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§ 36-408. Independent testing laboratories

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: May 3, 2023

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division III. Cannabis [Title 36] (Refs & Annos)
Title 36. Medical and Adult-Use Cannabis (Refs & Annos)
Subtitle 4. Cannabis Licensing (Refs & Annos)
Effective: May 3, 2023
MD Code, Alcoholic Beverages, § 36-408
§ 36-408. Independent testing laboratories
Currentness
Registration of independent testing laboratory
(a)(1) The Administration shall register at least one independent testing laboratory to test cannabis and cannabis products that are to be sold in the State.
(2) The Administration shall hold medical and adult-use cannabis testing to the same standards.
Requirements for registration
(b) To be registered as an independent testing laboratory, a laboratory must:
(1) meet the application requirements established by the Administration;
(2) pay an application fee determined by the Administration; and
(3) meet the standards and requirements for accreditation, inspection, and testing established by the Administration.
Duration of license
(c)(1) An independent testing laboratory license is valid for 2 years on initial licensure.
(2) An independent testing laboratory license is valid for 2 years on renewal.
Authorization to test and transport cannabis
(d) A registered independent testing laboratory is authorized to test and transport cannabis and cannabis products on behalf of cannabis licensees.
Maintenance of impartiality
(e)(1) A laboratory agent or an employee of an independent testing laboratory may not receive direct or indirect financial compensation, other than reasonable contractual fees to conduct testing, from any entity for which it is conducting testing under this title.
(2) An individual who possesses an interest in or is a laboratory agent employed by an independent testing laboratory, or an immediate family member of the individual, may not possess an interest in or be employed by a cannabis licensee.
Testing requirement
(f) Cannabis and cannabis products may not be sold or otherwise marketed under this title if the cannabis or cannabis product has not been tested by an independent testing laboratory and determined to meet the Administration's testing protocols.
Regulations
(g) The Administration shall adopt regulations that establish:
(1) the standards and requirements to be met by an independent testing laboratory to obtain a registration;
(2) the standards of care to be followed by an independent testing laboratory; and
(3) the basis and processes for denial, revocation, and suspension of a registration of an independent testing laboratory.
Inspection
(h) The Administration may inspect an independent testing laboratory registered under this section to ensure compliance with this title and any regulations adopted under this title.
Registration issued by the Natalie M. LaPrade Medical Cannabis Commission
(i)(1) Any registration to operate an independent testing laboratory issued by the Natalie M. LaPrade Medical Cannabis Commission on or before July 1, 2023, shall be valid under this title and shall authorize an independent testing laboratory to perform testing on medical and adult-use cannabis and cannabis products.
(2) The Administration shall convert all independent testing laboratory registrations in accordance with this subsection.

Credits

Added by Acts 2023, c. 254, § 5, eff. May 3, 2023; Acts 2023, c. 255, § 5, eff. May 3, 2023.
MD Code, Alcoholic Beverages, § 36-408, MD AL BEV § 36-408
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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