Revised Oregon Cannabis Testing Rules Worse Than Before

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By Keith Mansur

Oregon Cannabis Connection

 

December 4, 2016 — Oregon’s Revised marijuana testing rules are worse than previous ones says Hovering LaPlante, the CEO of Elbe’s Edibles. The revised testing rules released by the Oregon Health Authority, the agency in charge of the state’s cannabis testing regulations, were intended to “lower costs and create a more efficient process,” according to a memo they released on Friday, December 2nd, but it has actually made the regulations worse, according an open letter penned by Hovering LaPlante.

LaPlante is the CEO of Elbe’s Edibles, and he wrote and sent the letter to the Oregon Health Authority, Oregon Liquor Control Commission, and media outlets “actively seeking immediate changes to these temporary rules that only serve to cripple the edible industry.” Under the new “friendlier” testing rules, they have made changes, LaPlante says make it even more difficult and expensive for edibles manufacturers, not easier as the rules intended.

“Previous to 12/2/16, batch sizes were not capped and a batch of 3,200 units (Elbe’s batch size) required 13 samples to be taken. Now, under these new rules, that same batch of 3,200 units will require 39+ samples to be taken,” LaPlante explains in his letter (see below).

They also changed the requirements for process validation, hoping to defer costs of certification which can be expensive and time consuming already.

“It still does not address looking at the underlying process where product homogeneity is actually achieved in a meaningful way, and is now only valid for one year, instead of two,” LaPlante explained about the changes.

LaPlante also decried their “Management-by-memo” practices stating, “Sending out rules that are effective immediately is not friendly to business of any size, and this practice needs to stop.”

 

Hovering LaPlante’s Open Letter:

To: Governor Brown’s office, OHA, OLCC and interested parties.

Regarding temporary testing rules, effective December 2nd, 2016.

We have been patiently waiting for an adjustment to the testing rules put in place Oct. 1st, 2016.  We have been hopeful that changes would be positive and offer relief from the extreme sample collection and testing fee’s that have nearly destroyed the emerging cannabis market in Oregon. The emergency temporary rules released and effective today, Dec. 2nd, 2016 are worse than we could have imagined.

These rule changes do not achieve the stated goal of reducing the testing burden for edible manufactures, in fact, they do the opposite.

Two major issues in these temporary rules:

– Capping edible batch sizes at 1,000 is unnecessary, unreasonable and does not serve the public health in any way. It DOES serve the labs. We’ve noted before that we believe other voices deserve to be heard when writing the testing rules, not only the “lab experts.” It is clear that edible manufacturers sensible recommendations since Oct.1st were ignored before making this change. Previous to 12/2/16, batch sizes were not capped and a batch of 3,200 units (elbe’s batch size) required 13 samples to be taken. Now, under these new rules, that same batch of 3,200 units will require 39+ samples to be taken. How is that meant to be helpful or reduce our burden? It does exactly the opposite. Who put this cap in place and why? We want to know.

– Process validation has now become a Control Study. However, we fail to see how this change benefits anyone. It still does not address looking at the underlying process where product homogeneity is actually achieved in a meaningful way, and is now only valid for one year, instead of two. Clearly this is not a positive change for manufactures. Also, in combination the 1,000 batch size cap – a control study is LESS beneficial than Process Validation was in the previous rule text.

Wasn’t the intention of these rules to lessen the burden?

And finally, sending out rules that are effective immediately is NOT friendly to business of any size, and this practice needs to stop.

We are actively seeking immediate changes to these temporary rules that only serve to cripple the edible industry.

Your prompt attention is needed.

-elbe’s edibles.

 

© 2016 Oregon Cannabis Connection. All rights reserved.

Keith Mansur

Keith Mansur is the founder, publisher, and editor of Oregon Cannabis Connection newspaper. The print publication has been serving Oregon since 2010. He has been a Oregon medical marijuana patient, grower, and caregiver since 2006. Find him on Facebook or email him at occnewspaper420@gmail.com

keith_mansur has 279 posts and counting.See all posts by keith_mansur

5 thoughts on “Revised Oregon Cannabis Testing Rules Worse Than Before

  • 12/05/2016 at 10:39 am
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    So … if 10 patients each need 100 “pain capsules” for example, there goes that batch – potency testing alone (according to Green Leaf Labs) will cost $2985.00 (nearly 3 thousand dollars) for the batch of 1000. That is for TESTING the potency 1000 capsules and does not include mold, mildew, pesticide testing or any overhead, Cannabis, virgin organic oils, vegan capsules, wages to others, the annual $4000 to make it – $4000 to sell it … and more. I am sickened that this state is trying to put people out of business just by their bad memos. The only way we will be able to survive is with increased batch sizes.

    Where will it stop? Repeal Cannabis Prohibition and set this plant free! This is just insane. We were busy and short handed when this memo came in and I read through it quickly. I *thought* it said batches were limited to 1000, but discarded that right off the bat as “no way, you’re mis-reading that!” It appears I was not wrong…

  • 12/05/2016 at 11:00 am
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    “Unintended consequence”?

  • 12/05/2016 at 12:18 pm
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    You would be crazy to do a batch of 100 without process validation. These rules leave little room for small processors, for sure.

  • 12/05/2016 at 6:21 pm
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    No, the problem is that the batch can be no larger than 1000 now. WTH?!!!

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