New Mexico Administrative Code
Title 7 - HEALTH
Chapter 34 - MEDICAL USE OF CANNABIS
Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION
Section 7.34.4.10 - TESTING OF USABLE CANNABIS
Current through Register Vol. 35, No. 6, March 26, 2024
All dried usable cannabis produced by a non-profit producer that is not converted into a concentrated cannabis derived product, and all concentrated cannabis derived products manufactured by a non-profit producer or manufacturer, shall be sampled for testing purposes by the licensed non-profit producer or manufacturer, and those samples shall be tested by an approved laboratory consistent with the requirements of this rule and found to have passed all tests required by this rule, prior to the sale, distribution, or other use of the product. Each batch of dried usable cannabis, other than cannabis that will be converted into a concentrated cannabis derived product, shall be segregated and sampled by the non-profit producer that produced the batch, and the non-profit producer shall ensure that each sample is tested by an approved laboratory in accordance with the testing requirements of this rule and determined to have passed the following individual testing requirements, before dried usable cannabis from that batch is made available for sale or distribution, and before the dried usable cannabis or any substance derived therefrom is incorporated into a cannabis derived product. Each batch of concentrated cannabis derived product shall be segregated and sampled by the manufacturer or non-profit producer that produced the batch, and the manufacturer or non-profit producer (as applicable) shall ensure that each sample is tested by an approved laboratory in accordance with the testing requirements of this rule, and determined by the manufacturer or non-profit producer (as applicable) to have passed the following individual testing requirements, before cannabis derived product from that batch is made available for sale or distribution.
A. Exception; staggered implementation: The department may within its discretion waive testing requirements of this section, in whole or in part, based on considerations such as the ability of currently approved laboratories to process all testing samples, or in order to allow additional time for laboratories to implement revised testing standards.
B. Exception for previously tested cannabis: Except as otherwise provided in this rule, a non-profit producer or manufacturer shall not be required to sample and test dried usable cannabis or a concentrated cannabis-derived product if the batch was previously sampled and the sample was tested by another non-profit producer or manufacturer in accordance with this rule and determined to have passed the testing requirements of this rule.
C. Individual testing requirements:
Table 1. Microbiological Testing Requirements |
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Final Product |
Test Parameter |
Action Level |
Test Units |
Chopped or Powdered Botanicals (Dried Usable Cannabis Not Extracted) |
Total Aerobic Microbial Count |
>100000 |
cfu/g or cfu/mL |
Total Combined Yeast & Mold Count |
>1000 |
cfu/g or cfu/mL |
|
Bile-tolerant Gram-negative Bacteria |
>1000 |
cfu/g or cfu/mL |
|
Absence of Salmonella spp. & E. coli |
Absent |
In 10 grams cfu/g or cfu/mL |
|
Total Coliforms Count |
>1000 |
cfu/g or cfu/mL |
|
Powdered Botanical Extracts (Extracted or Processed Cannabis Product i.e. hash, bubble hash, rosin, kief) |
Total Aerobic Microbial Count |
>10000 |
cfu/g or cfu/mL |
Total Combined Yeast & Mold Count |
>1000 |
cfu/g or cfu/mL |
|
Bile-tolerant Gram-negative Bacteria |
>1000 |
cfu/g or cfu/mL |
|
Absence of Salmonella spp. & E. coli |
Absent |
In 10 grams cfu/g or cfu/mL |
|
Total Coliforms Count |
>1000 |
cfu/g or cfu/mL |
|
Tinctures (Solutions of Cannabis in Alcohol) |
Total Aerobic Microbial Count |
>10000 |
cfu/g or cfu/mL |
Total Combined Yeast & Mold Count |
>1000 |
cfu/g or cfu/mL |
|
Infusions (solutions of cannabis in water) |
Total Aerobic Microbial Count |
>100 |
cfu/g or cfu/mL |
Total Combined Yeast & Mold Count |
>10 |
cfu/g or cfu/mL |
|
Decoctions (Solutions of Cannabis derived by boiling in water for at least 15 minutes) |
Total Aerobic Microbial Count |
>100 |
cfu/g or cfu/mL |
Total Combined Yeast & Mold Count |
>10 |
cfu/g or cfu/mL |
|
Fluid extracts (An alcoholic liquid extract made by percolation of Cannabis so that 1 mL of the fluidextract represents 1 g of the Cannabis) |
Total Aerobic Microbial Count |
>10000 |
cfu/g or cfu/mL |
Total Combined Yeast & Mold Count |
>1000 |
cfu/g or cfu/mL |
|
Nutritional Supplements with Botanicals |
Total Aerobic Microbial Count |
>100000 |
cfu/g or cfu/mL |
Total Combined Yeast & Mold Count |
>1000 |
cfu/g or cfu/mL |
|
Absence of Salmonella spp. & E. coli |
Absent |
In 10 grams cfu/g or cfu/mL |
|
Botanicals to be treated with boiling water before use (Dried Cannabis to which boiling water is added immediately prior to consumption) |
Total Aerobic Microbial Count |
>100000 |
cfu/g or cfu/mL |
Total Combined Yeast & Mold Count |
>1000 |
cfu/g or cfu/mL |
|
Absence of E. coli |
Absent |
In 10 grams cfu/g or cfu/mL |
|
Nutritional products with other highly refined ingredients (Edibles) |
Total Aerobic Microbial Count |
>1000 |
cfu/g or cfu/mL |
Total Combined Yeast & Mold Count |
>100 |
cfu/g or cfu/mL |
|
Absence of E. coli |
Absent |
In 10 grams cfu/g or cfu/mL |
|
Quantitative analysis results shall be rounded off to the first two significant digits. |
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E. coli and Salmonella results shall be reported as Present or Absent. |
Table 2. Mycotoxins Testing Requirements |
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Targeted Mycotoxins |
Chemical Name |
Abbreviation |
CAS Number |
Method Reporting Level (µg/kg)* |
Action Level (µg/kg)* |
Aflatoxins |
Aflatoxin B1 |
AFB1 |
1162-65-8 |
1.0 |
Combined concentration of five mycotoxin components: 20 |
Aflatoxin B2 |
AFB2 |
7220-81-7 |
1.0 |
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Aflatoxin G1 |
AFG1 |
1165-39-5 |
1.0 |
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Aflatoxin G2 |
AFG2 |
7241-98-7 |
1.0 |
||
Ochratoxin |
Ochratoxin A |
OTA |
303-47-9 |
1.0 |
|
Mycotoxins Reporting Requirements for DOH Medical Cannabis Program Use two significant digits when reporting a total mycotoxins result. Non-detects are reported as less than the Method Reporting Level. Example: "Total Mycotoxins < 1 µg/kg" *Micrograms of mycotoxin per kilogram (µg/kg) of sample is equivalent to parts per billion (ppb). |
Table 3. Residual Solvent Testing Requirements |
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Targeted Compounds |
Common Chemical Name |
IUPAC Name |
CAS Number |
Method Reporting Level (µg/g) or (ppm)* |
Action Level (µg/g) or (ppm)* |
Propane |
propane |
propane |
74-98-6 |
100 |
500 |
Butanes |
n-butane |
butane |
106-97-8 |
100 |
500 |
isobutane |
2-methylpropane |
75-28-5 |
100 |
500 |
|
Pentane |
n-pentane |
pentane |
109-66-0 |
100 |
500 |
Hexane |
n-hexane |
hexane |
110-54-3 |
25 |
50 |
Cyclohexane |
cyclohexane |
cyclohexane |
110-82-7 |
100 |
500 |
Benzene |
benzene |
benzene |
71-43-2 |
2.0 |
2.0 |
Toluene |
toluene |
methylbenzene |
108-88-3 |
100 |
200 |
Heptane |
n-heptane |
heptane |
142-82-5 |
100 |
500 |
Ethylbenzene |
ethylbenzene |
ethylbenzene |
100-41-4 |
100 |
Combined concentration of all four compounds: 400 |
and Xylenes |
ortho-xylene |
1,2-dimethylbenzene |
95-47-6 |
100 |
|
meta-xylene |
1,3-dimethylbenzene |
108-38-3 |
200 |
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para-xylene |
1,4-dimethylbenzene |
106-42-3 |
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Methyl Alcohol |
methyl alcohol |
methanol |
67-56-1 |
100 |
1000 |
Isopropyl Alcohol |
isopropanol |
2-propanol |
67-63-0 |
200 |
1000 |
Methylene Chloride |
methylene chloride |
dichloromethane |
75-09-2 |
50 |
100 |
Acetone |
acetone |
2-propanone |
67-64-1 |
200 |
1000 |
Residual Solvents Reporting Requirements for DOH Medical Cannabis Program Use two significant digits when reporting residual solvent results. Non-detects are reported as less than the Method Reporting Level for each residual solvent. Example: "Benzene < 2.0 µg/g" Note: The isomers meta-xylene and para-xylene cannot be separated chromatographically, so they are reported as a pair. |
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*Micrograms solvent per gram of sample (µg/g) is equivalent to parts per million (ppm). |
Table 4. Potency Testing Requirements |
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Cannabinoid |
Abbreviation |
CAS Number |
Reporting Units* |
Comments |
Tetrahydrocannabinolic Acid |
THCA |
23978-85-0 |
mg/g and % (Percent) |
analysis required by rule |
Tetrahydrocannabinol |
THC |
1972-08-3 |
mg/g and % (Percent) |
analysis required by rule |
Cannabidiolic Acid |
CBDA |
1244-58-2 |
mg/g and % (Percent) |
analysis required by rule |
Cannabidiol |
CBD |
13956-29-1 |
mg/g and % (Percent) |
analysis required by rule |
THC Potency |
THC Potency = Percent THCA x 0.877 + Percent THC |
mg/g and % (Percent) |
reporting required by the rule and calculation listed |
|
CBD Potency |
CBD Potency = Percent CBDA x 0.877 + Percent CBD |
mg/g and % (Percent) |
reporting required by the rule and calculation listed |
|
Cannabinol |
CBN |
521-35-7 |
mg/g and % (Percent) |
analysis optional, recommended for strain characterization |
Cannabigerolic Acid |
CBGA |
25555-57-1 |
mg/g and % (Percent) |
analysis optional, recommended for strain characterization |
Cannabigerol |
CBG |
25654-31-3 |
mg/g and % (Percent) |
analysis optional, recommended for strain characterization |
Cannabichromene |
CBC |
20675-51-8 |
mg/g and % (Percent) |
analysis optional, recommended for strain characterization |
Tetrahydrocannabivarin |
THCV |
31262-37-0 |
mg/g and % (Percent) |
analysis optional, recommended for strain characterization |
Cannabidivarin |
CBDV |
24274-48-4 |
mg/g and % (Percent) |
analysis optional, recommended for strain characterization |
*Milligrams per gram (mg/g) of sample; this unit can be also expressed in percent composition of the sample. |
A cannabis derived product shall be homogenous in composition with respect to THC potency. A product shall be deemed non-homogenous if ten percent of the infused portion of the product contains more than twenty percent of the total THC contained in the product. In the event that a cannabis derived product does not meet this requirement, the batch shall be wasted in accordance with the provisions of this rule.
Table 5. Heavy Metal Testing Requirements |
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Heavy Metals |
Elemental Symbol |
IUPAC Name |
CAS Number |
Action Level (µg/g) or (ppm)* |
Method Reporting Level (µg/g) or (ppm)* |
Arsenic |
As |
arsenic |
7440-38-2 |
2.0 |
0.2 |
Cadmium |
Cd |
cadmium |
7440-43-9 |
0.8 |
0.2 |
Lead |
Pb |
lead |
7439-92-1 |
1.2 |
0.2 |
Mercury |
Hg |
mercury |
7439-97-6 |
0.4 |
0.1 |
*Micrograms per gram (µg/g) of sample is equivalent to parts per million (ppm). |
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Table 6. Pesticide Testing Requirements |
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Targeted Pesticide |
Common Chemical Name |
CAS Number |
Action Level (µg/kg) |
Method Reporting Level (µg/kg) |
Abamectin |
avermectin B1a & avermectin B1b |
71751-41-2 |
500 |
100 |
Azoxystrobin |
azoxystrobin |
131860-33-8 |
200 |
100 |
Bifenazate |
bifenazate |
149877-41-8 |
200 |
100 |
Etoxazole |
etoxazole |
153233-91-1 |
200 |
100 |
Imazalil |
chloramizole |
35554-44-0 |
200 |
100 |
Imidacloprid |
imidacloprid |
138261-41-3 |
400 |
100 |
Malathion |
malathion |
121-75-5 |
200 |
100 |
Myclobutanil |
myclobutanil |
88671-89-0 |
200 |
100 |
Permethrins |
cis-permethrin & trans-permethrin |
52645-53-1 |
200 |
100 |
Spinosad |
spinosyn A & spinosyn D |
168316-95-8 |
200 |
100 |
Spiromesifen |
spiromesifen |
283594-90-1 |
200 |
100 |
Spirotetramat |
spirotetramat |
203313-25-1 |
200 |
100 |
Tebuconazole |
tebuconazole |
80443-41-0 |
400 |
100 |
*Micrograms of pesticide per kilogram (µg/kg) of sample is equivalent to parts per billion (ppb). |
D. Release of batch after testing: A licensed non-profit producer or manufacturer may release an entire batch of dried cannabis or concentrated cannabis derived product for immediate manufacture, sale, or other use, provided that the sample taken from the batch passes the tests required in this section.
E. Procedures for testing: A licensed non-profit producer and a manufacturer shall ensure that the following testing procedures are followed:
Table 7. Minimum Test Sample Size |
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Targeted Parameter |
Sample Matrix |
Analysis Platforms (Instrumentation Used by Lab) |
Minimum Amount Required for Testing (grams) |
Cannabis Potency |
dried usable cannabis |
HPLC, LCMS |
1.0 |
concentrated cannabis-derived products (CCDP) |
HPLC, LCMS |
1.0 |
|
non-concentrated cannabis-derived products (NCCDP) |
HPLC, LCMS |
1.0 |
|
Cannabis Moisture Content |
dried usable cannabis |
n/a |
1.0 |
Mycotoxins |
dried usable cannabis, CCDP, or NCCDP |
HPLC, LCMS, LCMSMS |
1.0 |
Residual Solvents |
CCDP |
GC-FID, GC-PID/FID |
1.0 |
CCDP |
GCMS |
0.5 |
|
NCCDP |
GC-FID, GC-PID/FID |
5.0 |
|
NCCDP |
GCMS |
1.0 |
|
Absence of Salmonella spp. & E. coli |
dried usable cannabis, NCCDP |
Culture, biochemical, antibody, or nucleic acid- based assays shall be validated microbiological methodology such as FDA, USP, AOAC, or equivalent. |
10.0 |
CCDP |
1.0 |
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Total Aerobic Microbial Count |
dried usable cannabis, CCDP, or NCCDP |
Direct culture, indirect culture, or non-culture based. Must be validated microbiological methodology such as FDA, USP, AOAC, or equivalent. |
10.0 (dried usable cannabis and NCCDP) 1.00 (CCDP) |
Total Combined Yeast & Mold Count |
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Bile-tolerant Gram-negative Bacteria |
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Total Coliforms Count |
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Pesticides |
dried usable cannabis |
HPLC, LCMS, LCMSMS |
2.0 |
Heavy Metals |
dried usable cannabis, CCDP, NCCDP |
ICP-MS, FIMS |
0.5 |
Minimum required test size for CCDP = 8 g, Minimum required test sample size for NCCDP = 27.5g, Minimum required test sample size for dried usable cannabis = 25.5 g. Minimum test sample size may change if a validated method is approved by NMDOH MCP |
F. Remediation; subsequent testing: If a sample fails a given test (i.e., if the sample does not measure below the action levels specified in this rule), the non-profit producer or manufacturer (as applicable) shall determine whether remediation is appropriate, and may pursue confirmatory testing at another approved laboratory. In the event that a non-profit producer or manufacturer attempts to remediate cannabis or a cannabis derived product, the batch shall again be sampled and subjected to all of the tests identified in this rule, except those required for heavy metals and pesticides. A batch of usable cannabis that fails a given test and that does not pass the required tests subsequent to remediation conducted in accordance with the terms of this rule, shall be destroyed in accordance with the wastage requirements of this rule. A non-profit producer or manufacturer may remediate cannabis or cannabis derived product in accordance with the following: