§ 28-B §605 — Additional testing not required

Notwithstanding section 602, a licensee may sell or furnish to a consumer adult use cannabis or an adult use cannabis product that the licensee has not submitted for testing in accordance with this subchapter and rules adopted pursuant to this subchapter if:
1.
Prior testing.
The cannabis or cannabis product has previously undergone testing in accordance with this subchapter and rules adopted pursuant to this subchapter at the direction of another licensee and that testing demonstrated that the cannabis or cannabis product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required;
2.
Proper documentation.
The mandatory testing process and the test results for the cannabis or cannabis product are documented in accordance with the requirements of this chapter and all applicable rules adopted pursuant to this chapter;
3.
Tracking maintained.
Tracking from immature cannabis plant to the point of retail sale has been maintained for the cannabis or cannabis product and transfers of the cannabis or cannabis product to another licensee or to a consumer can be easily identified; and
4.
No subsequent processing, manufacturing or alteration.
Since the performance of the prior testing under subsection 1, the cannabis or cannabis product has not undergone any further processing, manufacturing or alteration that would result in an increase in the concentration of any contaminants or factors identified in section 602, subsection 1 or in any rules adopted by the office pursuant to that section.

Legislative History

PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 612, §§3, 4 (AMD). PL 2021, c. 669, §5 (REV). PL 2023, c. 679, Pt. B, §120 (AMD).