Oklahoma imposes stricter rules for cannabis testing labs, seeks THCA ban

Oklahoma has enacted stricter standards for medical cannabis testing laboratories, including a state reference lab to double-check results and a secret-shopper program to discretely obtain products to verify results.

Also among the Oklahoma Medical Marijuana Authority’s rules, which took effect July 25, is a new definition for THC that attempts to close the so-called “THCA loophole” that some operators are exploiting to sell MJ under the claim that it’s federally legal hemp.

The OMMA’s new standards for labs come at the same time as nationwide accusations of lab malfeasance, including potency inflation – such allegations recently were made in Oklahoma – as well as failures to detect potentially dangerous pesticides and mold.

California regulators are currently attempting to revoke one lab’s license for allegedly deliberately falsifying results and allowing potentially tainted product onto the market.

Under Oklahoma’s revised rules, marijuana testing labs must follow new state-imposed standards, including instrumentation calibration and quality-control standards.

There are also new failure thresholds for molds, solvents and heavy metals.

Standards for identified pesticides will remain the same.

Oklahoma state regulators are empowered to:

• Open a “quality assurance laboratory” or contract with a private company to run such a lab.
• Send product to that quality-assurance laboratory for testing and penalizing offenders.
• Deploy “secret shoppers” to inspect dispensaries and other medical marijuana businesses.
• Seize products with an administrative order or emergency declaration of a public-safety risk.
• Require employees of MMJ businesses to obtain a credential to work in the industry.

And, following another nationwide trend, the new rules also clarify Oklahoma’s definition of total delta-9 THC concentration to include THCA.

In some states, merchants continue to try to pass off cannabis products containing more than 0.3% total THC as hemp.