The California Assembly passed a bill that provides manufacturers and testing labs with some flexibility for product failures. The bill increases the variance allowed for THC content in an edible serving and permits testing labs to retest if there is a system failure or human error.
The bill increases the permitted variance for THC content in an edible serving to be plus or minus 12% until January 1, 2022 and plus or minus 10% THC after January 1, 2022. Current testing requirements allow the THC content in edibles to be plus or minus 10% from the 10 milligrams limit. Cannabis products that fail must be destroyed.
The bill also provides some flexibility in the testing process. Testing labs can amend minor errors on the certificate of analysis. They will also be able to retest products that failed due to system failures or human error. In order to retest a product, the testing lab will need authorization from the Bureau of Cannabis Control.
The bill was introduced to help the legal market to compete with the black market. The legislative analysis indicates that human error and problems in the testing process lead to increased cost and waste.
California’s legislation this session appears to be easing pain points in the industry that prevent it from effectively competing against the black market. This is good news for the industry as it struggles under high taxes and complicated regulations.