Oklahoma Administrative Code
Title 35 - Oklahoma Department of Agriculture, Food, and Forestry
Chapter 30 - Consumer Protection
Subchapter 24 - Oklahoma Industrial Hemp Program
Section 35:30-24-11 - Inspection and testing

Universal Citation: OK Admin Code 35:30-24-11

Current through Vol. 42, No. 1, September 16, 2024

(a) The Department shall utilize an evidence gathering methodology approved by the United States Department of Agriculture for the inspection of cultivation sites and the collection of industrial hemp test samples.

(b) Analytical testing for purposes of detecting the concentration levels of delta-9 tetrahydrocannabinol (THC) shall be conducted and reported by a laboratory registered with DEA to handle controlled substances under the Controlled Substances Act (CSA), 21 CFR part 1301.13.

(c) Analytical testing for purposes of detecting the concentration levels of delta-9 tetrahydrocannabinol (THC) shall be conducted in accordance with USDA's current Testing Guidelines for Identifying Delta-9 Tetrahydrocannabinol (THC) Concentration in Hemp. Testing shall meet the following standards:

(1) Analytical testing of samples for delta-9 tetrahydrocannabinol concentration shall use post-decarboxylation or other similarly reliable methods;

(2) Testing methodology shall account for the potential conversion of delta-9 tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol (THC) and the test results shall reflect the total available THC derived from the sum of the THC and THCA content;

(3) Total delta-9 tetrahydrocannabinol concentration level shall be determined and reported on dry weight basis;

(4) A measurement of uncertainty shall be estimated and reported with the lab results. The laboratory shall use appropriate, validated methods and procedures for all testing activities and evaluate measurement of uncertainty; and

(5) Quantitative determination of THC levels measured using liquid chromatography with ultraviolet detection (LC-UV) or mass spectral detection if required by matrix interference (LC/MS/MS) shall be the accepted analytical technique to avoid the risk of incomplete decarboxylation, therefore, removing the need for any post-decarboxylation.

(d) The Department shall inspect and take samples from any cultivation site and mature Cannabis sativa L. plants located thereon, as follows:

(1) Within thirty (30) days prior to the anticipated harvest of cannabis plants, a sample from the flower material shall be collected to determine the total delta-9 tetrahydrocannabinol concentration;

(2) The Department shall send notification of routine inspections to the licensee and subcontractor, if applicable, describing the date, time, scope, and process of routine testing. The licensee, subcontractor, or representative shall be present during routine inspections and grant unrestricted access to the Department;

(3) The Department may conduct unannounced inspections and collect samples from any cultivation site during regular business hours without advance notice; and

(4) A producer shall not harvest the cannabis plants prior to collection of samples.

(e) Industrial hemp test samples collected by the Department during routine or unannounced inspections shall be tested to verify that the delta-9 tetrahydrocannabinol concentration of industrial hemp does not exceed 0.3% on dry weight basis.

(f) Industrial pre-harvest hemp sampling shall be conducted according to the Department standard field operating procedures.

(g) The licensee shall pay the hourly inspection fees and laboratory analysis costs for any routine and unannounced inspections within thirty (30) days after receiving an invoice from the Department.

(h) The Department shall waive all hourly inspection fees and laboratory analysis costs for an unannounced inspection if no violations or inconsistencies are identified by the Department.

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