Section 10. Testing Of Usable Cannabis

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 7.34.4 NMAC 14 the following individual testing requirements, before cannabis derived product from that batch is made available for sale or distribution. A

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 7.34.4 NMAC 14 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: (1) Microbiological test: A non-profit producer shall sample and test dried usable cannabis, and a manufacturer or non-profit producer (as applicable) shall sample and test concentrated cannabis derived products, for microbiological contaminants, using an approved laboratory prior to sale, distribution, or other use. A sample may be deemed to have passed the microbiological test if the sample contains less than each action level set forth in Table 1, Microbiological Testing Requirements, below. Table 1

urer or non-profit producer (as applicable) shall sample and test concentrated cannabis derived products, for microbiological contaminants, using an approved laboratory prior to sale, distribution, or other use. A sample may be deemed to have passed the microbiological test if the sample contains less than each action level set forth in Table 1, Microbiological Testing Requirements, below. Table 1. Microbiological Testing Requirements 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 7.34.4 NMAC 15 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

Count >100 cfu/g or cfu/mL Total Combined Yeast & Mold Count >10 cfu/g or cfu/mL 7.34.4 NMAC 15 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. E. coli and Salmonella results shall be reported as Present or Absent. (2) Mycotoxin test: A non-profit producer shall sample and test dried usable cannabis, and a manufacturer or non-profit producer (as applicable) shall sample and test concentrated cannabis derived products, for mycotoxins, using an approved laboratory prior to sale, distribution, or other use. A sample may be deemed to have passed the mycotoxin test if the total quantity of aflatoxin B1, B2, G1, and G2 and ochratoxin A is collectively less than 20 µg/kg (parts per billion) of the sample. The mycotoxin test shall be conducted in accordance with the testing requirements at Table 2, Mycotoxins Testing Requirements. Table 2

g an approved laboratory prior to sale, distribution, or other use. A sample may be deemed to have passed the mycotoxin test if the total quantity of aflatoxin B1, B2, G1, and G2 and ochratoxin A is collectively less than 20 µg/kg (parts per billion) of the sample. The mycotoxin test shall be conducted in accordance with the testing requirements at Table 2, Mycotoxins Testing Requirements. Table 2. Mycotoxins Testing Requirements Targeted Mycotoxins Chemical Name Abbreviatio n 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 Aflatoxin G1 AFG1 1165-39-5 1.0 Aflatoxin G2 AFG2 7241-98-7 1.0 Ochratoxin Ochratoxin A OTA 303-47-9 1.0 7.34.4 NMAC 16 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). (3) Residual solvent test: A manufacturer or non-profit producer (as applicable) shall sample and test all concentrated cannabis derived products that are manufactured using solvent extraction methods for the presence of solvent residue, using an approved laboratory prior to sale, distribution, or other use. A sample may be deemed to have passed the residual solvent test if the sample contains less than each action level set forth in Table 3, Residual Solvent Testing Requirements. The residual solvent test shall be conducted in accordance with the testing requirements at Table 3. Table 3

ethods for the presence of solvent residue, using an approved laboratory prior to sale, distribution, or other use. A sample may be deemed to have passed the residual solvent test if the sample contains less than each action level set forth in Table 3, Residual Solvent Testing Requirements. The residual solvent test shall be conducted in accordance with the testing requirements at Table 3. Table 3. Residual Solvent Testing Requirements 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- dimethylbenzen e 95-47-6 100 meta-xylene 1,3- dimethylbenzen e 108-38- 3 200 para-xylene 1,4- dimethylbenzen e 106-42- 3 Methyl Alcohol methyl alcohol methanol 67-56-1 100 1000 Isopropyl Alcohol isopropanol 2-propanol 67-63-0 200 1000 Methylene Chloride methylene chloride dichloromethan e 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" 7.34.4 NMAC 17 Note: The isomers meta-xylene and para-xylene cannot be separated chromatographically, so they are reported as a pair. *Micrograms solvent per gram of sample (µg/g) is equivalent to parts per million (ppm)

gnificant 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" 7.34.4 NMAC 17 Note: The isomers meta-xylene and para-xylene cannot be separated chromatographically, so they are reported as a pair. *Micrograms solvent per gram of sample (µg/g) is equivalent to parts per million (ppm). (4) Potency test: A non-profit producer shall sample and test all dried usable cannabis, and a non-profit producer or manufacturer (as applicable) shall sample and test all concentrated cannabis derived products, for quantity of tetrahydrocannabinol (THC, tetrahydrocannabinolic acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), and also for THC potency and CBD potency, using an approved laboratory prior to sale, distribution, or other use. A non-profit producer may, at the producer’s option, also test for quantity of cannabinol (CBN), cannabigerolic acid (CBGA), cannabigerol (CBG), cannabichromene (CBC), tetrahydrocannabivarin (THCV), and cannabidivarin (CBDV). The potency test shall be conducted in accordance with the testing requirements at Table 4, Potency Testing Requirements. Table 4. Potency Testing Requirements 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 a

tency = 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. 7.34.4 NMAC 18 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. (5) Heavy metal test: A non-profit producer shall sample and test all dried usable cannabis, and a non-profit producer or manufacturer (as applicable) shall sample and test all concentrated cannabis derived products, for heavy metals, using an approved laboratory, prior to sale, distribution, or other use. A sample may be deemed to have passed the heavy metals test if the sample contains less than each action level set forth in Table 5, Heavy Metal Testing Requirements. The heavy metals test shall be conducted in accordance with the testing requirements at Table 5. Table 5

ncentrated cannabis derived products, for heavy metals, using an approved laboratory, prior to sale, distribution, or other use. A sample may be deemed to have passed the heavy metals test if the sample contains less than each action level set forth in Table 5, Heavy Metal Testing Requirements. The heavy metals test shall be conducted in accordance with the testing requirements at Table 5. Table 5. Heavy Metal Testing Requirements 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). (6) Pesticide test: A non-profit producer shall sample and test all dried usable cannabis, and a non-profit producer or manufacturer (as applicable) shall sample and test all concentrated cannabis derived products, for pesticide content using an approved laboratory prior to sale, distribution, or other use. A sample may be deemed to have passed the pesticide test if the sample contains less than each action level set forth in Table 6, Pesticide Testing Requirements. The pesticide test shall be conducted in accordance with the testing requirements at Table 6. Table 6. Pesticide Testing Requirements 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

oxazole 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). (7) Moisture content test: A non-profit producer shall sample and test all dried usable cannabis for moisture content using an approved laboratory prior to sale, distribution, or other use. 7.34.4 NMAC 19 (8) Random testing of finished cannabis derived products: A non-profit producer or manufacturer that manufactures a cannabis derived product shall establish a schedule for, and shall conduct, random sampling and testing of finished, non-concentrated cannabis derived products, including but not limited to edible cannabis derived products, as follows: (a) The non-profit producer or manufacturer shall randomly select and sample at and at least one percent of all non-concentrated cannabis derived product batches manufactured every week (and no less than one batch); (b) The non-profit producer or manufacturer shall apply the sampling and testing standards that otherwise apply under this rule to dried cannabis and concentrated cannabis derived products; and (c) In the event that a sample fails any of the required tests, the batch shall not be sold, distributed, or otherwise used, unless remediated in accordance with the remediation standards of this rule. (9) Additional testing: The department may require additional testing of cannabis and cannabis derived products by non-profit producers and manufacturers, as it deems appropriate. D

ed products; and (c) In the event that a sample fails any of the required tests, the batch shall not be sold, distributed, or otherwise used, unless remediated in accordance with the remediation standards of this rule. (9) Additional testing: The department may require additional testing of cannabis and cannabis derived products by non-profit producers and manufacturers, as it deems appropriate. 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: (1) sampling and segregation: a licensed non-profit producer or manufacturer shall remove a sample of no less than the quantities of cannabis or cannabis derived product specified in Table 7, Minimum Test Sample Size, from every batch, and shall transfer the sample to an approved laboratory for testing; the remainder of the batch of dried, usable cannabis or concentrated cannabis-derived product shall be segregated until the licensed non-profit producer receives the results of laboratory testing report and determines whether the batch meets the testing requirements of this rule; Table 7. Minimum Test Sample Size 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

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 7.34.4 NMAC 20 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 Bile-tolerant Gram- negative Bacteria Total Coliforms Count 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 (2) sample selection: a non-profit producer and manufacturer shall collect and submit samples for testing that are representative of the batch being tested; the department may order that a non-profit producer or manufacturer modify its sampling collection practices if it has reason to believe that samples that were previously collected were not representative of an associated batch; (3) documentation: a non-profit producer and a manufacturer shall appropriately document the sampling and testing of all dried cannabis and concentrated cannabis-derived product, and shall utilize a department approved laboratory for the purpose of testing usable cannabis; (4) preservation and inspection of testing records:

were previously collected were not representative of an associated batch; (3) documentation: a non-profit producer and a manufacturer shall appropriately document the sampling and testing of all dried cannabis and concentrated cannabis-derived product, and shall utilize a department approved laboratory for the purpose of testing usable cannabis; (4) preservation and inspection of testing records: a licensed non-profit producer and a manufacturer shall maintain all results of laboratory tests conducted on cannabis or cannabis derived products produced by the licensed non-profit producer or manufacturer or their contractor for a period of at least two years, and shall make those results available to qualified patients and primary caregivers enrolled in the medical cannabis program upon request; and (5) disciplinary action: repeated failure to pass testing may result in the imposition of disciplinary action(s) by the department, consistent with this rule. 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

duct, 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: (1) Dried usable cannabis: A non-profit producer may remediate dried usable cannabis that has failed a microbiological test, by utilizing extraction or distillation methods that remove or reduce contaminants in the batch such that a subsequent sample from the batch measures within the action levels of a required test. A non-profit producer may not remediate dried usable cannabis that fails any other test required by this rule; (2) Cannabis derived product: A non-profit producer or manufacturer (as applicable) may remediate a non-edible cannabis derived product (including concentrated product) that has failed a microbiological test or residual solvent test by utilizing extraction or distillation methods that remove or reduce contaminants in the batch such that a subsequent sample from the batch measures within the action levels of a required test. A non- profit producer or manufacturer may not remediate non-edible cannabis derived product that fails any other test required by this rule. (3) Edible cannabis derived product: A non-profit producer or manufacturer may not remediate an edible cannabis derived product. Edible cannabis derived products include brownies, cookies, candies, and similar finished products intended for human consumption

A non- profit producer or manufacturer may not remediate non-edible cannabis derived product that fails any other test required by this rule. (3) Edible cannabis derived product: A non-profit producer or manufacturer may not remediate an edible cannabis derived product. Edible cannabis derived products include brownies, cookies, candies, and similar finished products intended for human consumption. (4) Notice and wastage: If the batch of usable cannabis cannot be remediated such that the sample measures within the action levels of a required test, the non-profit producer or manufacturer shall notify the 7.34.4 NMAC 21 department 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 tracked in an electronic system specified by the department. (5) Testing and remediation protocols: A non-profit producer and a manufacturer shall adopt and maintain on the premises protocols regarding sampling, sample testing, remediation, and retesting, consistent with this rule. [7.34.4.10 NMAC - Rp, 7.34.4.9 NMAC, 6/23/2020] 7.34.4.11 WASTAGE OF CANNABIS; PERMITTED METHODS: A non-profit producer or approved entity that wastes usable cannabis or cannabis plants shall do so by rendering the cannabis unusable and unrecognizable, in accordance with the requirements of this rule, prior to removal from licensed premises. The wastage of usable cannabis and cannabis plants shall be documented by the non-profit producer or approved entity, shall be tracked by batch, and shall be recorded in an electronic tracking system specified by the department. Wastage of usable cannabis or cannabis plants shall occur only within the licensee’s ordinary business hours. A non-profit producer or approved entity shall dispose of wasted cannabis and shall not attempt to incorporate wasted cannabis products into any product intended for consumption. A

hall be tracked by batch, and shall be recorded in an electronic tracking system specified by the department. Wastage of usable cannabis or cannabis plants shall occur only within the licensee’s ordinary business hours. A non-profit producer or approved entity shall dispose of wasted cannabis and shall not attempt to incorporate wasted cannabis products into any product intended for consumption. A. Permitted methods of wastage: Wastage of cannabis and cannabis derived products shall be accomplished by the following permitted methods: (1) Dried usable cannabis: wastage of dried usable cannabis or cannabis plants shall be accomplished by grinding and incorporating the cannabis into other ground material, such as soil, compost material, or leaf and yard waste, so that the resulting mixture is at least fifty percent non-cannabis material by volume; (2) Non-liquid cannabis derived product: wastage of non-liquid cannabis derived products shall be accomplished in the same manner as the wastage of dried usable cannabis; and (3) Liquid cannabis derived product: Wastage of cannabis derived liquids shall be accomplished by mixing the liquid with absorbent material such as cat litter, sand, plastic waste, or sawdust, such that the liquid is fully absorbed into the material. B. Disposal of wasted cannabis: Disposal of wasted cannabis and cannabis products shall be conducted in accordance with all applicable waste disposal laws, including but not limited to hazardous waste disposal laws (as applicable). C. Holding time: Usable cannabis and cannabis plants that a licensee intends to waste shall be held in a secured designated holding area for a minimum of 72 hours prior to being wasted. A licensee shall affix to each batch that is held for wasting documents that record information concerning the batch, including batch number or code, plant number, and weight. The batch to be wasted shall not be handled, moved, or wasted during the 72 hour period, unless by specific instruction of the department

in a secured designated holding area for a minimum of 72 hours prior to being wasted. A licensee shall affix to each batch that is held for wasting documents that record information concerning the batch, including batch number or code, plant number, and weight. The batch to be wasted shall not be handled, moved, or wasted during the 72 hour period, unless by specific instruction of the department. Cannabis that is intended to be wasted may be subject to inspection by the department or its designee. D. Documentation of wastage; retention: A licensee shall record the wastage of usable cannabis and cannabis plants, including batch number, weight, plant number, the name of the receiving solid waste facility, dates of wastage and disposal, and any test results associated with a wasted batch, using an electronic system specified by the department, and shall deduct any wasted usable cannabis or cannabis plants from the licensee’s inventory. The electronic record shall be retained for no less than two years following the disposal. A licensee shall additionally document the wastage of any usable cannabis or cannabis plants using a video recording, and shall retain the video recording of the destruction for no less than 120 days. A licensee shall make the video recording of the destruction available for the department’s inspection and copying upon the department’s request. E. Notice to department: A non-profit producer or manufacturer shall notify the department of the wastage of usable cannabis within five business days of the wastage. [7.34.4.11 NMAC - N, 6/23/2020] 7.34.4.12 DEPARTMENT TESTING; QUALITY ASSURANCE; RANDOMIZED TESTING; COMPLAINT PROCEDURE: A. Quality assurance testing by the department: The department may within its discretion conduct quality assurance sampling and testing of usable cannabis, and may require a producer or a manufacturer to provide samples of usable cannabis for this purpose

s days of the wastage. [7.34.4.11 NMAC - N, 6/23/2020] 7.34.4.12 DEPARTMENT TESTING; QUALITY ASSURANCE; RANDOMIZED TESTING; COMPLAINT PROCEDURE: A. Quality assurance testing by the department: The department may within its discretion conduct quality assurance sampling and testing of usable cannabis, and may require a producer or a manufacturer to provide samples of usable cannabis for this purpose. The department may additionally adopt and enforce a randomized testing schedule for the sampling and testing of usable cannabis. The department may prohibit the sale or distribution of usable cannabis that is determined by the department to contain prohibited levels of contaminants, or that is found to have been improperly tested, or may require remediation of such usable cannabis that is consistent with the remediation standards of this rule. 7.34.4 NMAC 22 B. Complaints: If the department or its designee receives a complaint regarding the presence of mold, bacteria, or another contaminant in usable cannabis produced by a non-profit producer, a manufacturer, or patient who holds a personal production license, or if the department or its designee has reason to believe that the presence of bacteria physical, microbiological, chemical, or other contaminant may jeopardize the health of a patient, the department or its designee may conduct an unannounced visit to the producer or manufacturer and may require the producer or manufacturer to provide samples of medical cannabis for testing by the department. Producers and manufacturers shall bear the cost of any testing required by the department. C. Department sampling and testing requirements: Medical cannabis program employees and their designees may possess medical cannabis samples for the sole purposes of testing or transport to a testing facility

e the producer or manufacturer to provide samples of medical cannabis for testing by the department. Producers and manufacturers shall bear the cost of any testing required by the department. C. Department sampling and testing requirements: Medical cannabis program employees and their designees may possess medical cannabis samples for the sole purposes of testing or transport to a testing facility. The department or its designee shall comply with the following testing requirements: (1) the department or its designee shall maintain chain of custody documentation for any medical cannabis samples taken; (2) a written receipt shall be given to the producer or manufacturer for all testing samples; (3) all testing samples shall be placed into a sealed container and clearly labeled; (4) all testing samples shall be tested by the department or a designated testing facility; and (5) the quantity of cannabis that is gathered by the department from a producer or manufacturer for testing purposes shall not exceed the applicable sample sizes identified in Table 7.