Section 3796:3-2-06 - Laboratory testing(A) Prior to the sale of any medical marijuana product to a dispensary licensed under Chapter 3796. of the Revised Code, an employee of a licensed testing laboratory shall select a random sample from every lot of medical marijuana products at the facility that is of sufficient quantity to perform the required tests. Every sample shall be tested by a licensed testing laboratory in accordance with the testing standards established for testing laboratories in the rules promulgated pursuant to Chapter 3796. of the Revised Code. At a minimum, a testing laboratory shall test every sample for: (1) Microbial contaminants;(2) Cannabinoid potency including, at minimum:(a) Delta-8-tetrahydrocannabinol; (b) Delta-8-tetrahydrocannabinolic acid; (c) Delta-9-tetrahydrocannabinol; (d) Delta-9-tetrahydrocannabinolic acid; (f) Cannabidiolic acid (CBDA);(g) THC content as defined in rule 3796:1-1-01 of the Administrative Code;(h) Cannabinol (CBN); and(i) Any other cannabinoid determined by the department.(3) If the medical marijuana extract used in the manufacture of the product was not previously tested by a licensed testing laboratory for the following contaminants, the product sample shall also be analyzed for: (b) Heavy metals, including, at a minimum, arsenic, cadmium, lead, and mercury;(c) Pesticide and fertilizer residue; and(d) Residual solvents, if a solvent other than carbon dioxide was used in the extraction process.(B) Prior to the sale of any medical marijuana product to a dispensary licensed under Chapter 3796. of the Revised Code that was manufactured using plant material acquired from a dispensary pursuant to paragraph (B) of rule 3796:3-2-01 of the Administrative Code, an employee of a licensed testing laboratory shall select a random sample from every lot of medical marijuana products at the facility that is of sufficient quantity to perform the required tests. Every sample shall be tested by a licensed testing laboratory in accordance with the testing standards established for testing laboratories in the rules promulgated pursuant to Chapter 3796. of the Revised Code. At a minimum, a testing laboratory shall test every sample for:(1) Microbial contaminants;(2) Cannabinoid potency including, at minimum:(a) Delta-8-tetrahydrocannabinol; (b) Delta-8-tetrahydrocannabinolic acid;(c) Delta-9-tetrahydrocannabinol; (d) Delta-9-tetrahydrocannabinolic acid; (f) Cannabidiolic acid (CBDA);(g) THC content as defined in rule 3796:1-1-01 of the Administrative Code;(h) Cannabinol (CBN); and(i) Any other cannabinoid determined by the department.(4) Heavy metals, including, at a minimum, arsenic, cadmium, lead, and mercury;(5) Pesticide and fertilizer residue; and(6) Residual solvents, if a solvent other than carbon dioxide was used in the extraction process.(C) Prior to the sale of any plant material to a dispensary licensed under Chapter 3796. of the Revised Code, a processor shall verify that the required laboratory tests have been performed on each batch of plant material pursuant to paragraph (A) of rule 3796:2-2-06 of the Administrative Code.(D) A licensed testing laboratory shall submit to the processor a certificate of analysis of every sample of medical marijuana tested by the laboratory in accordance with the rules promulgated pursuant to Chapter 3796. of the Revised Code. A processor shall not sell or otherwise distribute medical marijuana unless the medical marijuana meets the standards set forth by the department and the package or label contains the analysis from a licensed testing laboratory.Ohio Admin. Code 3796:3-2-06
Effective: 5/2/2022
Five Year Review (FYR) Dates: 9/8/2022
Promulgated Under: 119.03
Statutory Authority: ORC 3796.03
Rule Amplifies: ORC 3796.03, ORC 3796.06(D)(1), ORC 3796.06(D)(2), ORC 3796.19(B)(2)
Prior Effective Dates: 09/08/2017