New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS
Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS
Section 16.8.7.15 - REQUIRED TESTING OF CANNABIS PRODUCTS
Current through Register Vol. 35, No. 18, September 24, 2024
A cannabis establishment shall segregate a batch of cannabis product and arrange for samples to be collected and tested by a cannabis testing laboratory if required by this section. The batch must pass all required tests prior to the sale or delivery to a qualified patient, primary caregiver or consumer.
A. Required testing: Unless an exception applies:
Table 1, Required Testing of Cannabis Products |
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Product category |
Potency |
Homogeneity of Batch |
Visual Inspection |
Microbiological |
Residual Pesticides |
Residual Solvents |
Flower |
X |
X |
X |
X |
||
Trim |
X |
X |
X |
X |
||
Concentrate (volatile solvent) |
X |
X |
X |
X |
||
Kief |
X |
X |
X |
X |
||
Pre-rolls |
X |
X |
X |
|||
Concentrate (non-volatile solvent) |
X |
X |
X |
X |
||
Extract - alcohol |
X |
X |
X |
|||
Extract - other liquid |
X |
X |
X |
|||
Topical |
X |
X |
||||
Edible |
X |
X |
* |
|||
Other inhalable |
X |
* |
X |
|||
Other |
X |
X |
* |
X |
*Pesticide testing required unless exempted by Subsection E, below.
B. Staggered implementation:
C. Collection and transportation of samples: A cannabis testing laboratory is responsible for the collection of samples for the performance of any required test, re-test after a failing result, re-test after remediation, or test for the purposes of labeling.
D. Compliance with all rules and applicable laws required: Passage of testing does not relieve an establishment of its obligation to comply with the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, the Pesticide Control Act, division rules, or other local, state, and federal laws not in conflict with the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act.
E. Exceptions to required testing:
F. Visual inspection: A sample shall pass visual inspection if, under a minimum of 40X magnification, laboratory personnel detect in a one gram sample:
G. Microbiological testing: A sample shall pass microbiological testing if the sample contains concentrations of target microbes not exceeding the action levels set forth in Table 2, Microbiological Testing Requirements, below.
Table 2. Microbiological Testing Requirements |
|
Target Microbe |
Action Level |
*E. coli |
100 CFU/gram |
Aspergillus flavus, Aspergillus fumigatus, Aspergillus niger, or Aspergillus terreus |
Present in 1 gram |
Salmonella spp. |
Present in 1 gram |
[DAGGER]Shiga-toxin producing E. coli |
Present in 1 gram |
[DAGGER]Clostridium botulinum |
Present in 1 gram |
[DAGGER]Pseudomonas aeruginosa |
Present in 1 gram |
*Cannabis product may be tested for shiga-toxin producing E. coli, rather than generic E. coli. [DAGGER]Testing for shiga-toxin producing E. coli, Clostridium botulinum, and Pseudomonas aeruginosa is required only for edible cannabis products manufactured from fresh cannabis with a water activity of 0.65 or greater. |
H. Residual solvent testing: A sample shall pass residual solvent testing if the sample contains concentrations of residual solvents lower than the action levels set forth in Table 3, Residual Solvent Testing Requirements, below. The test results shall be reported as described in the notes to Table 3.
Table 3. Residual Solvent Testing Requirements |
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Target Compounds |
Common Chemical Name |
IUPAC Name |
CAS Number |
Action Level* |
Propane |
Propane |
Propane |
74-98-6 |
5000 |
Butanes |
n-butane |
Butane |
106-97-8 |
5000 |
Isobutane |
2-methylpropane |
75-28-5 |
5000 |
|
Pentane |
n-pentane |
Pentane |
109-66-0 |
5000 |
Hexane |
n-hexane |
Hexane |
110-54-3 |
290 |
Benzene |
Benzene |
Benzene |
71-43-2 |
2.0 |
Toluene |
Toluene |
Methylbenzene |
108-88-3 |
890 |
Heptane |
n-heptane |
Heptane |
142-82-5 |
5000 |
Ethylbenzene and Xylenes |
Ethylbenzene |
Ethylbenzene |
100-41-4 |
2170 Total |
ortho-xylene |
1,2-dimethylbenzene |
95-47-6 |
||
meta-xylene |
1,3-dimethylbenzene |
108-38-3 |
||
para-xylene |
1,4-dimethylbenzene |
106-42-3 |
||
Ethanol |
ethyl alcohol |
Ethanol |
64-17-5 |
5000 |
Methanol |
methyl alcohol |
Methanol |
67-56-1 |
3000 |
Isopropanol |
Isopropyl alcohol |
2-propanol |
67-63-0 |
5000 |
Acetone |
Acetone |
2-propanone |
67-64-1 |
5000 |
Use two significant digits when reporting residual solvent results. |
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Report levels less than the Limit of Quantitation for each solvent according to the following example:: |
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"Benzene < 2.0 µg/g" |
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*Micrograms solvent per gram (µg/g) of sample/parts per million (ppm). |
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[DAGGER]Unless exempt from testing. |
I. Potency testing: Potency testing requires determining the quantity of tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA) per gram of sample and the calculation of THC potency and CBD potency, according to Table 4, Potency Testing Requirements, below.
Table 4. Potency Testing Requirements |
|||
Cannabinoid |
Abbreviation |
CAS Number |
Reporting Units |
Tetrahydrocannabinolic Acid |
THCA |
23978-85-0 |
For solids: mg of analyte/gram of sample and percentage by weight For liquids: mg/ml |
Tetrahydrocannabinol |
THC |
1972-08-3 |
|
Cannabidiolic Acid |
CBDA |
1244-58-2 |
|
Cannabidiol |
CBD |
13956-29-1 |
|
Total THC Potency (solids) |
THC Potency = (Percent THCA × 0.877) + Percent THC |
Percentage by weight |
|
Total CBD Potency (solids) |
CBD Potency = (Percent CBDA × 0.877) + Percent CBD |
||
Total THC Potency (liquids) |
THC Potency = (mg/ml THCA × 0.877) + mg/ml THC |
mg/ml |
|
Total CBD Potency (liquids) |
CBD Potency = (mg/ml CBDA × 0.877) + mg/ml CBD |
J. Pesticide testing: A sample shall pass pesticide testing if concentrations of residues of pesticides are lower than the action levels listed in Table 5, Pesticide Testing Requirements, below.
Table 5. Pesticide Testing Requirements |
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Targeted Pesticide |
CAS Number |
Action Level: Inhalable* |
Action Level: Non-Inhalable* |
[DAGGER] Abamectin |
71751-41-2 |
0.1 |
0.15 |
[DAGGER] Acequinocyl |
57960-19-7 |
2.0 |
2.0 |
[DAGGER]Bifenazate |
149877-41-8 |
0.2 |
0.2 |
[DAGGER] Bifenthrin |
82657-04-3 |
0.1 |
0.1 |
[DAGGER] Etoxazole |
153233-91-1 |
0.1 |
1.0 |
[DAGGER] Imazalil |
35554-44-0 |
0.1 |
0.1 |
[DAGGER] Imidacloprid |
138261-41-3 |
0.1 |
3.0 |
[DAGGER] Myclobutanil |
88671-89-0 |
0.1 |
0.4 |
[DAGGER] Paclobutrazol |
76738-62-0 |
0.04 |
0.04 |
Piperonyl butoxide |
51-03-6 |
3.0 |
8.0 |
[DAGGER] Pyrethrins (cumulative total) |
121-21-1 25402-06-6 4466-14-2 |
0.5 |
1.0 |
[DAGGER] Spinosyn A, D (cumulative total) |
131929-60-7 131929-63-0 |
0.1 |
3.0 |
[DAGGER] Spiromesifen |
283594-90-1 |
0.1 |
0.2 |
[DAGGER] Spirotetramat |
203313-25-1 |
0.1 |
0.2 |
[DAGGER] Trifloxystrobin |
141517-21-7 |
0.02 |
0.02 |
Other pesticide not registered with NMDA for use on cannabis |
Varies |
0.02 |
0.02 |
*Micrograms of pesticide per gram (µg/g) of sample/parts per million (ppm). Report levels less than the Limit of Quantitation for each pesticide residue according to the following example: "Paclobitrazol < 0.4 µg/g" [DAGGER]Not registered with NMDA for use on cannabis. |
K. Release of batch after testing: A cannabis establishment may release an entire batch of cannabis product for immediate manufacture, sale, or other use, provided that the sample taken from the batch passes the tests required in this section.
L. Procedures for testing: A cannabis establishment shall adhere to the following procedures:
M. Re-testing: If a sample fails any test, the cannabis establishment may request re-testing by the same cannabis testing laboratory or another cannabis testing laboratory. If the repeated test is within acceptable limits, then the batch may be sold, transferred, or further manufactured.
N. Remediation: Within 120 days of a failed test, a cannabis establishment may remediate and retest the batch according to the procedures described in this subsection. A cannabis establishment shall adopt and maintain on the premises protocols regarding remediation consistent with this rule.
O. Notice and destruction: Any cannabis product that fails a test and cannot be remediated, including any remediated cannabis product that fails any test after remediation, is subject to destruction in accordance with the wastage requirements of 16.8.2.15 NMAC. The cannabis establishment shall notify the division within 24 hours and shall confirm the wastage and disposal of the usable cannabis in accordance with this rule. The wasted product shall be removed from inventory, and the removal from inventory shall be noted in the track and trace system.
P. Interpretation of differing results: Results produced by a cannabis testing laboratory are valid only for the sample tested. A differing result produced by quality control or inspection testing of a different sample pursuant to 16.8.2.16 NMAC is not grounds for action against the cannabis testing laboratory that produced the original testing result.