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Yes. The New York State Office of Cannabis Management (OCM) is charged with overseeing the medical and adult-use cannabis programs as well as the cannabinoid hemp industry in the state. The OCM licenses qualified independent testing laboratories to test cannabis and cannabis products in New York.
Although New York has a state reference laboratory, a cannabis business licensee is not permitted to use the laboratory to test a cannabis product lot or batch. The state reference laboratory only assists the OCM in testing cannabinoid hemp, cannabis products, or medical cannabis that the Office suspects are fraudulent, inaccurate, or compromised testing by a permitted cannabis laboratory.
A state reference laboratory is a cannabis laboratory with which OCM contracts or a laboratory operated by the NYS Department of Health (DOH). OCM has an agreement with DOH’s Wadsworth Center, Biggs Laboratory, to serve as the reference laboratory for OCM.
Per Section 9.130.7 of the New York Code, Rules, and Regulations, a cannabis laboratory must maintain ISO/IEC 17025 accreditation or an accreditation based on ISO/IEC 17025 accreditation by another laboratory accreditation authority approved by the OCM.
Also, a cannabis laboratory must participate in proficiency tests by an approved proficiency test provider and pass 2 out of the most recent 3 proficiency tests as part of the permit requirements.
Due to the potential for contamination in cannabis from cultivation to processing, the New York Office of Cannabis Management requires all cannabis products meant for sale in the state to undergo testing to ensure quality and safety. Per OCM testing requirements, adult-use and medical cannabis products in New York must be tested for:
According to the OCM lab testing regulations, each laboratory performing testing must communicate lab test results to the Office of Cannabis Management and the licensee that submitted the sample for testing. Licensees are also advised to speak to the laboratory they choose to agree on how the laboratory will provide the Certificates of Analysis to their clients. Specific instructions on how lab test results should be communicated to the OCM are not included in the OCM regulations.
New York does not set prices for cannabis testing. Per OCM lab testing regulations, laboratories can set up their own prices based on market demand. Cannabis establishments are advised to contact multiple laboratories to find specific costs for cannabis tests and find which lab works for their business needs.
The Office of Cannabis Management does not allow failed cannabis product lots or batches to be sold to cannabis buyers. The OCM allows cannabis establishments to remediate a lot or batch that fails cannabis testing. The cannabis laboratory that conducted the initial test must retest the remediated lot or batch to verify that the remediation process is successful. Any lot that fails contaminant testing and cannot be remediated or repurposed, and remediated or repurposed lots or batches that fail contaminant testing must be destroyed.
Note that a cannabis business licensee can use multiple laboratories to meet their individual testing needs. However, a licensee cannot use multiple laboratories to perform the same test on a cannabis product lot or another lab to test a remediated lot.
As of 2024, there are almost 20 licensed cannabis testing laboratories in New York.