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Under Section 33-44-01-36 of the North Dakota Administrative Code, the Department of Health may contract with a laboratory or laboratories to test medical marijuana intended for sale in the state. According to a 2018 Press Release by the State Department of Health, North Dakota selected a vendor to perform laboratory services for conducting compliance testing of marijuana and usable marijuana for the state's medical marijuana program. Keystone State Testing, an independent testing lab, was awarded a contract to conduct marijuana tests that will assist in providing assurance products dispensed to qualifying patients are safe.
While North Dakota medical marijuana laws do not stipulate specific accreditations that a cannabis testing lab must have, Section 33-44-01-36 of the state's medical marijuana laws mentioned that any laboratory awarded the contract to conduct marijuana tests must be appropriately accredited to test cannabis and cannabis products.
An ISO/IEC 17025 standard is recommended and often considered the best practice for cannabis testing labs, as many jurisdictions and regulatory frameworks in the cannabis industry recognize the importance of ISO/IEC 17025 accreditation for cannabis testing labs. ISO/IEC 17025 accreditations are usually awarded by third-party bodies that are signatories to ILAC MRAs. The only marijuana testing lab in North Dakota is accredited to ISO/IEC 17025 standards.
Per Section 33-44-01-44 of the North Dakota Administrative Code, medical cannabinoid products must be tested for:
No specific laws require the state's approved cannabis testing lab to report test results. However, the terms of the contract between the state and the laboratory may require the testing facility to report test results to the North Dakota Department of Health.
Cannabis testing costs in North Dakota may only be known by contacting the state's approved testing lab for prices for specific test types.
The North Dakota Department of Health ensures that medical cannabis products sold to patients in the state are free of contaminants and are generally safe for consumption. In accordance with Section 33-44-01-52 of the medical marijuana act, if a cannabinoid sample fails any required test, the sample may be retested for reanalysis. However, in consultation with the laboratory, the Department of Health must determine whether a reanalysis will be performed on the samples held by the lab or a new sample will be selected from the batch.
If a sample fails a test or reanalysis, the batch from which the sample was taken may be remediated or sterilized. If the batch is not, or cannot be remediated or sterilized, the batch must be disposed of.
Only one marijuana testing lab (Keystone State Testing) is approved by the State Department of Health to test medical marijuana in North Dakota.