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Yes. Although the state has a contract with a third-party laboratory, High Tide Lab Company, to test all medical marijuana products in the state, Delaware’s new recreational marijuana law will allow independent testing laboratories to obtain licenses for recreational marijuana testing.
Under Delaware's marijuana law, a marijuana testing laboratory or facility must obtain, maintain, and be operated in accordance with the International Organization for Standardization 17025 (ISO 17025) standards as confirmed by accreditation by a third-party accrediting body or a qualified auditing organization using approved ISO 17025 criteria.
Marijuana sold in Delaware must be tested and labeled to ensure that consumers are informed about the safety of marijuana products sold in the state. Chapter 4470 of the State of Delaware Medical Marijuana Code requires safety compliance facilities to test marijuana produced for medical use for contaminants and potency. Marijuana testing must include tests for:
Delaware recreational marijuana laws also require testing facility licenses to conduct analyses for residual solvents, poisons, or toxins; harmful chemicals; dangerous molds or mildew; filth; harmful microbes such as E. coli or salmonella; and pesticides.
Per Section 18 of the 4470 State of Delaware Medical Marijuana Code, test results for marijuana samples must be submitted to the Delaware Consolidated Cannabis Control System (DEC3S). The Delaware Enterprise Consolidated Cannabis Control System or DEC3S is the statewide portal that serves as a patient registry, point of sale monitor, seed-to-sale inventory tracker, and repository of medical marijuana product test results.
Compassion Centers are not allowed to sell or prepare products from tested batches until the Safety and Compliance Center enters their test scores into the DEC3S. Batches will be listed as unavailable for sale until the testing center completes the sample testing and enters the results into DEC3S, unlocking them for sale.
Testing cost for marijuana in Delaware varies depending on several factors, such as sample size and the type of testing. However, High Tide Laboratory claims that its clients pay an average of $475,000 for marijuana testing per year.
Pursuant to Section 18.5.4 of 4470 State of Delaware Medical Marijuana Code, if a sample tested fails one or more of the required testing standards, the DEC3S will lock out those barcodes until remediation action is completed and the batch is resubmitted for testing. However, if remediation is impossible, the compassion center must coordinate with the Office of Medical Marijuana on the batch's disposition, or the batch must be scheduled for destruction.
To ensure that Delaware medical marijuana patients buy safe marijuana products free of pesticides and other contaminants, the Delaware Office of Medical Marijuana (OMM) contracts with the High Tide Lab Company of Camden, Delaware. However, under the recent recreational marijuana law, 5 testing laboratories will be licensed to test recreational marijuana products when the state begins issuing recreational marijuana licenses to qualified businesses.