Massachusetts cannabis stakeholders say new CCC action is a small step toward stopping laboratory fraud, but nonetheless movement in the right direction
After years of minimal responsiveness to Massachusetts industry stakeholders calling for tighter protocols around lab testing, the Cannabis Control Commission has paid more and more attention to the issue over the past several months.
Leading up to the announcement of a “One Sample, One CoA” policy last week, noise around the subject included a recent listening session in which CCC members heard testimonies from Independent Testing Labs (ITLs) and other segments of the industry impacted by problems facing this license class. Addressing the agency directly, watchdogs and business owners impugned various elements of the complex topic, with many circling common themes like standardizing methods and releasing testing data to the public.
In late November, amid increasing pressure to act on these matters, agency department heads made a proposal at the body’s monthly meeting which they argued, if passed, could “elevate the integrity of the testing process and ensure compliance.” CCC Laboratory and Testing Manager Geneive Hall proposed “a policy to require licensees to use one ITL for all required test panels,” and recommended the commission “streamline verification and analysis,” in order to “strengthen the capacity to prosecute violations and promote public health and safety.”
What testing labs have asked for from cannabis regulators
Operators of several licensed labs in the state took issue with the agency’s course of action. Many said it was a step in the right direction, but missed the larger points they’ve made in their longrunning protests.
“The practice of lab shopping is not achieved through sending a batch to multiple labs and picking the most favorable results, as described in the CCC’s presentation,” Michael Kahn of MCR Labs wrote in a follow-up email to Talking Joints Memo. “It is a laboratory selection process by the cultivator / manufacturer to work with the lab which will give the most favorable results. This is observed in the publicly available data.”
Megan Dobro, the founder and CEO of SafeTiva Labs in Westfield, explained: “The proposal is to remove the option of a la carte testing, which apparently, Massachusetts is the only state that allows. Currently, producers can break up their compliance across labs so the lab that does the cannabinoids testing can be different from the lab doing the microbial testing. It’s also the mechanism that allows producers to send the same products to multiple labs to shop for results, paying for only the single test.”
Dobro continued: “This move makes sense, but it’s a small step toward the goal of eliminating lab shopping. As long as there is wide variability across labs, there will be lab shopping. We need standardization, clearer regulations, and more oversight of the labs and the sampling process.”
What regulators offered ITLs in response
Commissioners have also recognized that more needs to be done in this area to thwart lab shopping. But last week, they still voted in favor of the aforementioned proposal which many have said is inadequate.
“In compliance with this Administrative Order, licensed Marijuana Establishments and Medical Marijuana Treatment Centers (MTCs) … shall submit one Test Sample Package to a single Independent Testing Laboratory for all compliance testing of Adultuse Marijuana and Marijuana Products and Medical-use Marijuana and Marijuana Products … in accordance with [state regulations].”
That means, primarily, that “Licensees shall submit all Marijuana and Marijuana Product Test Sample Packages for all required compliance testing to one Independent Testing Laboratory.” Subcontracting is permitted under the new rules, but only if participants follow a number of specific conditions, including that “All subcontracting agreements must be approved by Commission staff before the Originating Independent Testing Laboratory transfers any Test Sample Packages to the subcontracted Independent Testing Laboratory.”
Additionally, “Licensees shall not create multiple Test Sample Packages from the same Marijuana or Marijuana Product source package for compliance testing panels; provided, however, Licensees may create one additional Test Sample Packages per source package for the purposes of Quality Control Samples.”
What the new order means for everybody
Megan Dobro of SafeTiva Labs broke down the new “One Sample, One CoA” policy, which goes into effect starting April 1, 2025. “This means compliance panels can only be performed by one lab,” she wrote. “As far as I understand, producers will still be able to send different samples out to different labs as long as a single sample does not get split up between labs. R&D samples can still be sent to multiple labs for single tests, but compliance cannot be obtained by combining partial CoAs from different labs.”
What this means for cultivators and manufacturers: “Make sure you have a lab that you trust to do all testing by April 1. If you were using one lab for cannabinoids and another for microbes, you’ll need to pick one that you trust to do it all. Given the momentum for secret shopping and open data, I recommend having a reputable lab that’s delivering accurate numbers.”
What this means for labs: “The Administrative Order also restricts labs from sub-contracting with multiple labs. Subcontracting will need to be approved in advance by the CCC and you can only subcontract with one lab.”
What this means for the industry: “I think this is a good move to reduce lab shopping,” Dobro said, “but it’s just a small step and there’s a lot more we need to do.”
