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Yes. Qualified entities can obtain licenses to operate independent cannabis testing laboratories in Virginia. Per Section 54.1-3423(C) of the Code of Virginia, a practitioner must obtain registration to conduct research or laboratory analysis with marijuana or controlled substances listed in Schedules II through IV. Currently, the Board for Professional and Occupational Regulation is responsible for issuing controlled substances registration certificates to independent marijuana testing labs in the Commonwealth. Once the sale of recreational marijuana begins in Virginia, the state's Cannabis Control Authority (CCA) will be responsible for licensing marijuana testing facilities.
Per 18VAC110-60-300, a registered cannabis testing laboratory in Virginia must satisfy the following requirements:
As stipulated in 18VAC110-60-300(C), registered marijuana testing laboratories in Virginia are required to test for the following from each harvest batch of botanical cannabis products provided by pharmaceutical processors:
In addition to testing a sample of marijuana made available to a cannabis testing lab for these constituents/impurities, the lab is also required to conduct an active ingredient analysis and terpenes profile on them.
The results obtained from tests conducted by registered cannabis testing laboratories in Virginia must be reported to the pharmaceutical processors that provided such batches of marijuana. As required by 18VAC110-60-300, a marijuana testing lab must file with the Board for Professional and Occupational Regulation a copy of each test result for any batch that fails the required tests. The copy filed with the Board must be sent at the same time the testing facility transmits it to the pharmaceutical processor.
The cost of testing cannabis products in Virginia is not fixed and is usually determined by the testing lab, the sample size, and what is being tested. Typically, most registered cannabis testing labs in the Commonwealth maintain the cost of individual tests on their chain of custody forms.
In Virginia, the batch of any sample of botanical marijuana product that fails the water activity, mycotoxin, microbiological, moisture content, or heavy metal test based on the standards stipulated in 18VAC110-60-300 may be remediated. Once remediated, the batch must be retested for these elements, and an active ingredient analysis and terpenes profile must be conducted. However, if it does not pass retesting, the batch of cannabis may be deemed usable cannabis and processed into cannabis oil unless the failure is related to pesticide requirements.
Any botanical marijuana product that fails the pesticide chemical residue test in Virginia cannot be remediated. The batch from which such a sample was provided cannot be considered usable and may not be processed into cannabis oil. Hence, the pharmaceutical processor must destroy the entire batch while the lab destroys the sample tested.