determine required adulterant tests for a cannabis plant product, cannabis concentrate, or cannabis product;
(b)
determine the amount of any adulterant that is safe for human consumption;
(c)
immediately ban or limit the presence of any ingredient in a medical cannabis product after receiving a recommendation to do so from a public health authority under Section 26B-1-102;
(d)
establish protocols for a recall of medical cannabis by a cannabis production establishment; or
(e)
allow the propagation of testing results forward to derived product if the processing steps the cannabis production establishment uses to produce the product are unlikely to change the results of the test.
(2)
(a)
The department may require testing for a toxin if:
(i)
the department receives information indicating the potential presence of a toxin; or
(ii)
the department's inspector has reason to believe a toxin may be present based on the inspection of a facility.
(b)
The department may not require a cannabis processor to test a cannabis batch or a cannabis product batch a third time if the cannabis batch or cannabis product has previously met all testing requirements after being tested by:
(i)
an independent cannabis testing laboratory that is not the department; and
(ii)
the department.
(3)
(a)
A cannabis production establishment may not:
(i)
incorporate cannabis concentrate into a cannabis derivative product until an independent cannabis testing laboratory tests the cannabis concentrate in accordance with department rule; or
(ii)
transfer cannabis or a cannabis product to a medical cannabis pharmacy until an independent cannabis testing laboratory tests a representative sample of the cannabis or cannabis product in accordance with department rule.
(b)
A medical cannabis pharmacy may not offer any cannabis or cannabis product for sale unless an independent cannabis testing laboratory has tested a representative sample of the cannabis or cannabis product in accordance with department rule.
(4)
Before the sale of a medical cannabis product, an independent cannabis testing laboratory shall:
(a)
identify and quantify any cannabinoid known to be present in the medical cannabis product; and
(b)
test terpene profiles for the following products:
(i)
raw cannabis; or
(ii)
a cannabis product:
(A)
contained in a vaporizer cartridge; or
(B)
in concentrate form; and
(c)
record the five highest terpene profiles tested under Subsection (4)(b).
(5)
The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the testing of cannabis and cannabis products by independent cannabis testing laboratories.
(6)
The department may require an independent cannabis testing laboratory to participate in a proficiency evaluation that the department conducts or that an organization that the department approves conducts.
Section 41a-701 ("Cannabis and cannabis product testing.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 41a-701?
A common citation format is "Utah Code § 41a-701" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 41a-701 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
