51.08.030 Requirements for Testing

(a) All analytical testing done on samples collected by the Commission to test the concentration levels of THC for compliance purposes must, at a minimum:

(1) Be done at a DEA registered laboratory that uses validated methods and procedures for all testing activities, or at laboratory that adheres to the standards of performance as outlined within the USDA Interim Final Rule of October 31, 2019, including the requirement to test for total THC employing post-decarboxylation or other similarly reliable methods;

(2) Use post decarboxylation or other similarly reliable methods that meet applicable federal and Tribal standards, reliable methods include, but are not limited to gas or liquid chromatography with detection;

(3) Consider the potential conversion of THCA in hemp into THC and the test result must reflect the total available THC derived from the sum of the THC and THCA content.

(4) Determine the THC concentration level on a dry weight basis;

(5) Ensure Samples of hemp plant material from one cultivation site shall not be commingled with hemp plant material from other cultivation sites;

(6) Be sufficient at a confidence level of 95 percent that no more than one percent of the plants in the cultivation site would exceed the acceptable hemp THC level; and

(7) Include the estimated measurement of uncertainty in the report.

(b) Any sample test result exceeding the acceptable hemp THC level shall be conclusive evidence that the cultivation site represented by the sample is not in compliance with this title.