374 Labs Only ISO Accredited Cannabis Lab in Nevada

Sparks, Nev., December 8, 2016, FOR IMMEDIATE RELEASE -- 374 Labs, a Nevada state-certified cannabis testing laboratory, received ISO 17025 accreditation in December, making it the first and only cannabis laboratory in the state to receive the prestigious accreditation.

"As Nevada transitions into an adult-use marijuana market, it's very important that the state's cannabis testing laboratories are held to the highest standards - and ISO 17025 is a requirement of top testing laboratories in all industries from biotech to forensics in most major countries," said Dr. Jeff Angermann, assistant professor in the University of Nevada, Reno's School of Community Health Sciences.

374 Labs continues to lead the charge for accurate and consistent cannabis testing in Nevada, and was the driving force in starting Nevada's medical marijuana laboratory round-robin testing program. Nevada's round robin program is jointly administered by the Nevada Division ofPublic and Behavioral Health (DPBH) and the Nevada Department of Agriculture (NDA) and is unique in that is takes actual marijuana samples and has each state cannabis lab perform a full sample analysis, comparing results among labs to ensure consistency throughout the testing process.

"In other states proficiency involves testing pre-prepared, purified samples and neglects the challenges of coaxing out delicate analytes from the complex array of compounds found in actual marijuana," said Laboratory Director Jason Strull. "I commend the DPBH and NDA for facilitating such an advanced quality program."

Another area of cannabis safety that 374 Labs has contributed to in Nevada is the organic-style certification of cannabis. 374 Labs has partnered with the nationally-recognized Clean Green program to provide inspections for facilities seeking Clean Green certification. Clean Green takes the requirements of USDA organic certification and applies them to the cannabis industry.

"Nevada allows certain levels of pesticides like Myclobutanil on its certified marijuana, so we wanted a way for patients and consumers to able to distinguish marijuana that is grown using organic methods," said Laboratory Director Jason Strull.

374 Labs is a medical marijuana independent testing laboratory located in Sparks, Nevada. 374 Labs certified the first medical cannabis available for sale at Nevada dispensaries and pioneered the standard method for potency analysis through its nationally published application note with equipment partner Quantum Analytics. 374 Labs is committed to safety, compliance and convenience in laboratory testing.

Contact: Michael Seibert, michael@374labs.com, 1-844-374-5227

Nevada Potency labeling & extract testing requirements up for major changes

Three issues dominated discussion at the December 2 ILAC meeting in Carson City: Potency testing/labeling, issuance of a formal residual solvents policy, and proposed requirements for extract testing.

Potency Testing/Labeling
The ILAC committee made a motion to require all labs to report potency values on an "as received" basis, meaning that labs may no longer use a dry weight basis to report values. This was proposed so that test results reflect the water content of flower at the time of testing, thereby more accurately specifying potency of product that patients will receive at dispensaries. While this "as received" reporting approach typically results in a lower reported percentage of cannabinoid content by weight, it will allow patients to more accurately dose and administer their medication.  

The committee also pushed through a measure to require uniform reporting and labeling of potency results across the state. In the current environment, MMEs pick and choose THC label values in an uncoordinated manner that is often dependent on the way in which specific labs report product THC content on their Certificate of Analysis (COA). This usually results in dispensary selection of either the highest value present on the COA, or selection of a combination of values, making it impossible for patients to compare product labels. The example below illustrates the means by which identical results can be manipulated to give inflated THC levels: 

(Total Potential THC Formula= (%THCA*0.877)+ %THC )

The proposed ILAC motion will allow COA reporting of individual cannabinoids only, thereby precluding “Total”-type calculations to be reported. Labeling products with "Total THC" values would no longer be permitted. This will put the onus on dispensaries to educate patients as to what each value means for potency, which in turn depends on how the patient intends to use the product.  

Residual Solvents Testing
The Division released the Residual Solvents policy at the meeting. The approved solvents established by the state are butane, isobutane, heptanes, and propane. All solvents must be 99% purity or higher. The limits set by the state are as follows:
 

SubstanceAcceptable LimitsProduct to be Tested

Approved Solvents FOR ALL SOLVENT BASED CONCENTRATES

Butanes<500 Parts Per Million (PPM)

Heptanes<500 Parts Per Million (PPM)

Propane<500 Parts Per Million (PPM)


A link to the complete policy can be found here


As has been the topic of discussion in many states around the country, extraction processes often concentrate contaminants such as pesticides and metals in the final extract. In order to provide patients with safer product and to avoid unnecessary testing, or "double dipping", the ILAC committee proposed moving the full testing requirements for (flower and trim destined for extraction) to the final extracted product. The Division indicated this would not likely be an issue changed by policy, but would rather require a more time-consuming and arduous change to statute.

Thank you for your support and interest. If there is anything we can help with, or if you have questions or concerns, please contact us.

Best regards,
The 374 Labs Team

1-844-374-5227(LABS)



374 Labs offers Clean Green organic certification in Nevada, Residual solvent policy discussed

ILAC Update
The Independent Laboratory Advisory Committee (ILAC) meeting held on October 7th focused on the Nevada Division of Public and Behavioral Health's (DPBH) newly drafted residual solvent policy. The policy, once finalized, will provide state certified labs with requirements on which residual solvents to test for as well as the allowable limits for a passing test of solvent-extracted product. Until this policy is finalized, individual labs have been given leeway to certify extracts at their own discretion - a lack of regulatory standardization that leaves the true meaning of a "passed" test result unknown.

Upon reviewing the draft policy, industry stakeholders recommended:

  • Stricter allowable concentration limits for approved solvent residues
  • Removal of certain solvents from the monitoring list that would increase testing cost without improving safety
  • An increase in the purity level of the solvents allowed for use

DPBH will review the recommendations and issue a final policy. The draft policy and meeting minutes can be found on the DPBH Website.

Clean Green Organic Certification


374 Labs has entered into a partnership with Clean Green as the exclusive 3rd-party inspector offering Clean Green certifications in Nevada. The Clean Green Certification Program is the only nationally recognized, qualified and non-conflicted agricultural certification program that supports sustainable practices and environmental stewardship for cannabis.

The Clean Green Certified program is comprised of three parts: a legal compliance review, a review of the manner in which the medicine is grown, and a standard agricultural crop inspection. Taken together, the program helps to ensure a grower’s legal compliance as well as distinguishing the quality of the product from others by using the Clean Green logo on packaging and other marketing information.

According to Nevada regulation NAC 453A.504:

"Labeling as “organic.” (NRS 453A.370)  A cultivation facility or facility for the production of edible marijuana products or marijuana-infused products shall not label usable marijuana, edible marijuana products or marijuana-infused products as “organic” unless the marijuana plants used are produced, processed and certified in a manner that is consistent with the national organic standards established by the United States Department of Agriculture in accordance with the Organic Foods Production Act of 1990." 

Clean Green is a USDA accredited organic certification company having experience in both cannabis and standard agriculture and is able to certify that a facility does in fact cultivate under conditions "consistent with the National Organic Program (NOP)."

Thank you for your support and interest. As always, we are here to help you succeed. Please contact us with questions or concerns.


Best regards,
The 374 Labs Team
1-844-374-5227

374 Labs passes third party proficiency test

Accurate test results are paramount in any laboratory setting. As the State of Nevada continues to develop a proficiency testing program, 374 Labs elected to participate in, and has recently completed, an independent third party proficiency examination through Emerald Scientific.

The Emerald Test®, offered semiannually, is an ISO 17043 accredited proficiency program intended to standardize the accuracy and reporting of potency results across the industry. The goal of the Emerald Test®, as stated on their website, is “Consistent, accurate and quantifiable lab test results expected by state agencies, dispensaries, growers and consumers.  Without it, confidence at all levels will be eroded.”  The single-blind sample submitted to participating laboratories consists of a cannabinoid matrix bearing unknown quantities of THC, THC-A, CBD and CBN. Participating labs must analyze this sample and report results directly to Emerald Scientific.

374 Labs participated in the 2015 round of potency proficiency testing and earned the Emerald Certificate on the first attempt.
 
The results reported by 374 Labs were within ± 2% of the actual value for the sample. What does a ± 2% rating really mean? An accuracy rating of 2% is based on percentage deviation of the reported analytical result from the real value of the sample, not deviation of absolute weight percent. For example, if the actual THC concentration in the sample was 20% by weight, a 2% accuracy rating would entail a reported analytical result between 19.6% - 20.4%. A paper published by the Society of Cannabis Clinicians in 2011 regarding the accuracy of potency testing found the range of reported results among cannabis labs participating in  a ring test to be 20%, which, when applied to the above hypothetical true THC concentration, would result in reported analytical results between 16% - 24%. A link to the complete paper regarding the accuracy of potency testing can be found here:

http://www.canorml.org/RingTestOShaughnessys_Aut11.pdf

While no proficiency program has yet been implemented in the State of Nevada for potency, or for any other required assays, 374 Labs remains committed to offering the highest level of service to its customers and patients.

For additional detail on The Emerald Test® please visit:

http://www.theemeraldtest.com/ 

Attached please find a link to a recent article in the Reno Gazette Journal regarding 374 Labs:

http://www.rgj.com/story/news/2015/09/02/pot-testing-lab-puts-safety-first-northern-nv-supply/71604596/
 

Thank you for your support and interest. We look forward to discussing more progress in the coming weeks.  As always, we are here to help you succeed. If there is anything we can help with, or if you have questions or concerns, please contact us.


Best regards,
The 374 Labs Team

374 Labs certifies first medical marijuana samples in Nevada

Friday July 31st marked the first legal sale of medical marijuana in the State of Nevada with the opening of Silver State Relief’s dispensary in Sparks.

Having certified Silver State Relief’s product, 374 Labs is proud to be the first marijuana laboratory in Nevada to certify medical marijuana for sale. As part of the state’s medical marijuana program, all medical cannabis must be tested by a state certified laboratory prior to being sold to patients. 374 Labs worked with Silver State Cultivation to analyze nine batches of medical marijuana for their grand opening last Friday. The state of Nevada requires eight assays to be performed on all medical marijuana flower that will be sold in the state, including visual inspection, moisture content, heavy metals screening, microbial screening, mycotoxin screening, terpene profiling, cannabinoid profiling, and pesticide residue determination.

Until late July 2015, the Nevada Department of Public and Behavioral Health and the Nevada Department of Agriculture were still working on developing the final pesticide monitoring list. This uncertainty left laboratories and the industry as a whole in a holding pattern awaiting clarification of the regulations. With the final pesticide policy in place, 374 Labs was able to validate pesticide analytical methods using a combination of Liquid Chromatography / Mass Spectrometry-Mass Spectrometry (LC-MS/MS) and Gas Chromatography / Mass Spectrometry (GC-MS).

374 Labs will disseminate an updated newsletter pertaining to the State’s testing policy following the ILAC meeting scheduled for Wednesday August 5th.
Attached please find a link to a recent article in the Reno Gazette Journal regarding the dispensary opening:


http://www.rgj.com/story/news/2015/07/29/states-first-medical-marijuana-dispensary-open-friday/30863209/ 

 

Thank you for your support and interest. We look forward to discussing more progress in the coming weeks.  As always, we are here to help you succeed. If there is anything we can help with, or if you have questions or concerns, please contact us.


Best regards,
The 374 Labs Team

ILAC update: NV Legislative Bills Analyzed, Pesticide Requirements Unclear, Proficiency Testing Under Development.

The sixth Nevada State Independent Laboratory Advisory Committee (ILAC) meeting met Wednesday in Carson City. The Agenda covered proficiency testing and several bills that were passed by the Nevada Legislature in the last week of the 2015 Nevada Legislative Session. While the May ILAC meeting clarified testing requirements, ostensibly allowing labs to move forward with testing, the outlook for Nevada MMEs is uncertain after July 1st, when new legislation, Senate Bill 447, goes into effect. Key points from the June 3, 2015 ILAC meeting included:
 
SB 447 and Pesticides

What happened: SB 447 was enrolled and delivered to the Governor on May 30th. The bill will become law unless vetoed by the Governor, which is not expected. The bill was brought forward by law enforcement for the regulation of concentrated cannabis but through the legislative process was saddled with several amendments including: (1) Authorization for MMEs to relocate within the same jurisdiction, (2) authorization for an MME to transport medical marijuana to another MME or contract with a third party for transportation services. and (3) delegation of the establishment and publication of a pesticide list for use on medical marijuana to the Nevada Department of Agriculture (NDA). Section 27 of the statute authorizes use of the following substances as pesticides on medical marijuana:

  • Substances exempt from registration pursuant to 40 C.F.R. § 152.25 (i.e., the 25(b) list); or
  • Crop group 19 pesticides, as defined in 40 C.F.R. § 180.41(c)26, hops or unspecified crops or plants.

The NDA is also required to accept requests to add pesticides to the list. Based on comments from the Division, it appears this statute will supersede the current pesticide policy and limits published by the Division, effective July 1st 2015.
 
What it means for MMEs:

The NDA was not present at the meeting to directly comment on Senate Bill 447 and the pesticide issue. However, information provided by officials during the ILAC meeting, it seems the NDA may not be willing or able to publish an approved list of pesticides for use on medical marijuana. Based on the information presented, the NDA is regulated by the Environmental Protection Agency and is unable to make any “off label” recommendations for pesticides that are not specifically approved by the EPA for marijuana. Currently, the EPA does not identify any pesticides for use on marijuana, making any substance, including those identified in Section 27 of the new statute, illegal.  Should the NDA decide not to publish a list, this could leave both cultivators and laboratories unable to certify or sell product effective July 1st.

This revelation causes significant concern as it could potentially delay the certification and sale of patient medication. Our hope is that the NDA and the Division are able to quickly develop a pesticide plan which allows the industry to move forward.

For a complete summary of SB 447 and other approved bills that affect NRS 453A, please contact DPBH

Proficiency Testing
 

What happened: The Division continues to work towards developing a proficiency testing mechanism to ensure that laboratories are capable of accurately analyzing and reporting medical marijuana testing results. The Division has decided to contract the proficiency testing out to a third party company. To date, they have identified, the ANSI-ASQ National Accreditation Board, the Laboratory Accreditation Bureau and A2LA as potential contractors. An internal meeting will be held at the Division next week to further develop the process.

What it means for MMEs
Proficiency testing and strict quality standards for laboratories are critical components of the Nevada medical marijuana program, as they ensure laboratories fulfill their responsibility to report accurate testing results for patient medication. Additionally, development and implementation of these components serve to validate the capabilities of independent testing laboratories.

374 Labs Grand Opening Mixer
You are invited! On Friday June 12th from 3-7pm, 374 Labs will be holding an open house mixer at our laboratory with food, drink and additional information on the testing process and state requirement.

Thank you for your support and interest. We look forward to discussing more progress in the coming weeks.  As always, we are here to help you succeed. If there is anything we can help with, or if you have questions or concerns, please contact us.


Best regards,
The 374 Labs Team

374 Labs receives state certification to operate, pesticide policy finalized, cannabinoid & terpene recommendations made

We're proud to announce that 374 Labs completed its final state inspection and received a certificate to operate, news of which dovetailed nicely with progress made at the fifth Nevada State Independent Laboratory Advisory Committee (ILAC) meeting. During the meeting, pesticide as well as terpene and cannabinoid policies were clarified, allowing labs to move forward toward being able to approve product for sale. Key points from the ILAC meeting included:

Pesticides

What happened: The Division held a Q&A session on the pesticide policy issued on 5/4/2015. The policy rejected the 1 part per million residue limit recommendation from the previous ILAC meeting, returning to requirements in the regulations calling for limits set at: "the most stringent acceptable standard for an approved pesticide chemical residue in any food item as set forth in Subpart C of 40 C.F.R. Part 180." The Division also removed several compounds from the original list, including Azadirachtin (Neem Oil), which are not found in Subpart C. At the request of cultivators, the Division will review whether Neem Oil and other compounds found on Subpart D of 40 C.F.R. Part 180 will be allowed for use. Subpart D includes compounds with exempted tolerances that: "involve no hazard to the public health." It is expected that those compounds will be allowed.

The Division will also review section 4.8 of the pesticide policy, at the request of the ILAC, to ensure that retests are done using split samples that are collected at the same time as the original sample and tested by the same lab as the original sample. This ensures that retesting procedures will follow good laboratory practices.
 
What it means for MMEs:

Labs: Need to ensure equipment and testing procedures are in accordance with the final policy. Achieving compliance will require both gas and liquid chromatography equipment coupled with mass spectrometry. 

Cultivators: Can move forward using minimum risk pesticides (formerly 25b), but should avoid compounds found on on Subpart C, as the limits are so low that they create an effective ban. Also, Subpart D compounds (like Neem Oil) should be avoided until the state issues its final decision. 

Cost: Testing cost could increase substantially based on the additional chemicals, equipment and/or expertise needed to satisfy the stringent pesticide policies.

Sample Size: Labs will require a larger sample size, including amounts needed for retesting.

Cannabinoids and Terpenes

What happened: The committee recommended a list of cannabinoids and terpenes, that labs will be required to test for. Once reviewed by the Division, a final policy notice will be issued.

What it means for MMEs: MMEs using specific terpene and cannabinoid formulations in their products will need to ensure that labs are capable of testing for those compounds, so that products can be effectively labeled. 374 Labs plans to include additional cannabinoids and terpenes as part of its standard testing suite, and is open to add other compounds based on MME and patient needs. 374 Labs will initially test for:

Cannabinoids:

  • CBD
  • CBDA
  • THC
  • THCA
  • CBGA
  • CBG
  • THCV
  • CBN
  • CBC

Terpenes:

  • alpha-pinene
  • beta-pinene
  • beta-myrcene
  • Limonene
  • Terpinolene
  • cis-Ocimene
  • Linalool
  • beta-Caryophyllene
  • Humulene
  • beta-Eudesmol
  • Caryophyllene oxide
  • trans-Nerolidol

Thank you for your support and interest. We look forward to discussing more progress in the coming weeks.  As always, we are here to help you succeed. If there is anything we can help with, or if you have questions or concerns, please contact us.


Best regards,
The 374 Labs Team

ILAC update: NV Pesticide screening debated, heavy metals resolved, proficiency testing planned

During the third and fourth Nevada State Independent Laboratory Advisory Committee (ILAC) meetings, committee members, Division personnel, and key stakeholders slogged through the difficult task of implementing testing policies that are protective to patients, financially feasible for MMEs and technically feasible for Independent Testing Laboratories. Items addressed included:

Pesticides

What happened: The committee recommended a list of 49 potentially harmful chemical analytes to be screened for by Independent Testing Laboratories. The committee recommended a regulatory threshold of 0.1 parts per million (100 parts per billion) for all 49 analytes. Additionally, the committee motioned to allow laboratories to use any testing method/equipment that can accurately determine all analytes at the 0.1 part per million regulatory threshold .
 
What it means for MMEs: The impact of this recommendation is unclear until a final policy is issued by the Division. State personnel will take the recommendation to the Division for consideration; however, representatives of the Division noted that approval would be a challenge as the recommended limits are in conflict with NAC 453.A.666, which mandates adoption of the "the most stringent acceptable standard for an approved pesticide chemical residue in any food item as set forth in Subpart C of 40 C.F.R. Part 180".  Previously, the committee had petitioned the state for the omission of milk and meat from the lowest acceptable standards as these food items do not have pesticides applied to them directly, and, because of that, the tolerances set are extremely low. The Division consulted with legal counsel and has determined that this recommendation constituted a regulation change, which the Division does not have the authority to make at this time. Until this pesticide issue is resolved and an acceptable screening list is adopted by the Division, no product can be tested and approved for sale at a Dispensary.

Additionally, both Pyrethrins and the major active ingredient in Neem oil, Azadirachtin, have been at the forefront of the pesticide debate.  While a concentration is established for Pyrethrin concentrations in milk and meat at 0.05 ppm, no tolerance is set for Azadirachtin.  With no clear ruling or limits in place, it is recommended that cultivators seriously reconsider applying these compounds to their plants, as doing so may cause batches to fail. 

Explained by our chemists: For the time being, the committee is allowing the use of minimum risk pesticides on medical marijuana.  These pesticides are known as FIFRA (Federal Insecticide, Rodenticide and Fungicide Act) “25(b) pesticides" and are not subject to federal registration as their active and inert ingredients have been demonstrated to be safe and pose minimum risk.  Here is a link to the EPA website for additional info on 25(b) Pesticides. Regarding specific pesticide use, the remaining three hurdles for the committee and the Division are to:

(1) Compile a list of pesticides to test for.
(2) Decide on applicable product concentration limits for these pesticides.
(3) Specify applicable testing methods.

Heavy Metals

What happened: During the first ILAC meeting, the committee interpreted heavy metals limits as a function of daily dosage rather than an absolute value (concentration) in the product. At the second meeting, committee members discussed setting a daily representative consumption rate so that the interpretation could be applied for testing. In the third ILAC meeting, a daily consumption rate, or 'dose', was set at 5 grams per day.  This consumption rate was then applied to table 11 in the Cannabis Inflorescence, the standard adopted by the Division.  

What it means for MMEs: The updated interpretation, using 5 grams as a daily consumption ‘standard’, will both protect patient health and ensure that samples submitted for metals testing will not fail when grown under normal conditions (i.e., using irrigation water, soil, and nutrient amendments containing reasonably low levels of the four regulated metals). When the Division issues the policy update using the Cannabis Inflorescence reference and the 5 grams dosage, metals limits will translate to:

  • Inorganic Arsenic: 2.0 ppm
  • Cadmium: 0.8 ppm
  • Lead: 1.2 ppm
  • Methyl Mercury: 0.4 ppm

Explained by our chemists: The metals (Cadmium, Mercury, Arsenic and Lead) limit issue has now been resolved, with the committee and the Division deciding to adopt table 11 of the Cannabis Inflorescence as the de facto standard. 
 
By setting a expected standard daily consumption rate of 5 grams, the ILAC and the Division have effectively specified a product concentration limit, enabling the analysis of metals in cannabis flower.

As mentioned previously, 'Daily consumption' is simply an estimate of the average number of grams of marijuana consumed by patients per day. This measure is only used to calculate exposure tolerances and will not legislate patient usage quotas in any way.
 

Laboratory Proficiency Testing 

 What happened: While the committee and Division have elected not to dictate testing methods to laboratories, Nevada laboratories will have to submit to proficiency testing to prove competency and ability to return precise and accurate analytical results. Several alternatives from "Round Robin Testing" to "ISO Certification" were discussed. The Division is in the process of developing the proficiency model it will implement, and will have it in place in the next few months. 
 
What is means for MMEs: Testing will not be delayed by proficiency testing. Proficiency testing is not required prior to labs opening for business; however, the Division intends to implement the proficiency testing model within the next few months to ensure laboratories are accurately reporting results for patients.

Thank you for your support and interest. We look forward to discussing more progress in the coming weeks.  As always, we are here to help you succeed. If there is anything we can help with, or if you have questions or concerns, please contact us.


Best regards,
The 374 Labs Team

 

ILAC update: Chair elected, pesticide list determined, heavy metals debated, extracts discussed

 

During the second Nevada State Independent Laboratory Advisory Committee (ILAC) meeting on March 4th, committee members, Division personnel, and key stakeholders in attendance made great progress in working with the difficult language of the State's codes and statutes (NAC/NRS 453.A) concerning medical marijuana testing policy. Key items addressed at the meeting included:

Pesticides

What happened: The committee approved a list of pesticides (“25(b) Pesticides”) to be used by cultivators.
 
What it means for MMEs: The industry can move forward using the current approved list of pesticides. The list excludes commonly used items such as neem oil and pyrethrins; however, the list is considered a living document, and the committee is open to discussing the approval of other pesticides at request of the public. Laboratories are not required to test for any of the items on the 25(b) list, so the committee must still (1) identify and (2) specify testing/limits for ‘commercial’ pesticides and plant growth regulators that have the potential to harm patients. We are hoping this will be completed by the next meeting.

Explained by our chemists: For the time being, the committee is allowing the use of minimum risk pesticides on medical marijuana.  These pesticides are known as FIFRA (Federal Insecticide, Rodenticide and Fungicide Act) “25(b) pesticides," and are not subject to federal registration as their active and inert ingredients have been demonstrated to be safe and pose minimum risk.  Here is a link to the EPA website for additional info on 25(b) Pesticides. Regarding specific pesticide use, the remaining three hurdles for the committee and the Division are to:

(1) Compile a list of pesticides to test for.
(2) Decide on applicable product concentration limits for these pesticides.
(3) Specify applicable testing methods.
 
Most of the pesticides on the 25(b) list are not amenable to accurate quantitation given the diverse chemical composition of many formulations (e.g., dried blood, putrescent whole egg solids.)    

Heavy Metals

What happened: During the first ILAC meeting, the committee interpreted heavy metals limits as a function of body weight rather than an absolute value (concentration) in the product. At the second meeting, committee members discussed setting an average body weight and dosage so that the interpretation could be applied for testing.

What it means for MMEs: The original limits set by the State were unattainable by cultivators and producers, and these limits would have caused most product to fail. The updated interpretation, once body weight and dosage are defined, will be attainable while still providing a safeguard for patients.

Explained by our chemists: The metals (Cadmium, Mercury, Arsenic and Lead) limit issue has been partially resolved, with the committee and the Division deciding to interpret NAC 453A.658, Article 8 as ug/kg “body weight/day.”  This implies that exposure dose is a function of body mass, instead of an expression of a product 'limit' (concentration of metals in marijuana) as ug metal per kg product, as the adopted regulations currently read.  The two key issues missing for the completion of this item are:

(1) A definition of 'daily consumption'  
(2) Average patient weight.
 
'Daily consumption' is simply a measure of the number of grams of marijuana consumed by patients per day. This measure is only used to calculate exposure tolerances and will not legislate patient usage quotas in any way. Once these items are finalized, the metal limit, or tolerance, will almost certainly be in the parts per million range, as opposed to the parts per trillion range (mistakenly) specified in NAC 453A. The committee is carefully reviewing established toxicological risk assessment data on heavy metals to ensure that patients are not exposed to unhealthy levels of these contaminants.

Testing Extracts

What happened: Concern was raised that the Adopted Regulations do not comprehensively address the issue of batch failures that are allowed to be converted to extracts.

What it means for MMEs: Cultivators and Producers do not want to pay twice or “Double-Dip” for testing, but the Division and the committee need to make sure that no testing loopholes exist that could pose a health risk to patients.

Explained by our chemists: As currently written, the Adopted Regulations R004-14 stipulate in Section 127.1 that failed batches may, upon approval of the Division, be used to make a CO2 or solvent-based extract. The Regulations are unclear as to the (re)testing requirements for extracts made from these failed batches, and producers are concerned about the possibility that the Division will require 'double-dip' testing of initial harvest product AND secondary extracts for the entire suite of laboratory tests. The committee has taken these concerns under advisement and the suggestion that re-testing of batches should be limited to the specific tests that failed was favorably received. We will continue to monitor this issue, and will report on any further discussion and / or substantive action by the committee during future meetings.

Meeting Frequency

Currently, meetings are scheduled once a month due to lack of Division funds and resources to arrange video conferencing. Nevada System of Higher Education (NSHE) Regent James Dean Leavitt has agreed to facilitate weekly meetings, as necessary, to allow the committee to work through urgent and unresolved issues.  
Issues needing additional attention include:

  • Adoption of committee bylaws
  • Creation of a pesticide analyte list and methodology approval
  • Finalization of the metals limit
  • Finalization of testing requirements for residual solvents in extracts

In Attendance

highlighting committee members and attendees each session

Ed Alexander, owner of Sensible Edibles and Common Sense Botanicals in Northern Nevada was elected to chair the committee. He has proven himself adept at running meetings and keeping discourse on point and applicable to the subject at hand.  

Northern Nevada committee member Dr. Glenn Miller’s analytical and chemistry expertise is much needed and helps guide the committee through crucial decisions. Together, Ed and Glenn form a strong team that works well with members of the MME community and the Division.


Representatives from the Nevada Department of Agriculture joined the meeting, expressing willingness to work with the Division and committee on establishing new precedents for pesticide use on marijuana in Nevada - a huge step in the right direction for the medical marijuana community.  

Thank you for your support and interest. We look forward to discussing more progress in the coming weeks.  As always, we are here to help you succeed. If there is anything we can help with, or if you have questions or concerns, please contact us.


Best regards,
The 374 Labs Team

1-844-374-5227(LABS)