1. A. In this regulation, “supporting data” means charts, graphs, spectra, or other information resulting from the testing of cannabis or cannabis products.

2. B. An independent testing laboratory shall:

   1. (1) Establish and follow statistically valid sampling methods to obtain samples from licensees;
   2. (2) Adopt standard operating procedures that are approved by the Administration to test cannabis, cannabis concentrate, and any other product that contains more than 0.5 milligrams of THC per serving and 2.5 milligrams of THC per package;
   3. (3) Perform sampling, testing, and analysis of cannabis and cannabis products in accordance with the Administration’s Technical Authority;

   4. (4) In the event a test result is outside action limits:

      1. (a) Follow standard operating procedure to confirm or refute the original result;
      2. (b) Notify the Administration of the failed test result via reporting in the seed-to-sale tracking system within 24 hours of the determination; and
      3. (c) Follow testing protocols established in the MCA’s Technical Authority.
   5. (5) Issue to the licensee a certificate of analysis for each batch or lot, with supporting data upon request, to report concentrations of compounds, presences of contaminants, and whether the batch or lot is within action limits for certain characteristics, as required by the Technical Authority; and
   6. (6) After the analysis is complete, weigh, document, and destroy all green waste in accordance with a standard operating procedure approved by the Administration.

3. C. An independent testing laboratory may only handle, test, or analyze cannabis or cannabis products if it:

   1. (1) Has been registered by the Administration;
   2. (2) Is independent from any entity licensed under Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of Maryland, to grow, process, or dispense cannabis;
   3. (3) Is accredited by an accreditation body or has a provisional registration from the Administration;
   4. (4) Has established standard operating procedures that provide for adequate chain of custody controls for samples transferred to the independent testing laboratory for testing, which are approved by the Administration; and
   5. (5) Enters timely and accurate data into the seed-to-sale tracking system that identifies and tracks samples.

4. D. Upon request, in a format determined by the Administration, independent testing laboratories shall:

   1. (1) Provide materials to the State Cannabis Testing Laboratory to conduct the activities under Regulation .07B of this chapter; and
   2. (2) As part of a licensee inspection, analyze samples and provide a written report to the Administration.

Authority: Alcoholic Beverages and Cannabis Article, §§36-202—204, and 36-408, Annotated Code of Maryland

Effective date:

Regulations .01—.07 adopted as an emergency provision effective July 1, 2023 (50:14 Md. R. 559); emergency status expired June 30, 2024

Regulations .01—.07 adopted as an emergency provision effective June 7, 2024 (51:14 Md. R. 676)

Regulations .01—.07 adopted effective July 22, 2024 (51:14 Md. R. 678)

Regulation .03A amended effective April 14, 2025 (52:7 Md. R. 324)

Regulation .04B amended effective April 14, 2025 (52:7 Md. R. 324)

Regulation .05 amended effective April 14, 2025 (52:7 Md. R. 324)