Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA TESTING FACILITIES › Section 453D.790 - Testing: Authorized use of marijuana upon failure of microbial screening; automatic failure to pass; request for retest; retest for pesticide residue must be performed by State Department of Agriculture; effect of passing or failing retest

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 Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200