Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.672 - Authorized use of marijuana upon failure of quality assurance test; requirements for retesting

Current through June 11, 2024
1. If a lot of
				usable marijuana fails a quality assurance test, any marijuana plant trim, leaf
				and other usable material from the same plants automatically fails the quality
				assurance test. Upon approval of the Division, a lot of marijuana that fails a
				microbial screening may be used to make a CO2 or
				solvent-based extract. After processing, the CO2 or
				solvent-based extract must pass all required quality assurance tests.
2. If a sample from a facility for the
				production of edible marijuana products or marijuana-infused products 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 cultivation facility
				or a facility for the production of edible marijuana products or
				marijuana-infused products, the Division may, on a case-by-case basis,
				authorize a retest to validate the results of a failed test. The cultivation
				facility or facility for the production of edible marijuana products or
				marijuana-infused products is responsible for all costs involved in a retest
				performed pursuant to this section.
4. A cultivation facility or a facility for
				the production of edible marijuana products or marijuana-infused products may
				not request a retest pursuant to this section unless, at the time samples are
				initially taken for testing, three samples are collected at the same time by an
				independent testing laboratory using tamper-resistant bags. One of the samples
				must be taken by the independent testing laboratory for testing and the
				facility must place the other two samples in a secure quarantine storage area
				at the facility for further retesting by a secondary independent testing
				laboratory and the State Department of Agriculture.
5. A cultivation facility or a facility for
				the production of edible marijuana products or marijuana-infused products shall
				submit a request for retesting to the Division in writing and on a form
				designated by the Division.
6. If
				the Division grants a request for retesting, the Division will select the
				independent testing laboratory that will perform the retest.
7. Except as otherwise provided in this
				subsection, a cultivation facility or a facility for the production of edible
				marijuana products or marijuana-infused products 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
				cultivation facility or facility for the production of edible marijuana
				products or marijuana-infused products need not destroy the lot or production
				run and may sell the lot or production run to a cultivation facility, medical
				marijuana dispensary or facility for the production of edible marijuana
				products or marijuana-infused products, as applicable.
10. If a sample fails the same quality
				assurance test upon retesting, the Division denies a request for retesting or a
				cultivation facility or a facility for the production of edible marijuana
				products or marijuana-infused products 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 R004-14, 3-28-2014, eff. 4-1-2014; A by
				  R148-15A,
				  eff. 9/9/2016
NRS
				  NRS 453A.370