38-35-14. Testing samples--Exceeding concentration--Destruction of lot.

All testing shall be conducted by a laboratory approved by the Drug Enforcement Administration. The laboratory shall report the delta-9 tetrahydrocannabinol concentration level and the measurement of uncertainty for each sample tested pursuant to this section. If a test reveals a delta-9 tetrahydrocannabinol concentration of more than three-tenths of one percent but not more than five-tenths of one percent, the licensee may request a retest at the licensee's expense. If, upon the retesting, the delta-9 tetrahydrocannabinol concentration exceeds three-tenths of one percent, the entire lot from which the noncompliant sample was collected shall be destroyed as provided by § 38-35-9. However, a sample that tests a result within a measurement of uncertainty that produces a range that includes a delta-9 tetrahydrocannabinol concentration of three-tenths of one percent is compliant for the purposes of this chapter. For the purposes of this section, the measure of uncertainty means the parameter, associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.

Source: SL 2020, ch 176, § 14, eff. Mar. 27, 2020; SL 2021, ch 182, § 7, eff. Mar. 25, 2021.