§ 21-28.11-11. Cannabis testing laboratories — Licensure and oversight.
(a) In consultation with the department of health, the commission shall have authority
to promulgate regulations to create and implement all licenses involving cannabis
reference testing requirements, including approval of laboratory proficiency programs
and proficiency sample providers, quality assurance sample providers, round robin
testing and regulations establishing quality control and test standardization, and
create and implement additional types and classes of licensed cannabis testing facilities
in accordance with regulations promulgated hereunder.
(b)(1) The regulations promulgated by the commission shall at a minimum provide for the licensure
and oversight of cannabis testing laboratories, and shall establish testing protocols
for the sampling, testing and analysis of cannabis, finished cannabis and cannabis
products in consultation with the department of health. Such regulations shall be
based on the most recent standards as issued by the United States Pharmacopeial Convention
and shall address sampling and analysis to characterize the cannabinoid profile and
biological and chemical contaminants, including, but not limited to, pesticides, herbicides,
plant growth regulators, metals, microbiological contaminants, and residual solvents
introduced through cultivation of cannabis plants and post-harvest processing and
handling of cannabis, cannabis products and ingredients.
(2) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this
chapter that has not first been tested by a cannabis testing laboratory and determined
to meet the commission's testing protocols issued pursuant to subsection (a) of this
section.
(3) A licensed cannabis testing laboratory shall transport, store, possess, and test cannabis
in compliance with regulations promulgated by the commission. Nothing in this section
shall be construed as authorizing a cannabis testing laboratory to transfer or sell
cannabis to a consumer. A direct sale or transfer from a cannabis testing laboratory
licensee to a consumer is prohibited.
(4) A cannabis testing laboratory shall report any results indicating contamination to
the commission, the department of health and the department of environmental management
within forty-eight (48) hours of identification.
(5) No laboratory agent or employee of a cannabis testing laboratory shall receive direct
or indirect financial compensation, other than such reasonable contractual fees to
conduct such testing, from any entity for which it is conducting testing pursuant
to this chapter.
(6) No individual who possesses an interest in or is a laboratory agent employed by a
cannabis testing laboratory, and no immediate family member of that individual, shall
possess an interest in or be employed by a cultivator, product manufacturer or retail
cannabis establishment.
(c) To qualify for issuance of a cannabis testing laboratory license under this section,
an applicant shall satisfy all qualifications established by the commission to include,
but not be limited to, the following:
(1) Apply for a license in a manner prescribed by the commission;
(2) Provide proof that the applicant is twenty-one (21) years of age or older and is a
resident of the state;
(3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any terms established by the commission;
(4) Provide proof that the applicant is current and in compliance with all obligations
for filings and payments for taxes with the division of taxation;
(5) Provide a nonrefundable application fee as determined by the commission and promulgated
by rules and regulations and apply for a testing license from the commission prior
to testing, processing or transporting cannabis; and
(6) Prior to the issuance of any license and for any period of renewal, the applicant
shall submit an annual license fee as determined by the commission and promulgated
by rules and regulations.
(d) Cannabis testing laboratories shall be responsible for ensuring the following, as
related to laboratory agents:
(1) A laboratory agent shall be registered with the commission prior to volunteering or
working at a cannabis testing laboratory;
(2) A cannabis testing laboratory shall apply to the commission for a registration document
for each affiliated laboratory agent by submitting, at a minimum, the name, address,
and date of birth of the laboratory agent;
(3) A laboratory agent shall undergo a criminal background check pursuant to § 21-28.11-12.1 and on terms established by the commission, prior to volunteering or working at a
cannabis testing laboratory. Laboratory agents shall also have a continuing duty to
notify the commission of any criminal conviction(s) that occur after the issuance
of a registration document. A criminal conviction shall not automatically result in
suspension or revocation of registration, but shall be subject to § 21-28.11-12.1; and
(4) A cannabis testing laboratory shall notify the commission within one business day
if a laboratory agent ceases to be associated with the laboratory, and the laboratory
agent's registration document shall be immediately revoked.
(e) A cannabis testing laboratory and all agents and employees shall comply with all rules
adopted by the commission and all applicable laws.
(f) As a condition of licensing and pursuant to the provisions of § 21-28.11-20, cannabis testing laboratories shall consent and be subject to inspection by the
commission or personnel designated by the commission for the purposes of ensuring
and enforcing compliance with this chapter and all rules and regulations promulgated
pursuant to this chapter, to include, but not be limited to, the provisions of chapter 5 of title 28 (the "fair employment practices act�).
(g) Persons issued cannabis testing laboratory licenses shall be subject to the following:
(1) A licensed cannabis testing laboratory shall notify and request approval from the
commission of any change in his or her name or address within ten (10) days of the
change. A licensed cannabis testing laboratory who fails to notify the commission
of any of these changes shall be subject to an administrative fine of no more than
one hundred fifty dollars ($150) or other penalty as determined by the commission.
(2) When a licensed cannabis testing laboratory notifies the commission of any changes
listed in this subsection, the commission shall issue the licensed cannabis testing
laboratory a new registry identification document after the department approves the
changes and receives from the licensee payment of a fee specified in regulation.
(3) If a licensed cannabis testing laboratory loses his or her license document, he or
she shall notify the commission and submit a fee specified in regulation not to exceed
the amount of one hundred dollars ($100), within ten (10) days of losing the license
document. The commission shall issue a new license with a new random identification
number.
(4) A licensed cannabis testing laboratory has a continuing duty to notify the commission
of any criminal conviction(s) of a laboratory licensee or agent that occurs after
the issuance of a license or registration. A criminal conviction relating solely to
a cannabis offense shall not automatically result in suspension or revocation of a
license, but shall be subject to § 21-28.11-12.1.
(5) If a licensed cannabis testing laboratory violates any provision of this chapter or
regulations promulgated hereunder as determined by the commission, his or her issued
license may be suspended and/or revoked.
(h) Immunity.
(1) No licensed cannabis testing laboratory licensee or agent shall be subject to: arrest;
prosecution; search or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f) of this section; or penalty in any manner, or denied any right
or privilege, including, but not limited to, civil penalty or disciplinary action
by a business, occupational, or professional licensing board or entity, solely for
acting in accordance with this chapter, chapter 28.6 of this title and the rules and
regulations promulgated by the commission.
(2) No principal officers, board members, agents, volunteers, or employees of a licensed
cannabis testing laboratory shall be subject to arrest; prosecution; search or seizure,
except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f) of this section; or penalty in any manner, or denied any right
or privilege, including, but not limited to, civil penalty or disciplinary action
by a business, occupational, or professional licensing board or entity, solely for
working for or with a licensed cannabis cultivator to engage in acts permitted by
this chapter, chapter 28.6 of this title and the rules and regulations promulgated
by the commission.
(3) No state employee or commission member shall be subject to arrest; prosecution; search
or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f) of this section; or penalty in any manner, or denied any right
or privilege, including, but not limited to, civil penalty, disciplinary action, termination,
or loss of employee or pension benefits, for any and all conduct that occurs within
the scope of his or her employment regarding the administration, execution, and/or
enforcement of this chapter, chapter 28.6 of this title and the rules and regulations
promulgated by the commission. The provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.