Montana Code Annotated
Part 2. Licensing and Regulation
16-12-206. Testing laboratories -- licensing inspections

16-12-206. Testing laboratories -- licensing inspections. (1) A testing laboratory may:
(a) measure the tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid content of marijuana and marijuana products; and
(b) test marijuana and marijuana products for pesticides, solvents, moisture levels, mold, mildew, and other contaminants. A testing laboratory may transport samples to be tested.
(2) A licensed testing laboratory shall employ a scientific director who is responsible for ensuring the achievement and maintenance of quality standards of practice. A scientific director must have the following minimum qualifications:
(a) a doctorate in chemical or biological sciences from a college or university accredited by a national or regional certifying authority and a minimum of 2 years of postdegree laboratory experience; or
(b) a master's degree in chemical or biological sciences from a college or university accredited by a national or regional certifying authority and a minimum of 4 years of postdegree laboratory experience.
(3) All owners and employees of a testing laboratory shall submit fingerprints to the department to facilitate a fingerprint and background check as set forth in 16-12-129. A testing laboratory may not be owned, operated, or staffed by a person who has been convicted of a felony offense.
(4) To qualify for licensure, a testing laboratory shall demonstrate that:
(a) staff members are proficient in operation of the laboratory equipment; and
(b) the laboratory:
(i) maintains the equipment and instrumentation required by rule;
(ii) has all equipment and instrumentation necessary to certify results that meet the quality assurance testing requirements established by rule, including the ability to certify results at the required level of sensitivity;
(iii) meets insurance and bonding requirements established by rule;
(iv) has the capacity and ability to serve rural areas of the state; and
(v) has passed a proficiency program approved by the state laboratory that demonstrates it is able to meet all testing requirements.
(5) Except as provided in 16-12-209, a testing laboratory shall conduct tests of:
(a) samples of marijuana and marijuana products submitted by cultivators and manufacturers pursuant to 16-12-209 and related administrative rules prior to sale of the marijuana or marijuana products;
(b) samples of marijuana or marijuana products collected by the department during inspections of licensed premises; and
(c) samples submitted by consumers or registered cardholders.
History: En. Sec. 12, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 53, Ch. 576, L. 2021.