1. (1)

   1. (a) The department shall license testing laboratories that meet the requirements of this part to measure the tetrahydrocannabinol and cannabidiol content of marijuana and marijuana-infused products and to test marijuana and marijuana-infused products for pesticides, solvents, water levels, mold, and other contaminants. A testing laboratory may transport samples to be tested.
   2. (b) The analytical laboratory services provided by the department of agriculture pursuant to 80-1-104 may be used for the testing provided for in this section.
2. (2) A person with a financial interest in a licensed testing laboratory may not have a financial interest in a provider for whom testing services are performed.

3. (3) Each licensed testing laboratory shall employ a scientific director who is responsible for ensuring the achievement and maintenance of quality standards of practice. The scientific director must have the following minimum qualifications:

   1. (a) a doctorate in chemical or biological sciences from a college or university accredited by a national or regional certifying authority and a minimum of 2 years of postdegree laboratory experience; or
   2. (b) a master's degree in chemical or biological sciences from a college or university accredited by a national or regional certifying authority and a minimum of 4 years of postdegree laboratory experience.
4. (4) All owners and employees of a testing laboratory shall submit fingerprints to the department to facilitate a fingerprint and background check by the department of justice and the federal bureau of investigation. A laboratory may not be owned, operated, or staffed by a person who has been convicted of a felony offense.

5. (5) To qualify for licensure, a testing laboratory shall demonstrate that:

   1. (a) staff members are proficient in operation of the laboratory equipment;
   2. (b) the laboratory maintains the equipment and instrumentation required by rule;
   3. (c) the laboratory meets insurance and bonding requirements established by rule; and
   4. (d) the laboratory has passed a relevant proficiency program. The department shall establish by rule the proficiency programs considered relevant for the purposes of this section.

6. (6) Except as provided in 50-46-326(1)(b), a testing laboratory shall conduct tests of:

   1. (a) samples of marijuana, marijuana concentrate, and marijuana-infused products submitted by providers and marijuana-infused products providers pursuant to 50-46-326 and related administrative rules prior to sale of the marijuana or marijuana-infused products;
   2. (b) samples of marijuana or marijuana-infused products collected by the department during inspections of registered premises; and
   3. (c) samples submitted by registered cardholders. (Subsection (6) effective April 30, 2018, or on occurrence of contingency, whichever is earlier--sec. 31(4), Ch. 408, L. 2017.)

History: En. Sec. 22, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 6, Ch. 408, L. 2017.