New Jersey Announced Its Cannabis Regulations. What Does That Mean For Lab Testing?
It is an exciting time in New Jersey, where the long-anticipated legal adult-use cannabis market is taking steps toward its first sales. While the Garden State remains a long way from a comprehensive regulatory framework, the first set of regulations brings with it a tangible sense that cannabis legalization is finally happening in New Jersey. With more regulations soon to come, these rules lay the groundwork for a wide range of industry activities, including cannabis testing.
In this blog, you will learn:
New Jersey’s new cannabis regulations
How New Jersey’s cannabis regulations impact cannabis testing
Why testing beyond the baseline regulatory requirements is important
Which regulations were announced?
In its August 2021 public meeting, the New Jersey Cannabis Regulatory Commission (CRC) announced the first set of rules governing the Garden State’s recently legalized adult-use cannabis market. These regulations will remain in place for one year as the commission iterates upon them and releases new rules and guidelines. While some testing measures were included during this announcement, a number of other guidelines were outlined as well, including:
License caps: The rules limit the number of cannabis cultivators to 37 before February 2023. Limits to other sectors of the industry, including manufacturing, delivery, wholesale, distribution and retail were not included.
Background checks: The licensing process includes background checks for applicants; however, previous criminal convictions will not make an applicant ineligible for licensure.
License distribution: Priority will be given to “impact zones,” towns and cities that were disproportionately impacted by cannabis prohibition, as well as women-, minority-, and veteran-owned businesses. Social equity applicants must have 50% ownership by people convicted of cannabis-related charges or who have lived in an impact zone for five of the last 10 years.
Which testing regulations were included in the August 2021 announcement?
The cannabis regulations put forth by the commission only outline the beginning of what will be New Jersey’s regulatory framework for cannabis, including requirements for consumer health and safety via testing. What do the new regulations say about the rules for cannabis testing in New Jersey so far? Among the highlights are:
Lipid additive testing for vape products: State-mandated testing for lipids in vape products is a much-needed measure to guarantee consumer safety. Vaporized formulations may not include inactive ingredients that are additives, cutting agents, and artificial flavorings that may be harmful. This includes Polyethylene glycol (PEG), Propylene glycol (PG), Vegetable glycerin, glycerine, or glycerol (VG), and Vitamin E acetate (VEA), lipids that can be harmful to consumer lung health when vaporized.
At True Labs, we are happy to work within the scope of these guidelines and provide testing services to illustrate the safety and compliance of any vaporized formulations according to the law. Our services can provide peace of mind to consumers who prefer vaping over other forms of consumption.
Sampling procedures and batch sizes: It is critical that sampling procedures are standardized and batch sizes are defined to ensure consistency and precision across the entire legal cannabis industry. New Jersey’s regulations clearly lay out their intentions for achieving representative samples for analysis. However, the complexity of laying this out for the first time can yield some unintended confusion and may open up loopholes.
The initial regulations discuss how many representative samples must be taken from various size lots, but it is unclear if those samples are tested individually are homogenized together. For example, if a 30 pound batch of cannabis flower requires 20 incremental samples for testing, the viewpoint of True Labs for Cannabis is that three full compliance samples should be submitted for testing (10 pounds per batch size). This approach results in more meaningful and accurate testing, as homogenizing so much biomass may have a negative impact on the final result. Our hope is that the CRC clarifies their point of view and reinforces the 10-pound batch size.
Announced and unannounced testing: The CRC is maintaining a quality control program that requires cannabis businesses to undergo announced and unannounced inspections. Samples collected during these inspections will help maintain the integrity of New Jersey’s cannabis industry while disincentivizing “lab shopping.” This program reinforces the importance of a licensed cultivator or manufacturer’s partnership with a reputable and competent third-party testing facility. With this relationship in place, they can confidently undergo these inspections knowing that their material and test results will be validated by the state.
When will there be legal adult-use sales in New Jersey?
While there is no concrete date as of yet when adult-use cannabis sales in New Jersey will begin, the commission did set some expectations for six months from the release of the initial regulations, which would be in February 2022. The commission must pick a date for the first legal adult-use cannabis sales in New Jersey within 180 days from the release of the rules, so it can be expected that there will be an announcement made soon.
Demonstrate quality with above and beyond cannabis testing
The release of New Jersey’s cannabis regulations illuminates some of the basic requirements that will impact cannabis testing. However, no matter what is included or how the law evolves as the commission develops its rules, it is important for cannabis producers to go above and beyond to demonstrate product quality. Doing so will help cultivators and manufacturers gain a competitive advantage in the Garden State’s legal cannabis industry.
True Labs for Cannabis offers testing services that go well beyond the bare minimum regulatory requirements. From comprehensive phytocannabinoid profiling to microbial testing, True Labs for Cannabis, based in East Hanover, New Jersey, offers testing that helps ensure cannabis products are meeting the highest consumer quality and safety standards. This will help set cultivation/manufacturing products apart in what is expected to be one of the most active adult-use markets in the United States. Set the groundwork now for when it comes time to test your samples; contact True Labs for Cannabis now to speak with our leadership.