(a)

1. (1) This part is applicable to cultivation facilities and dispensaries.

2. (2) A cultivation facility or dispensary may not:

   1. (A) Transfer usable marijuana that is not sampled and tested in accordance with this part; or
   2. (B) Accept the transfer of usable marijuana that is not sampled and tested in accordance with this part.

(b) Ordering tests. A cultivation facility or dispensary must provide a laboratory, prior to a laboratory taking samples, with the following:

1. (1) A written request of analysis for each test the laboratory is being requested to conduct; and
2. (2) Notification of whether the batch is being resampled because of a failed test and the failed test results.

(c) Testing requirements for usable marijuana.

1. (1) A cultivation facility or dispensary must test every batch of usable marijuana intended for use by a qualified patient prior to selling or transferring the usable marijuana for the following:

   1. (A) Pesticides in accordance with 20 CAR § 202-112;
   2. (B) Water activity and moisture content in accordance with 20 CAR § 202-114;
   3. (C) THC and CBD concentration in accordance with 20 CAR § 202-115; and
   4. (D) Heavy metals in accordance with 20 CAR § 202-116.
2. (2) A cultivation facility or dispensary must test every batch of usable marijuana intended for use by a cultivation facility or dispensary for water activity and moisture content in accordance with 20 CAR § 202-114, unless the cultivation facility or dispensary uses a method of processing that results in effective sterilization.

3. (3) A cultivation facility or dispensary must test a harvest lot of marijuana or usable marijuana for microbiological contaminants:

   1. (A) In accordance with 20 CAR § 202-111; or
   2. (B) Upon written request by the Department of Health or the Alcoholic Beverage Control Division.
4. (4) In lieu of ordering and arranging for the sampling and testing required in this section, a cultivation facility may transport batches of usable marijuana to a dispensary and the dispensary may order and arrange for the sampling and testing of the batches in accordance with this part.