Recent concern voiced by marijuana industry operators in Missouri to the Division of Cannabis Regulation (DCR) concerning the expiration of blanket variance waivers has seemingly lead to an extension of blanket waivers for a list of new requirements set to be implemented.

The original waivers, detailed in a document dated July 28, expired on October 31. Due to concerns and queries raised by industry participants, including testing labs, licensees, and Missouri Cannabis Trade Association (MoCann Trade), DCR has taken steps to address the situation.

On Thursday, two days after the original expiration date, the Division of Cannabis Regulation, issued communication to operators.

In its letter, DCR, shed light on the specific extension of waivers related to rules that became effective on July 30, 2023.

These rules pertain to various testing requirements for cannabis products, including the testing for certain compounds like tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), and Delta 8 tetrahydrocannabinol (Δ8-THC) in the cannabinoid profile. The same goes for testing requirements related to vitamin E acetate in inhalables and concentrates, residual solvent testing for raw plant material, water activity and moisture content in specific marijuana products, more detailed foreign matter screening requirements, and the inclusion of terpene analysis in mandatory testing.

“DCR understands licensees need time to come into compliance with impending statewide track and trace system (Metrc) changes required to support testing final rules. A waiver means a licensee is not required to comply with the rule or specific provision of the rule. A variance means that a licensee must comply with an alternative requirement to be considered in compliance with the rule or provision of the rule.
19 CSR 100-1.110(7)(E)6-8 provides for additional analytes, tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), and delta 8 tetrahydrocannabinol (Δ8-THC), to be included in mandatory testing of the cannabinoid profile. DCR is waiving this requirement until November 30, 2023.
19 CSR 100-1.110(7)(G)2 requires an additional analyte, vitamin E acetate, to be included in chemical residue screening for mandatory testing of marijuana product tested as inhalables and concentrates. DCR is waiving this requirement for vitamin E acetate until November 30, 2023.
19 CSR 100-1.110(7)(G)4 requires residual solvent testing for all final marijuana product including raw plant material. DCR is waiving this requirement for final marijuana product tested as raw plant material until November 30, 2023.
19 CSR 100-1.110(7)(G)5 provides for additional final marijuana products, prerolls, infused prerolls, manually extracted concentrates, and solid infused products to be included in water activity and moisture content screening for mandatory testing. DCR is waiving this requirement until November 30, 2023.
19 CSR 100-1.110(7)(G)6.A-D provides for more specific requirements related to foreign matter screening for mandatory testing. DCR is waiving the additional requirements until November 30, 2023.
19 CSR 100-1.110(8) requires terpene analysis to be included in a testing licensee’s scope of accreditation and scope of proficiency testing when tested in conjunction with mandatory testing. DCR is waiving this requirement until November 30, 2023.”

DCR emphasized that while these rules are temporarily waived, licensees should actively work towards compliance to ensure they are ready by the deadlines outlined.

Additionally, while operators feel bogged down by multiple review and approval processes, Greenway was told that DCR is actively working to create a dashboard that will display processing times related to the current number and processing time for applications including change requests, ownership transfers, variances, and packaging/item approvals. The dashboard will be made available to the public in the near future, according to DCR.

View the communications letter in full here.

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