In this chapter, the following terms have the meanings indicated. Terms Defined. “Accreditation body” means a nonprofit, impartial organization that requires conformance to 17025 ISO/IEC requirements and is a signatory to the international laboratory accreditation cooperation (ILAC) mutual recognition arrangement for testing. “Cannabis industry” means all cannabis registrants, licensees, and their agents in Maryland. An independent testing laboratory shall register with the Administration. To register, an independent laboratory shall: Submit a completed independent laboratory registration form; Pay the registration fee specified in COMAR 14.17.21; Submit a copy of the certificate of accreditation accompanied by the scope of accreditation; and Submit the name, address, date of birth, and Social Security Number or Individual Taxpayer Identification Number of each independent testing laboratory employee and a copy of the application form completed by each independent testing laboratory employee. The Administration may issue a provisional registration to an independent testing laboratory that has not yet been issued a certificate of accreditation in Maryland if the independent testing laboratory submits: A copy of the contract with the accreditation body with which it is applying to become accredited and a copy of the proposed scope of the accreditation; Evidence the independent testing laboratory has been accredited by the accreditation body in another jurisdiction; and All other required components listed in §B of this regulation. Once it has obtained a certificate of accreditation, a provisionally registered independent testing laboratory shall apply to be registered, subject to the following terms: The term of the registration may not exceed the term of the provisional registration; and No additional registration fee need be paid for that term. The independent testing laboratory shall: Follow the methodologies, ranges and parameters which are contained in the scope of the accreditation for testing cannabis or cannabis products; Establish standard operating procedures and method validation or verification, if applicable, for testing that are approved by the accrediting body and the Administration; Establish and follow written procedures for verifying the experience and education of laboratory employees; Before an independent testing laboratory employee works or volunteers for the independent testing laboratory, register the employee with the Administration; Upon termination of the independent testing laboratory’s association with a registered independent testing laboratory employee: Obtain any keys or other entry devices from the terminated independent testing laboratory employee; Ensure the terminated independent laboratory employee can no longer gain access to the laboratory premises; and Within 1 business day of the termination of independent laboratory employee, notify the Administration of the termination; Notify the Administration within 1 business day after the independent testing laboratory obtains notice of any kind that its accreditation has been denied, suspended, or revoked; Implement the testing requirements established in Regulation .05 of this chapter and identified in the Administration’s Technical Authority for cannabis testing; Maintain a continuous or motion-activated video surveillance recording system that: Records all activity high quality and high resolution images capable of clearly revealing facial detail; Operates 24 hours a day, 365 days a year without interruption; Provides a date and time stamp for every recorded frame; and Captures activity at each area where cannabis is tested, disposed of, or stored; Store and retain all recordings of security video surveillance in a format that can be easily accessed for investigational purposes for a minimum of 90 calendar days; Make any security video surveillance recording available to the Administration or law enforcement agency for just cause as requested within 48 hours; Maintain a log of all visitors to the premises for 2 years; and Conspicuously display a copy of its laboratory registration at the registered premises. Violation. Failure to provide the Administration with any video surveillance recording within 48 hours of a request from the Administration is a violation of COMAR 14.17.14.04. Each day of recording within the minimum timeframe stated in §A(9) of this regulation that a licensee fails to provide to the Administration constitutes a separate violation. The registration is valid for 2 years. An independent testing laboratory may renew its registration by submitting to the Administration: A registration renewal form completed in the manner specified by the Administration; Payment of the registration fee specified in COMAR 14.17.21; and Submission of copies of the most recent: Assessment from the accreditation body; and Proficiency testing results obtained by the independent testing laboratory. In this regulation, “supporting data” means charts, graphs, spectra, or other information resulting from the testing of cannabis or cannabis products. An independent testing laboratory shall: Establish and follow statistically valid sampling methods to obtain samples from licensees; Adopt standard operating procedures that are approved by the Administration to test cannabis, cannabis concentrate, and any other product that contains more than 0.5 milligrams of THC per serving and 2.5 milligrams of THC per package; Perform sampling, testing, and analysis of cannabis and cannabis products in accordance with the Administration’s Technical Authority; In the event a test result is outside action limits: Follow standard operating procedure to confirm or refute the original result; Notify the Administration of the failed test result via reporting in the seed-to-sale tracking system within 24 hours of the determination; and Follow testing protocols established in the MCA’s Technical Authority. Issue to the licensee a certificate of analysis for each batch or lot, with supporting data upon request, to report concentrations of compounds, presences of contaminants, and whether the batch or lot is within action limits for certain characteristics, as required by the Technical Authority; and After the analysis is complete, weigh, document, and destroy all green waste in accordance with a standard operating procedure approved by the Administration. An independent testing laboratory may only handle, test, or analyze cannabis or cannabis products if it: Has been registered by the Administration; Is independent from any entity licensed under Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of Maryland, to grow, process, or dispense cannabis; Is accredited by an accreditation body or has a provisional registration from the Administration; Has established standard operating procedures that provide for adequate chain of custody controls for samples transferred to the independent testing laboratory for testing, which are approved by the Administration; and Enters timely and accurate data into the seed-to-sale tracking system that identifies and tracks samples. Upon request, in a format determined by the Administration, independent testing laboratories shall: Provide materials to the State Cannabis Testing Laboratory to conduct the activities under Regulation .07B of this chapter; and As part of a licensee inspection, analyze samples and provide a written report to the Administration. A registered independent testing laboratory may transport samples of cannabis and products containing cannabis from the premises of a licensed grower, processor, or dispensary to the independent testing laboratory. A registered independent testing laboratory shall transport samples of cannabis and products containing cannabis: With oversight by at least one independent testing laboratory employee registered with the Administration; and Using a vehicle that meets the criteria specified in COMAR 14.17.09.03. The Administration shall operate a State Cannabis Testing Laboratory under Alcoholic Beverages and Cannabis Article, §36-204, Annotated Code of Maryland. The Administration shall operate a State Cannabis Testing Laboratory to: Prepare, conduct, and analyze proficiency testing events for independent testing laboratories registered under this chapter; Develop cannabis testing methodologies; Conduct compliance testing on cannabis samples; Establish and verify standard operating procedures for independent testing laboratories; Develop and facilitate quality assurance and compliance controls for micro growers and micro processors; Remediate problems with registered independent testing laboratories and recommend Administration sanctions; and Test products for adverse event reporting, research, and other purposes deemed necessary by the Administration, including: Licensed cannabis products produced and sold in accordance with this subtitle; Unlicensed cannabis products produced or sold in violation of this subtitle; Hemp derived products; and Any other products required to be tested for the public health or public safety of Maryland. Pilot Programs. The State Cannabis Testing Laboratory may establish pilot programs for the purposes of: Improving public health and safety; Reviewing existing regulatory standards; or Developing new regulatory standards. As part of a pilot program established under this section, the Administration may waive, reduce, or amend existing testing standards. Participation in a pilot program will be determined by the Administration, in a manner prescribed by the Administration. Alcoholic Beverages and Cannabis Article, §§36-202—204, and 36-408, Annotated Code of Maryland Effective date: Regulations .01—.07 adopted as an emergency provision effective July 1, 2023 (50:14 Md. R. 559); emergency status expired June 30, 2024 Regulations .01—.07 adopted as an emergency provision effective June 7, 2024 (51:14 Md. R. 676) Regulations .01—.07 adopted effective July 22, 2024 (51:14 Md. R. 678) Regulation .03A amended effective April 14, 2025 (52:7 Md. R. 324) Regulation .04B amended effective April 14, 2025 (52:7 Md. R. 324) Regulation .05 amended effective April 14, 2025 (52:7 Md. R. 324)