New Cannabis Testing Requirements in Massachusetts: What We Know Right Now
By David Ullian, Casey Leaver
Jan 16, 2025
In an effort to address a variety of concerns that have arisen over the past several years related to “lab shopping” for the most favorable cannabis test results, the Massachusetts Cannabis Control Commission (the “Commission”) issued an administrative order last month that imposes new requirements for the compliant testing of marijuana and marijuana products produced and sold in the Commonwealth.
This article provides an overview of the new testing requirements based on the information we have at this time from the Commission’s Administrative Order No. 4 (the “Order”). Additional guidance from the Commission is expected to be issued in the coming weeks, but it is crucial for licensed marijuana businesses and especially Independent Testing Laboratories (ITLs) in Massachusetts to be aware of the new requirements and to begin taking the necessary steps to ensure compliance.
Key Changes to Compliance Testing for Marijuana Products
Test Sample Packages Must be Sent to One Independent Testing Laboratory
Currently, no regulations or protocols explicitly prevent licensees from submitting marijuana product test samples to several different ITLs to test for different components of the required compliance panel under normal circumstances.
Once the Order goes into effect on April 1, 2025, a licensed medical and adult-use cannabis business will be required to submit “Test Sample Packages” to one Independent Testing Laboratory for all compliance testing of marijuana and marijuana products.
A “Test Sample Package” is defined in the Order as “a representative sample of Marijuana or Marijuana Products collected by a Licensee to complete all required compliance panel testing” in accordance with the Commission’s Protocol for the Sampling and Analysis of Finished Marijuana Products and Marijuana Products.
A Licensee is generally prohibited from creating multiple Test Sample Packages from the same marijuana or marijuana product source package for compliance testing panels. However, a Licensee may create one additional Test Sample Package per source package for the purposes of Quality Control Samples.
Subcontracting Testing Services: New Requirements
If the ITL that receives a Test Sample Package (the “Originating ITL”) is not able to complete certain required testing, the ITL is permitted to subcontract with another ITL (the “Subcontracted ITL”) to perform compliance testing.
However, the subcontracting of certain testing services is subject to various requirements, restrictions, and conditions, including the following:
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Before transferring Test Sample Packages to a Subcontracted ITL, the Originating ITL must submit (1) a subcontracting approval form to be developed by the Commission, and (2) a subcontracting agreement with the Subcontracted ITL to the Commission for approval.
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A subcontracting agreement will only be approved if the Original ITL is incapable of performing certain required tests due to one of a limited number of reasons enumerated in the Order, including “a hardship relative to its facilities, instrumentation, personnel, or required consumable materials or in the event of an actual or potential conflict of interest.”
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The Subcontracted ITL must have the ability to conduct full panel compliance testing required by the Commission.
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An Originating ITL cannot subcontract with more than one other ITL at a time.
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The Originating ITL is required to upload all testing results to Metrc within 72 hours of receipt and to ensure that all Certificates of Analysis contain all required testing results, including any testing completed by the Subcontracted ITL.
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Only an Originating ITL may determine if and how subcontracting of testing will be conducted. A Licensee seeking testing services cannot demand or direct an Originating ITL to subcontract compliance testing.
Effective Date and Additional Guidance
The new testing requirements go into effect on April 1, 2025.
The Commission intends to release additional technical or guidance documents to clarify required processes through Metrc in the future, so we should have more details on the implementation of these new requirements in the coming weeks.
Penalties for Non-Compliance
A Licensee’s failure to comply with the requirements and conditions set forth in the Order may result in disciplinary action by the Commission, up to and including a fine, suspension, and/or revocation of licensure, so it is vital for licensed marijuana businesses and Independent Testing Laboratories to be aware of and comply with the Commission’s new testing requirement to avoid committing a regulatory violation and being potentially subject to an enforcement action.
Need Help Navigating Massachusetts’ New Cannabis Testing Rules?
Vicente LLP Boston cannabis attorneys and compliance experts are here to help! If you have any questions or would like to schedule a call with a Vicente team member to discuss the new testing requirements and how they might impact your business, please contact us at boston@vicentellp.com or 617-934-2121.