USDA, DEA Provide Options For Labs, Disposal Of Non-Compliant Hemp Plants

usda-logoDISTRICT OF COLUMBIA: The U.S. Department of Agriculture (USDA) today announced the delay of enforcement of certain requirements under the interim final rule (IFR) establishing the U.S. Domestic Hemp Production Program.

Under the new guidance, USDA will delay enforcement of the requirement for labs to be registered by the Drug Enforcement Administration (DEA) and the requirement that producers use a DEA-registered reverse distributor or law enforcement to dispose of non-compliant plants under certain circumstances. Enforcement will be delayed starting this crop year and until Oct. 31, 2021, or the final rule is published, whichever comes first.

“Because currently there isn’t sufficient capacity in the United States for the testing and disposal of non-compliant hemp plants, USDA has worked hard to enable flexibility in the requirements in the Interim Final Rule for those issues,” said USDA Under Secretary for Marketing and Regulatory Programs Greg Ibach.

Laboratory Testing

Laboratory testing for the purposes of determining compliance under the U.S. Domestic Hemp Production Program can be conducted by labs that are not yet registered with DEA. The laboratories must still meet all the other requirements in the IFR.

All laboratories engaged in the testing of hemp through this interim period will be subject to the same compliance requirements of the IFR. Specifically, labs must adhere to the standards of performance as outlined within the IFR, including the requirement to test for total THC employing post-decarboxylation or other similarly reliable methods. All labs will have to make arrangements to be compliant with registration requirements before this period of delayed enforcement expires. DEA will evaluate all applications using the criteria required by the Controlled Substances Act (21 U.S.C. 823(f)).

Disposal

Based on feedback from states and tribes, and in consultation with DEA, USDA has identified additional options for the disposal of “hot” hemp plants. Some of these new options include, but are not limited to, plowing under non-compliant plants or composting into “green manure” for use on the same land. The new methods are intended to allow producers to apply common on-farm practices for the destruction of non-compliant plants.

Hemp that tests greater than 0.3% THC on a dry weight basis must be disposed of onsite according to the disposal methods approved by USDA. The state, tribe or the state’s department of agriculture will be responsible for establishing protocols and procedures to ensure non-compliant hemp is appropriately destroyed or remediated in compliance with applicable state, tribal and federal law.

A list of allowed disposal techniques and descriptions is available on the U.S. Domestic Hemp Production Program web page.

“One of the top considerations in making these changes was the desire to provide additional options that minimize, to the extent possible, the resource impact to state and local law enforcement in handling hemp that is out of compliance,” said Under Secretary Ibach.

“We look forward to partnering with producers, states, tribes and other stakeholders to deliver regulations that work for everyone,” said Under Secretary Ibach.

Washington: Updated List of Pesticides Allowed for Use in Marijuana Production

WASHINGTON: The Washington State Department of Agriculture (WSDA) has recently updated the list of pesticides that are allowed for use in marijuana production in Washington State, based on criteria previously established by WSDA. 

WSDA has removed 2 pesticides that were placed on stop sale by the Oregon Department of Agriculture (ODA). The ODA reported that both pesticides contained active ingredients that were not disclosed on the label. 

WSDA recommends that marijuana growers not use any existing stocks of the 2 pesticides placed on stop sale by the ODA, until WSDA determines whether similar action is appropriate in Washington.

Removed – Placed on stop sale by ODA

  1. AZAMAX, EPA Reg. No. 71908-1-81268
  2. EVERGREEN PYRETHRUM CONCENTRATE, EPA Reg. No. 1021-2560

In addition, WSDA has added 43 pesticides to the list of allowable products, and has removed 24 pesticides because the registrations for their distribution in Washington were voluntarily cancelled, or because the labels were no longer consistent with WSDA criteria. 

Pesticides containing four new active ingredients (Acetic acid, D-Limonene, Isaria fumosorosea Strain FE 9901, Linseed oil) were added to the list. Most of the pesticides that were added to the list contain active ingredients that were already allowed for use in marijuana production.

Some pesticides are labeled for application to soil or to crop plants, while some pesticides are labeled for application to both soil and crop plants. Other pesticides include herbicides labeled for direct application to, and control of, unwanted plants (weeds). Remember to read and comply with all applicable label directions and precautions when using any pesticide.

Please check your stock of pesticides against the list to ensure that you are using an allowed product. Marijuana growers can continue to use any existing stocks of the 24 pesticides that were removed from the list, but no new product can be purchased.

Added

  1. 20% VINEGAR HERBICIDE FOR CONTROL OF WEEDS, EPA Reg. No. 85208-1-90394
  2. AVENGER AG BURNDOWN HERBICIDE, EPA Reg. No. 82052-4
  3. AVENGER AG OPTIMA, EPA Reg. No. 82052-4
  4. AVIV, EPA Reg. No. 91473-1-86182
  5. BONIDE ALL SEASONS HORTICULTURAL & DORMANT SPRAY OIL CONCENTRATE, EPA Reg. No. 4-80
  6. BONIDE ALL SEASONS HORTICULTURAL & DORMANT SPRAY OIL READY TO SPRAY, EPA Reg. No. 4-80
  7. DOKTOR DOOM FORMULA 420 3 IN 1 SPRAY, EPA Reg. No. 67702-4-72804
  8. FINALSAN TOTAL VEGETATION KILLER, EPA Reg. No. 67702-8-87865
  9. GARDEN FRIENDLY FUNGICIDE, EPA Reg. No. 70051-107-829
  10. GARDEN SAFE BRAND INSECTICIDAL SOAP INSECT KILLER, EPA Reg. No. 67702-13-39609
  11. GARDEN SAFE BRAND NEEM OIL EXTRACT CONCENTRATE, EPA Reg. No. 70051-2-39609
  12. GARDEN SENTINEL BIOFUNGICIDE, EPA Reg. No. 70051-107-56872
  13. GRANDEVO CG, EPA Reg. No. 84059-27
  14. MONTEREY HORTICULTURAL OIL RTU, EPA Reg. No. 6218-78-54705
  15. NATRIA NEEM OIL READY-TO-USE, EPA Reg. No. 70051-13-92564
  16. NATURAL GUARD BRAND BY FERTI-LOME HORTICULTURAL OIL READY TO SPRAY, EPA Reg. No. 67702-4-7401
  17. NATURAL GUARD BRAND BY FERTI-LOME HORTICULTURAL OIL, EPA Reg. No. 67702-4-7401
  18. NOFLY WP, EPA Reg. No. 88664-1
  19. ORGANOCIDE ORGANIC FUNGICIDE, EPA Reg. No. 70870-3-70179
  20. PREFENCE BIOFUNGICIDE, EPA Reg. No. 64137-5-68539
  21. PRO-MIX MP BIOFUNGICIDE + MYCORRHIZAE, EPA Reg. No. 74267-8
  22. QUIK-FIRE, EPA Reg. No. 67702-8-17545
  23. REGALIA CG BIOFUNGICIDE, EPA Reg. No. 84059-3
  24. REVITALIZE BIOFUNGICIDE CONCENTRATE, EPA Reg. No. 70051-107-4
  25. SUMMIT B.T.I. GRANULES, EPA Reg. No. 6218-86
  26. VENERATE CG, EPA Reg. No. 84059-14
  27. VINAGREEN, EPA Reg. No. 85208-1
  28. VINAGREEN, EPA Reg. No. 85208-1-73015
  29. ALL NATURAL SLUG & SNAIL SPRAY RTU, WA Reg. No. 54705-17002
  30. ECO-1 GARDEN SPRAY, WA Reg. No. 74578-17001
  31. ECO-1 GARDEN SPRAY CONCENTRATE, WA Reg. No. 74578-17002
  32. FLYING SKULL NUKE EM INSECTICIDE & FUNGICIDE, WA Reg. No. 997940-17001
  33. INSTANT MITE KILLER PROFESSIONAL CONCENTRATE, WA Reg. No. 996880-16002
  34. INSTANT MITE KILLER READY TO USE, WA Reg. No. 996880-16001
  35. MAGGIE’S FARM SIMPLY EFFECTIVE 3-IN-1 GARDEN SPRAY, WA Reg. No. 73079-18005
  36. NEMATODE CONTROL, WA Reg. No. 89943-13001
  37. ORGANOCIDE BEE SAFE 3-IN-1 GARDEN SPRAY CONCENTRATE, WA Reg. No. 70179-18001
  38. ORGANOCIDE BEE SAFE 3-IN-1 GARDEN SPRAY, WA Reg. No. 70179-18002
  39. ORGANOCIDE BEE SAFE INSECT KILLER CONCENTRATE, WA Reg. No. 70179-18003
  40. ORGANOCIDE BEE SAFE INSECT KILLER, WA Reg. No. 70179-18004
  41. PURE 3-WAY, WA Reg. No. 998220-13002
  42. PURE 3-WAY COMMERCIAL, WA Reg. No. 998220-16002
  43. STOP BUGGING ME! NEMATODE CONTROL READY-TO-USE, WA Reg. No. 58300-17004

 

Removed – Voluntary cancellation, or label no longer consistent with WSDA criteria

  1. 1600 X-CLUDE FORMULA 2, EPA Reg. No. 499-539
  2. CULBAC GREEN, EPA Reg. No. 59588-1
  3. FUNGI-PHITE, EPA Reg. No. 83472-1
  4. GARDEN SAFE BRAND INSECTICIDE CONCENTRATE FOR DORMANT USE, EPA Reg. No. 67702-4-39609
  5. GREENCURE, EPA Reg. No. 70870-1
  6. MILSTOP BROAD SPECTRUM FOLIAR FUNGICIDE, EPA Reg. No. 70870-1-68539
  7. ORTHO DISEASE B GON COPPER FUNGICIDE READY-TO-USE, EPA Reg. No. 67702-1-239
  8. PLASMA NEEM OIL EC, EPA Reg. No. 84185-5
  9. PRENTOX PYRONYL CROP SPRAY, EPA Reg. No. 655-489
  10. PRESCRIPTION TREATMENT PYRETHRUM TR MICRO TOTAL RELEASE INSECTICIDE, EPA Reg. No. 499-479
  11. PRO-MIX BX WITH BIOFUNGICIDE, EPA Reg. No. 74267-1
  12. TYGRO INSECT FOGGER I, EPA Reg. No. 499-547
  13. ELEMONATEM, WA Reg. No. 999860-16001
  14. FLAT LINE, WA Reg. No. 996920-16001

You can find the complete list of pesticides that are allowed for use in marijuana production, the criteria WSDA used to establish the list, and information regarding stop sales in Washington on the WSDA web site:   

 

Casa Verde Capital Leads Investment In Cannabis Testing Lab Cannalysis

Snoop Dogg Venture Firm Helps Analytical Cannabis Laboratory Expand Its Nationwide Footprint

CALIFORNIA: Cannalysis, a cannabis testing laboratory, announced today a seed investment led by Casa Verde Capital. As the premier cannabis testing lab in the market, Cannalysis harnesses technology to provide best-in-class service to some of the largest cultivators and brands in California.

With California’s adult-use regulations coming into effect next year, government-mandated third party testing will create a huge demand for services. However, many existing labs are not prepared to deal with this type of volume due to inferior technology, creating significant bottlenecks in getting clean product to market. As such, Cannalysis is poised to fill this gap, with industry leading, guaranteed three business-day turnarounds.

Having built a custom platform from the ground up, Cannalysis streamlines the testing experience and puts all data in the client’s hands, providing real-time tracking and sample status updates. Furthermore, beautiful and intuitive reporting enables Cannalysis to deliver the story behind the test results, something that customers genuinely appreciate.

In that vein, Kurvana, one of the largest cannabis brands in California had this to say on its relationship with Cannalysis. “They push our high volumes of samples through analysis without impact to quality or turnaround time, and they are willing to work with us to prioritize the results we need most. Placing value in collaboration and transparency, Cannalysis has exceeded our expectations and raised our standards.”

“With a tech-first approach, Cannalysis has quickly established itself as one of the leading lab platforms in California. This approach has also positioned Cannalysis to quickly scale and establish JV partners around the country,” said Karan Wadhera, managing partner at Casa Verde Capital. Mr. Wadhera continued, “in fact, the first Cannalysis JV will come online in Portland early next year and we’re eager to secure new partnerships across the country to help extend the Cannalysis brand.”

Brian Lannon, CEO of Cannalysis, echoed these remarks, saying “we are at an inflection point for this industry and we are ready to expand. Having a marquee investor and strategic partner like Casa Verde, will be instrumental in helping us achieve our growth objectives.”

WSLCB Notice of Rule Making – Proposed Rules – #17-05: Pesticides & Lab Testing

WASHINGTON: The Washington State Liquor and Cannabis Board would like your input on the attached proposed rule changes to create and amend rules related to lab testing, quality assurance, pesticide action levels, and related topics in Chapter 314-55 WAC. This is a supplemental CR-102 filing of previously filed rules related to this topic. The proposed rules and small business economic impact statement (SBEIS) accompany this notice.

This notice can be found at lcb.wa.gov/laws/laws-and-rules under Proposed Rules. 

The Liquor and Cannabis Board encourages you to give input on this rule making.  Following the comment period the board will hold a public hearing before the rule changes may be adopted.

Public Comment

Please forward your comments to the Liquor and Cannabis Board by mail, e-mail, or fax by May 3, 2017.

By mail:      Rules Coordinator                By e-mail:             By fax:

                    Liquor and Cannabis Board   rules@lcb.wa.gov   360-664-9689

                    P.O. Box 43080

                    Olympia, WA  98504-3080

 

Public          May 3, 2017

Hearing:       10:00 a.m.

                    Washington State Liquor and Cannabis Board – Board Room

                    3000 Pacific Ave. S.E, Olympia, WA

 

 

Oregon Health Authority To Change Testing Standards For Marijuana Products

OREGON:  The Oregon Health Authority (OHA) announced today it is modifying testing standards for medical and recreational marijuana products with new, temporary rules that balance testing costs for the marijuana industry with public health protection for consumers.

Governor Kate Brown requested agencies to develop the temporary rules so producers and processors can test fewer samples, which is expected to lower costs and create a more efficient process. The temporary rules take effect Friday, Dec. 2.
OHA is responsible for adopting testing standards for marijuana products that are necessary to protect public health and safety. These standards must take into account how the costs of testing will affect the cost to marijuana consumers.
Highlights of the temporary rules:
Replaces process validation with control study
  • ​Cuts three process validation tests to one control study.
  • A processor with a process lot that passes one control study can combine samples into one composite sample, plus a field duplicate for testing, for one year, unless the manufacturing of the product changes.
Removes alcohol-based solvents from testing requirement
  • Butanol, propanol and ethanol are removed from solvent analyte list.
Combines some batches for testing
  • Samples from multiple batches may be combined for the purposes of testing for THC and CBD if the batches are the same strain.
  • Samples from multiple batches, even if different strains, may be combined for the purposes of testing for pesticides if the total weight of the batches does not exceed 10 pounds.
Changes variance for potency testing of edibles
  • Increases the amount of homogeneity variance in edible products to plus five percent (+ 5%).
Changes labeling for potency
  • The THC and CDB amount required to be on a label must be within plus or minus five percent of the value calculated by the laboratory.
Since OHA permanent testing rules became enforceable on Oct. 1, 2016, the marijuana industry has reported to regulating authorities that testing costs are driving up consumer prices, creating product shortages, and causing some processors to temporarily cease operations and furlough employees.
“The Governor has been clear about the importance of the marijuana industry to Oregon’s economy,” said Jeff Rhoades, marijuana policy adviser, Office of Governor Kate Brown. “This approach keeps Oregonians employed, prevents marijuana product from slipping back into the illegal market, and continues to protect public health and safety.”
Oregon labs have notified OHA of a total of 307 samples taken from marijuana products—from dried flower to extracts—that failed for either pesticides, solvents or both since Oct. 1, 2016.
Andre Ourso, manager of the Oregon Medical Marijuana Program at OHA, says he’s confident the temporary emergency rules will immediately alleviate some of the regulatory burden on the industry while still ensuring that cannabis is reasonably safe for consumers and patients.
“OHA understood the difficult situation that cannabis producers and growers were in with regard to the authority’s Oct 1. testing regulations,” Ourso said. “OHA looks forward to working with the Governor’s Office and its sister agencies in developing permanent testing rules in the near future that protect the public from harmful substances, such as illegal pesticides, yet allow for the cannabis industry to succeed in a robust regulatory environment.”

Digipath’s Todd Denkin On The Passage of Recreational Cannabis in Nevada and Impact On Lab Testing Market

NEVADA: Digipath, an independent cannabis lab testing and media firm, believes that Nevada’s recent approval of the recreational use of cannabis will push the industry to more standardized lab testing practices, resulting in a highly favorable long-term impact on Nevada’s cannabis lab testing market.

The combination of shifting public opinion and success experienced over the past two years by legal medical and recreational cannabis states has given rise to the passage of new cannabis regulations and has offered voters the confidence to pass new legislative initiatives, as reflected by the outcome of the 2016 elections. In the recent November elections, Nevada residents voted to legalize recreational cannabis, a move that enables the state’s 42 million yearly visitors to purchase and consume marijuana legally. Nevada, along with California, Massachusetts, and Maine now join Colorado, Washington, Oregon, and Alaska in legalizing marijuana for adult recreational use.

Recreational cannabis in Nevada is estimated to generate more than $1.1 billion in tax revenue and economic activity over the course of the law’s initial eight years, according to a study by Las Vegas-based RCG Economics. For the first 18 months after the legalization of recreational marijuana, current medical marijuana state registration certificate holders (dispensary owners) will have priority on building new facilities for recreational marijuana. That includes new dispensaries, cultivation and testing facilities, and manufacturing facilities for paraphernalia.

Todd Denkin, President and COO of Digipath, commented, “As the Nevada recreational market becomes operational, the increase in the number of potential consumers and cultivation facilities is expected to push the industry’s focus towards more standardized cannabis lab testing and recognition of the value of the data collected through the testing process in ensuring consumer safety. Commercial cannabis cultivators and producers understand that laboratory testing is one of the vital platform technologies in the cannabis marketplace, and it must become standardized, consistent, and robust in order to maintain the long term health of the cannabis industry.”