§1046.4. Testing; sample collection; minimum standards; reporting; remediation

            A.(1) Each licensee authorized to cultivate, extract, process, produce, and transport therapeutic marijuana pursuant to this Part shall comply with approved minimum standards by making each batch of therapeutic marijuana subject to random selection, sampling, and analysis conducted by an independent approved laboratory collector in a volume sufficient to ensure compliance.

            (2) Each therapeutic marijuana laboratory licensed according to this Part shall maintain test results for no less than three years.

            (3) The laboratory shall record test results in the Louisiana Medical Marijuana Tracking System and produce a certificate of analysis to be delivered to the Louisiana Department of Health and licensee permitted to cultivate, extract, process, produce, and transport therapeutic marijuana within twenty-four hours of test completion.

            B. Each batch of medical marijuana finished product shall pass all applicable testing standards, including appropriate microbial and fungal limits, acceptable standards for pesticide chemical residues, appropriate residual solvent and heavy metals limits, homogeneity for concentrates and extracts, and complete active ingredient analysis or potency analysis prior to transportation to a medical marijuana retail permit holder. The administrative rules of the Louisiana Department of Health shall allow for a variance of no greater than plus fifteen percent or minus fifteen percent from the labeled amount of active ingredients in the ingredient analysis or potency analysis.

            C.(1) Neither a licensee nor an approved laboratory authorized pursuant to this Part shall release or approve a therapeutic marijuana product for delivery or sale until a sample from the applicable product batch has complied with all required testing standards.

            (2) A licensee may resubmit to an approved laboratory any sample that fails one or more initial tests required by this Part. The sample may be released for delivery and sale only if it passes all tests conducted by an approved laboratory in duplicate. The sample may be remediated according to any reasonably acceptable industry methods if it fails one or more tests conducted by an approved laboratory.

            (3) Any remediated sample shall pass remediation testing in duplicate prior to approval for delivery and sale.

            (4) A product may be remediated only once, and any product failing remediation testing shall be destroyed within sixty days of the failed test, in addition to the timely destruction of the entire batch from which the sample was collected.

            Acts 2022, No. 491, §1; Acts 2024, No. 150, §1, eff. May 22, 2024; Acts 2024, No. 693, §1, eff. Jan. 1, 2025.