Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 5 - Rules for the Certification of Marijuana Testing Facilities › Section 691-5-6 - Testing of Cannabis and Cannabis Products

Current through 2024-29, July 17, 2024
Section
				6.1 - Mandatory Testing Required
An adult use cannabis licensee may not sell or distribute
				  adult use cannabis or an adult use cannabis product to a cannabis store for
				  sale to a consumer unless the cannabis or cannabis product has been tested
				  pursuant to this Rule and that 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, except that OCP may temporarily waive mandatory testing
				  requirements under this section for any contaminant or factor for which OCP has
				  determined that there exists no licensed cannabis testing facility in the state
				  capable of and certified to perform such testing.
Section 6.2 - Mandatory Testing and
				Additional Analysis
Cannabis and cannabis products must be tested in accordance
				  with this Rule. OCP or a client may request additional analyses which will be
				  specified by the cannabis testing facility in the written sampling plan.
A. The following tests are mandatory for all
				cannabis or cannabis products, except seedlings, immature cannabis plants and
				seeds, prior to being transferred to a cannabis store for sale to a consumer:
(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 cannabis testing facility is not required analyze for
				residual solvents and processing chemicals in dried flower, kief, hashish or
				cannabis products manufactured without chemical solvents. A cannabis testing
				facility 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.).
Any pesticide, insecticide,
				fungicide, herbicide, acaricide, plant growth regulator, disinfectant or any
				other chemical included as a pesticide in Table 6.8-A. 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) and 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 as a product in its final
				form of intended use and that is to be sold or transferred by a cultivation
				facility, products manufacturing facility or cannabis store.