N.D. Admin Code 33-44-01-51 - Standards for concentration compliance testing

1. Usable marijuana concentration testing must include:

a. Tetrahydrocannabinol (THC).

b. Tetrahydrocannabinolic acid (THCA).

c. Cannabidiol (CBD).

d. Cannabidiolic acid (CBDA).

2. The total tetrahydrocannabinol and total cannabidiol must be calculated as follows:

a. Total tetrahydrocannabinol, where M is the mass or mass fraction of tetrahydrocannabinol or tetrahydrocannabinolic acid:

M total THC = THC + (0.877 x M THCA)

b. Total cannabidiol, where M is the mass or mass fraction of cannabidiol and cannabidiolic acid:

M total CBD = M CBD + (0.877 x M CBDA)

3. Test results must report tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid content by dry weight calculated as follows:

a. P THC(dry) = P THC(wet) / [1-(P moisture/100)].

b. P THCA(dry) = P THCA(wet) / [1-(P moisture/100)].

c. P CBD(dry) = P CBD(wet) / [1-(P moisture/100)].

d. P CBDA(dry) = P CBDA(wet) / [1-(P moisture/100)].

4. The concentration test fails if the total amount of tetrahydrocannabinol and tetrahydrocannabinolic acid, as calculated pursuant to this section, exceeds the maximum concentration or amounts permitted in North Dakota Century Code chapter 19-24.1.

5. The concentration test fails if the tetrahydrocannabinol or cannabidiol content of a medical cannabinoid product is determined through testing not to be homogenous. A medical cannabinoid product is considered not to be homogenous if ten percent of the infused portion of the medical cannabinoid product contains more than twenty percent of the total tetrahydrocannabinol or cannabidiol contained within the entire medical cannabinoid product.

6. If the samples do not pass testing standards for concentration, the manufacturing facility must comply with section 33-44-01-52.

Notes

N.D. Admin Code 33-44-01-51

Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018. Amended by Administrative Rules Supplement 374, October 2019, effective 10/1/2019. Amended by Administrative Rules Supplement 2022-385, July 2022, effective 7/1/2022.

General Authority: NDCC 19-24.1-36

Law Implemented: NDCC 19-24.1-36