§15704. Sampling Standard Operating Procedures.
(a) The licensed laboratory shall develop and implement a sampling standard operating procedure (SOP) that describes the laboratory’s method for obtaining representative samples of cannabis or cannabis products. The licensed laboratory shall use and submit to the Department Sampling – Standard Operating Procedures, DCC-LIC-021 (Amended 2/22), which is incorporated herein by reference.
(b) The licensed laboratory shall retain a copy of the sampling SOP on the licensed laboratory premises and ensure that the sampling SOP is accessible to the sampler during sampling.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26100, 26102, 26104 and 26110, Business and Professions Code.
§15705. General Sampling Requirements.
(a) The licensed laboratory that obtains a representative sample from a licensed distributor or licensed microbusiness shall perform all the required testing at one licensed laboratory premises.
(b) The licensed laboratory may obtain and analyze samples only from cannabis products batches in final form as required by Business and Professions Code section 26100.
(c) The licensed laboratory sampler shall collect a representative sample from each batch following the procedures specified in the laboratory’s sampling standard operating procedure(s).
(d) The licensed laboratory shall ensure that the sample is transported and subsequently stored at the licensed laboratory premises in a manner that prevents degradation, contamination, commingling, and tampering. If the cannabis or cannabis products specify on the label how the cannabis or cannabis products shall be stored, the laboratory shall store the sample as indicated on the label.
(e) The licensed laboratory shall complete a chain of custody form for each sample that the laboratory collects and analyzes.
(f) Once a representative sample has been obtained for regulatory compliance testing, the licensed laboratory that obtained the sample must complete the regulatory compliance testing.
(g) If a licensed laboratory is unable to competently complete the regulatory compliance testing after sampling and before a COA is issued, the licensed distributor or microbusiness authorized to engage in distribution who arranged for the testing of the batch may request approval from the Department to have the impacted batch re-sampled and tested by another licensed laboratory.
- The request shall be made in writing via email to testinglabs@cannabis.ca.gov and shall include all of the following:
- The name and license number of the distributor;
- The batch numbers;
- The type and quantity of cannabis or cannabis products;
- The name and license number of the laboratory that took the initial sample and is not able to competently complete the regulatory compliance testing;
- The name and license number of the laboratory proposed to re-sample and complete the regulatory compliance testing for the batch; and
- The reason why the laboratory that initially took the sample cannot competently complete the regulatory compliance testing.
- The Department will review the request and determine if the licensed laboratory that initially took the sample is unable to competently complete the regulatory compliance testing. If the Department determines that the licensed laboratory is unable to competently complete the regulatory compliance testing, the Department, in its discretion, may approve the request in whole or part and set conditions for the re- sampling and testing.
- No re-sampling of any batch shall occur prior to the licensed distributor or licensed microbusiness authorized to engaged in distribution receiving written approval from the Department.
Authority cited: Section 26013, Business and Professions Code.
Reference: Sections 26100, 26104 and 26110, Business and Professions Code.
§15706. Chain of Custody (COC).
(a) The licensed laboratory shall develop and implement a COC protocol to ensure accurate documentation is recorded for the transport, handling, storage, and destruction of samples.
(b) The COC protocol shall require the use of a COC form. The sampler shall use a COC to record the following information for each sampled batch:
- Laboratory’s name, licensed premises address, and license number;
- Date and time sampling started and ended;
- Licensed distributor or licensed microbusiness’ name, licensed premises address, and license number;
- Licensed cultivator’s, licensed manufacturer’s, licensed distributor’s, or licensed microbusiness’ name, licensed premises address, and license number;
- Batch number of the batch from which the representative sample was obtained and assigned unique sample identifier;
- Sample matrix;
- Total batch size, by weight, or unit count;
- Total weight, or unit count of the representative sample;
- Sampling conditions or problems encountered during the sampling process, if any;
- Printed name and signature of the licensed distributor or licensed microbusiness’ authorized to engage in distribution employee; and
- Printed name and signature of the sampler.
(c) Each time a sample changes custody between licensees, is transported, or is destroyed, the date, time, and the names and signatures of persons involved in these activities shall be recorded on the COC form.
(d) Once the custody of the sample changes between licensees, the COC form for that change of custody may not be altered.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26100, 26102, 26104 and 26110, Business and Professions Code.
§ 15707. Harvest Batch Sampling.
(a) The sampler shall obtain a representative sample from each prepacked or unpacked harvest batch. The representative sample must weigh 0.35% of the total harvest batch weight.
(b) A sampler may collect a representative sample greater than 0.35% of the total harvest batch weight of a prepacked or unpacked harvest batch if necessary to perform the required testing or to ensure that the samples obtained are representative.
(c) The prepacked or unpacked harvest batch from which a sample is obtained shall weigh no more than 50.0 pounds. Laboratory analyses of a sample collected from a harvest batch weighing more than 50.0 pounds shall be deemed invalid and the harvest batch from which the sample was obtained shall not be released for retail sale.
(d) When the sampler obtains a representative sample from an unpacked harvest batch, the sampler shall do all the following:
- Collect the number of sample increments relative to the unpacked harvest batch size as listed in the following table;
- Obtain sample increments from random and varying locations of the unpacked harvest batch, both vertically and horizontally. To the extent practicable, the sample increments obtained from an unpacked harvest batch shall be of equal weight; and
- To the extent practicable, collect an equal number of sample increments from each container if the unpacked harvest batch is stored in multiple containers.
| Unpacked Harvest Batch Size (pounds) | Number of Increments (per sample) |
| ≤ 10.0 | 8 |
| 10.1 – 20.0 | 16 |
| 20.1 – 30.0 | 23 |
| 30.1 – 40.0 | 29 |
| 40.1 – 50.0 | 34 |
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26100, 26104 and 26110, Business and Professions Code.
§15708. Cannabis Product Batch and Pre-Roll Sampling.
(a) The sampler shall obtain a representative sample from each cannabis product batch or pre-roll batch.
(b) The sampler may collect a greater number of sample increments if necessary to perform the required testing or to ensure that the samples obtained are representative.
(c) The cannabis product batch or pre-roll batch from which a representative sample is obtained shall contain no more than 150,000 units. Laboratory analyses of a sample collected from a cannabis product batch containing more than 150,000 units shall be deemed invalid and the cannabis product batch or pre-roll batch from which the representative sample was obtained shall not be released for retail sale.
(d) The sampler shall obtain a representative sample of a cannabis product or pre-roll batch by collecting, at minimum, the number of sample increments relative to the batch size as listed in the following table. Each sample increment consists of 1 packaged unit.
| Cannabis Product or Pre-roll Batch Size (units) | Number of Sample Increments (per sample) |
| ≤ 50 | 2 |
| 51 – 150 | 3 |
| 151 – 500 | 5 |
| 501 – 1,200 | 8 |
| 1,201 – 3,200 | 13 |
| 3,201 – 10,000 | 20 |
| 10,001 – 35,000 | 32 |
| 35,001 – 150,000 | 50 |
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26100, 26104 and 26110, Business and Professions Code.
§15709. Laboratory Transportation of Cannabis and Cannabis Products Samples.
(a) The following requirements apply when a licensed testing laboratory transports cannabis or cannabis products samples:
- While transporting cannabis or cannabis products samples, a licensed testing laboratory employee shall ensure the cannabis or cannabis products are not visible to the public. Cannabis or cannabis products shall be stored in a secure, fully enclosed trunk that cannot be accessed from inside the vehicle, or in a secured area or compartment within the interior of the vehicle. A “secured area” is defined as an area where solid or locking metal partitions, cages, or high-strength shatterproof acrylic can be used to create a secure compartment in the fully enclosed vehicle. The secured area may be comprised on three sides by any part of the body of the vehicle, provided the parts of the vehicle used for the purposes of this section are shatterproof and are not made of glass.
- While left unattended, vehicles and trailers shall be locked and secured.
- The licensed laboratory shall not leave a vehicle or trailer containing cannabis or cannabis products samples unattended in a residential area or parked overnight in a residential area.
- The licensed laboratory shall ensure that any vehicle or trailer transporting cannabis or cannabis products samples has an alarm system.
- The licensed laboratory shall ensure that packages or containers holding cannabis or cannabis products samples are neither tampered with nor opened during transport.
- The licensed laboratory transporting cannabis or cannabis products samples shall only travel between licensees for whom the laboratory is conducting regulatory compliance testing or quality assurance testing. A laboratory shall not deviate from the travel requirements described in this section, except for necessary rest, fuel, or vehicle repair stops.
- The licensed laboratory may transport multiple cannabis or cannabis products samples obtained from multiple licensees at once.
- Vehicles or trailers transporting cannabis or cannabis products samples are subject to inspection by the Department at any licensed premises or during transport at any time.
- No person under the age of 21 years old shall be in a vehicle or trailer transporting cannabis or cannabis products samples.
- Only an employee of the licensed laboratory or security personnel who meets the requirement of section 15045 shall be in a vehicle while transporting cannabis or cannabis products samples.
(b) Upon request, the licensed laboratory shall provide the following required transport vehicle information to the Department:
- The certificate of ownership or registration card issued by the California Department of Motor Vehicles for each vehicle used to transport cannabis or cannabis products samples;
- The year, make, model, license plate number, and numerical Vehicle Identification Number (VIN) for each vehicle or trailer used to transport cannabis or cannabis products samples; and
- Proof of insurance for each vehicle used to transport cannabis or cannabis products samples.
(c) All vehicles and trailers used for transportation shall be owned or leased, in accordance with the Vehicle Code, by the licensee. The licensee is not required to be the sole owner or lessor of the vehicle or trailer and all owners and lessors may use the vehicle for non-commercial cannabis activity.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26100, 26102, 26104 and 26110, Business and Professions Code.
§15710. Laboratory Receipt of Samples Obtained from a Distributor or Microbusiness.
(a) The licensed laboratory may accept and analyze a sample from a licensed distributor or licensed microbusiness authorized to engage in distribution for the required testing under section 15714 only if there is an accompanying COC form for the sample.
(b) The licensed laboratory employee who receives the sample shall date, print, and sign their name on the accompanying sample COC.
(c) The licensed laboratory shall not analyze a sample obtained from a licensed distributor or licensed microbusiness authorized to engage in distribution, and the batch from which the sample was obtained may not be released for retail sale, if any of the following occur:
- The sample is received at the laboratory without the requisite COC form;
- The tamper-evident material is broken prior to the sample being received at the laboratory; or
- There is evidence of sample commingling, contamination, degradation, or a related occurrence rendering the sample unusable for analytical testing when the sample is received at the laboratory.
Authority: Section 26013, Business and Professions Code.
Reference: Sections 26100, 26104 and 26110, Business and Professions Code.