The Division of Cannabis Regulation (DCR) is aware of some confusion about testing requirements for ingestible marijuana concentrates. Marijuana products such as Rick Simpson Oil (RSO) and Full Extract Cannabis Oil (FECO) are concentrates and are not considered infused products, as they do not contain any ingredients beyond cannabis flower and the solvents used during extraction. Because these items are not infused, they must be tested under the inhalation thresholds.
The purpose of mandatory testing thresholds is to help ensure that marijuana products meet appropriate safety requirements for patients and consumers. Mandatory testing thresholds verify whether products meet standards for inhalation versus infused use. Inhalation failure limits are more stringent than infused failure limits because certain analytes pose significant health risks when marijuana products are inhaled.
If a concentrate intended solely for ingestion fails mandatory testing using the inhalation thresholds, but the result is still below the failure limit for an infused product, a licensee may submit a variance request seeking approval to proceed by demonstrating that the product is not intended for inhalation. However, because inhaling such products poses significant health risks, a variance request will be denied if the product’s instructions for use do not clearly show that the product is only for ingestion.
Visit the guidance webpage to view all active guidance and variances. Please contact your licensee’s compliance officer or CannabisCompliance@health.