1. (a)

   1. (1) If a sample fails any initial test, the laboratory that did the testing may reanalyze the sample.
   2. (2) If the sample passes, another laboratory must resample the batch and confirm that result in order for the batch to pass testing.

2. (b) If a sample fails a test or a reanalysis under subsection (a) of this section, the batch:

   1. (1) May be remediated or sterilized in accordance with this section; or
   2. (2) If it is not or cannot be remediated or sterilized under this section, it must be destroyed in a manner specified by the Medical Marijuana Commission.
3. (c) If a cultivation facility or dispensary is permitted under this section to sell or transfer a batch that has failed a test, the cultivation facility or dispensary must notify the cultivation facility or dispensary to whom the batch is sold or transferred of the failed test.

4. (d) Failed microbiological contaminant testing.

   1. (1) If a sample from a batch of usable marijuana fails microbiological contaminant testing, the batch may be used to make a cannabinoid concentrate or extract if the processing method effectively sterilizes the batch, such as a method using a hydrocarbon-based solvent or a CO₂ closed-loop system.
   2. (2) If a sample from a batch of a cannabinoid concentrate or extract fails microbiological contaminant testing, the batch may be further processed if the processing method effectively sterilizes the batch, such as a method using a hydrocarbon-based solvent or a CO₂ closed-loop system.
   3. (3) A batch that is sterilized in accordance with subdivision (d)(1) or (d)(2) of this section must be sampled and tested in accordance with this part and must be tested, if not otherwise required for that product, for microbiological contaminants, solvents, and pesticides.
   4. (4) A batch that fails microbiological contaminant testing after undergoing a sterilization process in accordance with subdivision (d)(1) or (d)(2) of this section must be destroyed in a manner specified by the commission.

5. (e) Failed solvent testing.

   1. (1) If a sample from a batch fails solvent testing, the batch may be remediated using procedures that would reduce the concentration of solvents to less than the action level.

   2. (2) A batch that is remediated in accordance with subdivision (e)(1) of this section must be:

      1. (A) Sampled and tested in accordance with this part; and
      2. (B) Tested, if not otherwise required for that product under this part, for solvents and pesticides.
   3. (3) A batch that fails solvent testing that is not remediated or that if remediated fails testing must be destroyed in a manner specified by the commission.

6. (f) Failed water activity testing.

   1. (1) If a sample from a batch of usable marijuana fails for water activity, the batch from which the sample was taken may:

      1. (A) Be used to make a cannabinoid concentrate or extract; or
      2. (B) Continue to dry or cure.
   2. (2) A batch that undergoes additional drying or curing as described in subdivision (f)(1) of this section must be sampled and tested in accordance with this part.

7. (g) Failed pesticide testing.

   1. (1) If a sample from a batch fails pesticide testing, the batch may not be remediated and must be destroyed in a manner approved by the commission.
   2. (2) The Department of Health must report to the Department of Agriculture all test results that show that a sample failed a pesticide test.

8. (h) Failed potency testing.

   1. (1) Usable marijuana that fails potency testing under 20 CAR § 202-115(b) may be repackaged in a manner that enables the item to meet the standard in 20 CAR § 202-115(b).
   2. (2) Usable marijuana that is repackaged in accordance with this section must be sampled and tested in accordance with this part.
9. (i) If a sample fails a test after undergoing remediation or sterilization as permitted under this section, the batch must be destroyed in a manner approved by the commission.
10. (j) A cultivation facility or dispensary must inform a laboratory prior to samples being taken that the batch has failed a test and is being retested after undergoing remediation or sterilization.

11. (k) A cultivation facility or dispensary must, as applicable:

    1. (1) Have detailed procedures for sterilization processes to remove microbiological contaminants and for reducing the concentration of solvents; and
    2. (2) Document all sampling, testing, sterilization, remediation, and destruction that are a result of failing a test under this part.

Codification Notes: “CO2” means carbon dioxide.