Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Marijuana Regulatoty Agency
MARIHUANA SAMPLING AND TESTING
Section R. 420.304 - Sampling; testing
Universal Citation: MI Admin Code R. 420.304
Current through Vol. 24-16, September 15, 2024
Rule 4.
(1) A laboratory shall test samples as provided in the acts and these rules.
(2) A laboratory shall collect samples of a marihuana product from another marihuana business, and that marihuana business shall not interfere or prevent the laboratory from complying with all of the following requirements:
(a) The laboratory shall physically collect
the sample of the marihuana product from another marihuana business to be
tested at the laboratory. A laboratory shall comply with all the following:
(i) The laboratory shall ensure that samples
of the marihuana product are identified in the statewide monitoring system and
placed in secured, sealed containers that bear the labeling required under
these rules.
(ii) The route plan
and manifest must be entered into the statewide monitoring system, and a copy
must be carried in the transporting vehicle and presented to a law enforcement
officer upon request.
(iii) The
marihuana must be transported in 1 or more sealed containers and not be
accessible while in transit.
(iv)
The vehicle a laboratory is using to transport samples of marihuana product
must not bear markings or other indication that it is carrying marihuana or a
marihuana-infused product.
(b) Except otherwise required by the agency,
the laboratory shall collect a sample size that is sufficient to complete all
required analyses, and not less than 0.5% of the weight of the harvest
batch.
(c) The maximum harvest
batch is 50 pounds. At least 50% of the sample taken must be homogenized for
testing. The agency may publish sample sizes for marihuana products being
tested.
(d) For a marihuana
concentrate a laboratory must take a sample increment of 0.25 grams. The
laboratory must take the following number of increments based upon the
production batch size:
(i) 12 increments for a
production batch of 1 to 2 pounds.
(ii) 15 increments for a production batch of
2 to 3 pounds.
(iii) 18 increments
for a production batch of 3 to 4 pounds.
(iv) 23 increments for a production batch of
4 to 10 pounds.
(v) 29 increments
for a production batch greater than 10 pounds.
(e) For marihuana-infused products a
laboratory must take the following number of units based upon the production
batch size:
(i) 2 units for a production batch
of up to 100 units.
(ii) 4 units
for a production batch of 101 to 500 units.
(iii) 6 units for a production batch of 501
to 1000 units.
(iv) 8 units for a
production batch of 1001 to 5000 units.
(v) 10 units for a production batch of 5001
to 10,000 units.
(vi) 12 units for
a production batch greater than 10,001 units.
(f) The laboratory shall develop a
statistically valid sampling method and have it approved by the agency to
collect a representative sample from each batch of marihuana product. The
laboratory shall have access to the entire batch for the purposes of
sampling.
(g) An employee of the
marihuana business from which marihuana product test samples are collected
shall be physically present to observe the laboratory employee collect the
sample of marihuana product for testing and ensure that the sample increments
are taken from throughout the batch.
(h) An employee of a marihuana business shall
neither assist the laboratory employee nor touch the marihuana product or the
sampling equipment while the laboratory employee is obtaining the
sample.
(i) After samples have been
selected, both the employee of the marihuana business that had the samples
collected and the employee from the laboratory shall sign and date the chain of
custody form, attesting to the following sample information:
(i) Marihuana product name.
(ii) Weight of marihuana product.
(iii) All marihuana products and samples are
correctly identified in the statewide monitoring system.
(iv) If the product test sample is obtained
for a retest, the laboratory confirms that it is not accepting a product test
sample that is prohibited from being retested.
(j) A marihuana business shall enter in the
statewide monitoring system the marihuana product test sample that is collected
by a licensed laboratory, including the date and time the marihuana product is
collected and transferred. The laboratory shall enter into the statewide
monitoring system the test results within 3 business days of test
completion.
(k) If a testing sample
is collected from a marihuana business for testing in the statewide monitoring
system, that marihuana business shall quarantine the marihuana product that is
undergoing the testing from any other marihuana product at the marihuana
business. The quarantined marihuana product may not be packaged, transferred,
or sold until passing test results are entered into the statewide monitoring
system.
(l) Any marihuana product
that a laboratory collects for testing from a licensee under this rule may not
be transferred or sold to any other marihuana business other than the licensee
from whom the sample was collected. This provision does not apply to a
laboratory that engages another laboratory to perform certain safety tests on a
subcontracted basis.
(m) A
laboratory may collect additional sample material from the same licensee from
which the original sample was collected for the purposes of completing the
required safety tests as long as the requirements of this rule are
met.
(n) The agency may publish
guidance that must be followed by marihuana businesses for chain of custody
documentation.
Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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