Lab Testing Letter
I appreciate you taking the time to ensure you are proceeding appropriately in this matter. Unfortunately, it would be a violation of regulation for the Retail Marijuana Testing Facility to accept your test samples. The State Licensing Authority derives its ability to promulgate testing regulations from C.R.S. § 12-43.4-202(2)(b), C.R.S. § 12-43.4-202 (3)(a)(X) and C.R.S. § 12-43.4-202 (3)(c)(IV), which includes adopting rules that ensure proper control of inventory and transportation of product between licensed premises to include Retail Marijuana Testing Facilities.
Regulation 1 CCR 212-2, R 701 (C) limits a Retail Marijuana Testing Facility to accepting samples from Retail Marijuana Establishments only. Also, Retail Marijuana Testing Facilities are required to use the inventory tracking solution to account for all inventories it accepts into the licensed premises (1 CCR 212-2, R 702 (G)). That regulation requires that inventory is tracked from the time it leaves another Retail Marijuana Establishment until the time it arrives at the Retail Marijuana Testing facility through the point of destruction or disposal. There is no allowance for inventory to come from another source other than from a Retail Marijuana Establishment because chain of custody is the hallmark of inventory accountability.
Also, there is no authority afforded to the Director of the Marijuana Enforcement Division to grant a waiver in this type of situation. I am sorry that I cannot accommodate your request. I appreciate you asking in advance of getting this product tested. Please let me know if you have any further questions.
W. Lewis Koski
Marijuana Enforcement Division