Required Analyte Types for Mandatory Testing

Title 28-B, Subchapter 6 establishes the statutory guidelines for the testing of adult use cannabis and cannabis products in Maine. The Office of Cannabis Policy (OCP) has implemented testing-related administrative rules in 18-691 C.M.R. ch. 1 and 18-691 C.M.R. ch. 5. In addition, the Maine Legislature contemplated the importance and unique challenges of a cannabis testing program and provided OCP with discretion to assess the capability and capacity of the testing system when implementing mandatory testing.

With that in mind, OCP will be adding a seventh category of analytes for which testing will be mandatory. Beginning on Friday, October 1, 2021, cannabis and cannabis products to be transferred from one licensee to another, as applicable, will be subject to mandatory testing for residual solvents.

Note: Testing for residual solvents is not mandatory for cannabis seedlings and immature cannabis plants for sale to consumers. Testing for residual solvents is not required for cannabis flower, trim, kief, hashish, or cannabis products that have not been manufactured using chemical solvents.

As of October 1, 2021, the seven required analyte categories will be:

1. Filth and foreign materials
2. Dangerous molds and mildews
3. Harmful microbes
4. THC potency, homogeneity and cannabinoid profiles
5. Water activity and moisture content
6. Other harmful chemicals (metals, including cadmium, lead, arsenic, and mercury)
7. Residual solvents

OCP reminds licensees that batches of cannabis or cannabis products that fail mandatory testing for residual solvents may be remediated in accordance with 18-691 C.M.R. ch. 5 and all applicable rules and guidance issued by our office[1]. A remediated batch that previously failed a test due to exceeding the action levels for residual solvents must be retested for solvents. The batch must be destroyed when it is either not remediated or a sample from the remediated batch fails testing.

Licensees are also reminded that they may, at any time, submit samples of cannabis or cannabis products for research and development purposes. Testing for research and development purposes may not be used to satisfy mandatory testing requirements but may provide helpful information to licensees regarding their cultivation and manufacturing processes.

Cannabis Testing Facilities with questions about mandatory testing may contact the office by phone at (207) 287-3282.