Clarification on SB 17-192 regarding remediation provisions

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The MED has issued a bulletin (17-06) that clarifies recent changes made by SB 17-192 to remediation provisions for retail marijuana that fails initial contaminant testing. The legislation brought more specificity to the existing remediation provisions, and the bulletin clarifies the changes, indicating that licensees with failed contaminant tests can create two new test batches and have them re-tested.

  • If both batches pass, the marijuana can be sold or processed into product.
  • If one or both fail, the marijuana can be processed into concentrate, as long as only the failed marijuana is used in that batch of concentrate. The concentrate must then undergo all normally required testing and be destroyed if it fails contaminant testing.

The bulletin should be used as guidance pending the updating of the Retail Marijuana Code to align with the SB 17-192 language, which is effective August 9th, 2017.

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