15.01.070 Testing
(a) General Requirements.
(1) Laboratory testing of samples will be conducted so that the HCO is able to accurately identify whether the sample contains a total delta-9 tetrahydrocannabinol content concentration level that exceeds the acceptable hemp THC level are as follows.
(2) The testing procedure will include a validated testing methodology that uses post- decarboxylation or other similarly reliable methods. The testing methodology must consider the potential conversion of THCA in hemp into THC and the test result must report the total available THC derived from the sum of the THC and THCA content. Testi.g methodologies meeting the requirements of this section include, but are not limited to, gas or liquid chromatography with detection. The total THC concentration level shall be determined and reported on a dry weight basis.
(3) Any test of a representative sample resulting in higher than the acceptable hemp THC level shall be conclusive evidence that the lot represented by the sample is not in compliance with this part and shall be disposed of or remediated in accordance with Section 15.01.080.
(4) Samples of hemp plant material from one lot shall not be commingled with hemp plant material from other lots.
(b) Testing Laboratories.
(1) Laboratories conducting analytical testing for purposes of detecting the concentration levels of Total THC shall meet the following requirements:
(A) Laboratory quality assurance must ensure the validity and reliability of test results;
(B) Analytical method selection, validation, and verification must ensure that the testing method used is appropriate (fit for purpose), and that the laboratory can successfully perform the testing;
(C) The demonstration of testing validity must ensure consistent, accurate analytical performance;
(D) Method performance specifications must ensure analytical tests are sufficiently sensitive for the purposes of the detectability requirements of this part; and
(E) Effective disposal procedures for non-compliant samples that do not meet the requirements of this part.
(F) Measurement of uncertainty (MU) must be estimated and reported with test results. Laboratories shall use appropriate, validated methods and procedures for all testing activities and evaluate measurement of uncertainty.
(G) Sample preparation of pre- or post-harvest samples shall require grinding of samples to ensure homogeneity of plant material prior to testing. Sample preparation may follow a procedure described by USDA.
(H) After December 31, 2022, the Tribe shall require that only laboratories registered with the DEA may conduct testing under this chapter.
(2) The Tribe will require testing laboratories to comply with USDA reporting requirements.
(3) Laboratories shall only report formal test results that are used to determine compliance under this chapter. Test results from informal testing conducted throughout the growing season shall not be reported to USDA.
