Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 1 - Adult Use Marijuana Program Rule › Section 691-1-7 - Testing

Current through 2024-29, July 17, 2024
A licensee may not sell or transfer adult use cannabis or an
				  adult use cannabis product to a cannabis store licensee for sale to a consumer
				  under 28-B MRS, chapter 1 and this Rule unless the cannabis or cannabis product
				  has been tested pursuant to this Rule and 18-691 CMR, Ch. 5, and mandatory
				  testing has demonstrated that the cannabis or cannabis product does not exceed
				  the maximum level of allowable contamination for any contaminant that is
				  injurious to health and for which testing is required. The Department may
				  temporarily waive mandatory testing requirements under this section for any
				  contaminant or factor for which the Department has determined that there exists
				  no licensed testing facility in the State capable of and certified to perform
				  such testing.
7.1
Commencement
				of Mandatory Testing.
The Department will not be requiring mandatory testing for
				  pesticides (insecticides, fungicides, herbicides, acaricides, plant growth
				  regulators, disinfectants, etc.) until December 2022. The Department may, at
				  any time, require immediate mandatory testing for any analyte required by this
				  Rule or any other analyte reasonably suspected to be a health hazard or safety
				  threat, to ensure public health and safety.
7.2
Mandatory Testing and Additional
				Analysis.
A. The following tests are
				mandatory for all cannabis or cannabis products, except seedlings, immature
				cannabis plants and seeds, in final form prior to being sold to a cannabis
				store for sale to a consumer in accordance with this section. A licensee may
				choose whether to conduct some tests, as indicated below, before the cannabis
				or cannabis product is in its final form, however, the licensee that transfers
				cannabis or cannabis products to a cannabis store for sale to a consumer shall
				ensure that every required test is conducted in accordance with this section
				prior to transfer to the cannabis store licensee. The following tests are
				mandatory for all cannabis and cannabis products:
(1)
Filth and foreign material.
Any visible contaminant, including without limitation, hair, insects, feces,
				mold, sand, soil, cinders, dirt, packaging contaminants and manufacturing waste
				and byproducts.
(2)
Residual
				solvents, poisons and toxins.
Acetone, acetonitrile, butane, ethanol,
				ethyl acetate, ethyl ether, heptane, hexane, isopropyl alcohol, methanol,
				pentane, propane, toluene, total xylenes (m, p, o-xylenes), 1,2-dichloroethane,
				benzene, chloroform, ethylene oxide, methylene chloride, trichloroethylene and
				any others used. A licensee is not required to analyze for residual solvents
				and processing chemicals in dried flower, kief, hashish or cannabis products
				manufactured without chemical solvents. A licensee is not required to analyze
				an orally-consumed tincture containing alcohol for residual ethanol. A licensee
				is not required to test a cannabis product for residual solvents, poisons and
				toxins if all cannabis concentrate used to make the cannabis product has
				previously passed mandatory testing for residual solvents.
(3)
Pesticides (insecticides,
				fungicides, herbicides, acaricides, plant growth regulators, disinfectants,
				etc.)
Pesticides listed in Table 6.8-A of the
Rules for
				Certification of Cannabis Testing Facilities
, 18-691 CMR, ch. 5. A
				licensee is not required to test a cannabis concentrate or a cannabis product
				for pesticides, fungicides, insecticides and growth regulators if all cannabis
				flower and/or trim used to make the cannabis concentrate or cannabis product
				has previously passed mandatory testing for pesticides, fungicides,
				insecticides and growth regulators.
(4)
Other harmful chemicals
				(Metals).
Cadmium (Cd), lead (Pb), arsenic (As), mercury (Hg). A
				licensee is not required to test a cannabis product for the other harmful
				chemicals listed herein if the cannabis concentrate used to make the cannabis
				product has previously passed mandatory testing for the other harmful chemicals
				listed herein.
(5)
Dangerous
				molds and mildew.
Total yeast and mold, and for any cannabis or cannabis
				product that fails an initial test for total yeast and mold, mycotoxins
				including aflatoxins (B1, B2, G1, and G2) and ochratoxin A.
(6)
Harmful microbes.
Total
				viable aerobic bacteria, total coliforms, Enterobacteriaceae, Shiga
				toxin-producing
E. coli
(STEC) and Salmonella
				(spp.).
(7)
THC potency,
				homogeneity and cannabinoid profiles.
THC and any other cannabinoid to
				be referenced in labeling or marketing materials.
(8)
Water activity.
Testing for
				water activity is mandatory for solid and semi-solid edible cannabis products
				that do not require preservation by other means (e.g. refrigeration) and for
				cannabis plant material that is dried and prepared in its final form of
				intended use and that is to be sold or transferred by a cultivation facility or
				products manufacturing facility to a cannabis store.