1. Usable marijuana concentration testing must include: a. Tetrahydrocannabinol (THC). b. Tetrahydrocannabinolic acid (THCA). c. Cannabidiol (CBD). d. Cannabidiolic acid (CBDA).

2. The total tetrahydrocannabinol and total cannabidiol must be calculated as follows: a. Total tetrahydrocannabinol, where M is the mass or mass fraction of tetrahydrocannabinol or tetrahydrocannabinolic acid: M total THC = THC + (0.877 x M THCA) b. Total cannabidiol, where M is the mass or mass fraction of cannabidiol and cannabidiolic acid:

$$M \text{ total CBD} = M \text{ CBD} + (0.877 \times M \text{ CBDA})$$

3. Test results must report tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid content by dry weight calculated as follows: a. P THC(dry) = P THC(wet) / [1-(P moisture/100)]. b. P THCA(dry) = P THCA(wet) / [1-(P moisture/100)]. c. P CBD(dry) = P CBD(wet) / [1-(P moisture/100)]. d. P CBDA(dry) = P CBDA(wet) / [1-(P moisture/100)].

4. The concentration test fails if the total amount of tetrahydrocannabinol and tetrahydrocannabinolic acid, as calculated pursuant to this section, exceeds the maximum concentration or amounts permitted in North Dakota Century Code chapter 19-24.1.

5. The concentration test fails if the tetrahydrocannabinol or cannabidiol content of a medical cannabinoid product is determined through testing not to be homogenous. A medical cannabinoid product is considered not to be homogenous if test results identify a total tetrahydrocannabinol or cannabidiol variation of plus or minus fifteen percent. A medical cannabinoid product intended for ingestion must include concentration homogeneity testing.

6. If the samples do not pass testing standards for concentration, the manufacturing facility must comply with section 33-44-01-52.

History: Effective April 1, 2018; amended effective October 1, 2019; July 1, 2022; October 1, 2025.