Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 210 - NEW

Current through June 11, 2024
1. Upon approval of the Department, a lot of
				marijuana that fails a microbial screening test may be used to make an extract.
				After processing, the extract must pass all required quality assurance
				tests.
2. If a sample from a
				marijuana product manufacturing facility fails a quality assurance test, the
				entire production run from which the sample was taken automatically fails the
				quality assurance test.
3. At the
				request of a marijuana cultivation facility or a marijuana product
				manufacturing facility, the Department may, on a case-by-case basis, authorize
				a retest to validate the results of a failed test. The marijuana cultivation
				facility or marijuana product manufacturing facility is responsible for all
				costs involved in a retest performed pursuant to this section.
4. A marijuana cultivation facility or a
				marijuana product manufacturing facility may not request a retest pursuant to
				this section unless, at the time samples are initially taken for testing, two
				samples are collected at the same time by a marijuana testing facility using
				tamper-resistant bags. One of the samples must be taken by the marijuana
				testing facility for testing and the facility must place the other sample in a
				secure quarantine storage area at the facility for further retesting by a
				secondary marijuana testing facility or the State Department of
				Agriculture.
5. A marijuana
				cultivation facility or a marijuana product manufacturing facility shall submit
				a request for retesting to the Department in writing and on a form designated
				by the Department.
6. If the
				Department grants a request for retesting, the Department will select the
				marijuana testing facility that will perform the retest.
7. Except as otherwise provided in this
				subsection, a marijuana cultivation facility or a marijuana product
				manufacturing facility may submit a request for retesting of not more than 50
				lots each calendar year. For any subsequent failure of a quality assurance test
				in a calendar year, the facility shall destroy the lot or the entire production
				run, as applicable. A lot which only fails a quality assurance test for
				moisture content must not be counted for the purpose of this
				subsection.
8. A failed quality
				assurance test for pesticide residue must be retested by the State Department
				of Agriculture.
9. If a sample
				passes the same quality assurance test upon retesting, the marijuana
				cultivation facility or marijuana product manufacturing facility need not
				destroy the lot or production run and may sell the lot or production run to a
				marijuana cultivation facility, retail marijuana store or marijuana product
				manufacturing facility, as applicable.
10. If a sample fails the same quality
				assurance test upon retesting, the Department denies a request for retesting or
				a marijuana cultivation facility or a marijuana product manufacturing facility
				does not request retesting after a sample fails a quality assurance test, the
				facility shall destroy the entire lot or production run from which the sample
				was taken.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200