD). 2017, c. 309, §6 (AMD).