Md. Code Regs. 15.01.17.10

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.01.17.10 - Sampling and Testing for THC

A. A licensed grower may request the Department or an authorized agent to collect official samples of hemp for testing under §D of this regulation.

B. Official Sampling Methodology. To ensure a confidence level of 95 percent that no more than 1 percent of the plants in a lot exceeds the acceptable hemp THC level, official samples collected by the Department, or an authorized agent shall be done in accordance with the Department's sampling methodology, which requires that:

(1) Samples shall be collected by the Department or an authorized agent;

(2) Samples selected shall be solely determined by the Department or authorized agent;

(3) Samples shall be from the flowering tops of plants which shall be approximately 5 to 8 inches in length from:

(a) The main stem (that includes the leaves and flowers);

(b) The terminal bud (that occurs at the end of a stem); or

(c) The central cola (cut stem that could develop into a bud);

(4) Samples shall represent a homogeneous composition of the lot being collected, and a minimum of two samples from each lot shall be collected (the number of plants selected for sampling will be dependent on the size of the growing area);

(5) Samples of hemp plant material from one lot may not be commingled with hemp plant material from other lots;

(6) Samples shall be collected during the growing season and before harvest;

(7) When a scheduled sampling occurs, the grower or an authorized grower representative shall be present at the growing site;

(8) The grower shall provide the Department or an authorized agent complete and unrestricted access to all hemp plants and all locations listed in the application;

(9) The grower or authorized agent shall take any other action that the Department deems necessary to ensure that the stated confidence level is met;

(10) If the licensed grower fails to complete the harvest within 30 days, a new sample of the lot shall be collected for testing purposes following the procedures set forth in this regulation;

(11) The Department or authorized agent shall place the composite representative sample in a properly labeled paper bag, seal the bag, and place the following information on the bag or otherwise include it with the sample:

(a) License number;

(b) Name and contact information of the sampling agent;

(c) Name and contact information of the licensee;

(d) Date sample was taken;

(e) Sample identification number for the lot;

(f) Field identification number listed in the application; and

(g) Any other information that may be required by the Department; and

(12) The sample and sampling report shall be hand-delivered or placed in a box, sealed with security tape, and shipped overnight to the Department or authorized laboratory.

C. All hemp samples collected become the property of the Department without cost to it and are nonrefundable.

D. Testing Requirements. The Department or an authorized laboratory shall test hemp for prohibited THC levels by performing a quantitative laboratory determination of the total delta-9 THC concentration on a dry weight basis. In conducting this work, the following standards shall be met:

(1) Laboratory quality assurance shall ensure the quality and validity of the test results and that the testing method used is appropriate;

(2) An appropriate chain of custody shall be maintained at all times;

(3) The official samples shall be dried, the stem and seed shall be separated from floral material and discarded, and the floral material shall be ground;

(4) The ground floral material shall be tested for THC content;

(5) The THC testing procedure shall include a valid testing methodology that uses post-decarboxylation or other similarly reliable methods, including, but not limited to, gas chromatography with flame ionization detection, or liquid chromatography with ultraviolet detection (The testing methodology shall consider the potential conversion of THCA in hemp into THC and the test result shall measure total available THC derived from the sum of the THC and THC-A content. The total THC concentration level shall be determined and reported on a dry weight basis. MU shall be used in determining the range of the result found.); and

(6) A sample test result with a delta-9 THC concentration on a dry weight basis greater than the acceptable hemp THC level is conclusive evidence that the lot represented by the sample contains a delta-9 THC concentration on a dry weight basis of more than 0.3 percent and that the hemp is therefore not in compliance with this chapter.

E. Test Results Report. If an authorized laboratory conducts the testing, the hemp grower shall direct the laboratory to report the test results for all samples tested to the Department and USDA. The test results report shall contain the information below for each sample tested:

(1) Hemp grower's license or authorization identifier;

(2) Name of hemp grower;

(3) Business address of hemp grower;

(4) Lot identification number for the sample;

(5) Name and address of laboratory;

(6) Date of test and report;

(7) Identification of a retest; and

(8) Test result.

Md. Code Regs. 15.01.17.10

Regulation .10 adopted effective 47:21 Md. R. 904, eff. 11/1/2020
Regulation .10 amended effective 50:9 Md. R. 375, eff. 4/16/2023; amended effective 50:15 Md. R.683, eff. 8/7/2023