Licensed cannabis distributors in California must follow specific rules for regulatory compliance testing and representative sampling before products can be sold at retail. This step-by-step checklist explains distributor responsibilities under the California Code of Regulations (CCR), Title 4, including batch possession, representative sampling, chain of custody, certificates of analysis (COA), and what to do if a batch passes or fails compliance testing.
Have physical possession of the entire cannabis or cannabis product batch you plan to have tested
The distributor must have physical possession of the entire batch of cannabis or cannabis product before arranging for regulatory compliance testing.
Cannabis products and pre-rolls must be in their final form and packaged and labeled as they will be sold at retail when sampled by a licensed laboratory. Only cannabis flower can be packaged or unpacked (in bulk) when sampled by a licensed laboratory.
More information: CCR section 15304, CCR section 15707, CCR section 15708, CCR section 17401
Contact a licensed testing laboratory and arrange for representative sampling
After taking physical possession of a batch of cannabis or cannabis product, the licensed distributor can contact a licensed testing laboratory and arrange for a laboratory employee to come to the distributor’s licensed premises to obtain a representative sample for regulatory compliance testing.
More information: CCR section 15304
Review the batch for representative sampling
The distributor is responsible for ensuring that the batch size from which the representative sample is taken meets regulatory and statutory requirements.
More information: CCR section 15305, CCR section 15707, CCR section 15708
Representative sampling process
The laboratory employee must obtain a representative sample from the entire batch at the distributor’s licensed premises. The laboratory employee cannot take representative samples from cannabis or products not in the distributor’s possession at the licensed premises.
The distributor or an employee of the distributor must be physically present to observe the laboratory employee conducting the representative sampling. The distributor or employee must ensure the sample increments include products throughout the batch.
The distributor or employee of the distributor must also:
- Ensure the sampling is video recorded with the batch number stated verbally or in writing on the video at the beginning of the video
- Ensure there is a visible time and date indication on the video recording footage and
- Maintain the video recordings for 90 calendar days
The distributor or employee cannot:
- Assist the laboratory employee
- Handle or touch the cannabis or cannabis products while the laboratory employee is obtaining the sample or
- Handle or touch the sampling equipment while the laboratory employee is obtaining the sample
Once a sample has been obtained from a batch for regulatory compliance testing, a distributor may not arrange for or allow another laboratory to sample or re-sample the same batch, unless the distributor has received written approval from DCC to re-sample and test the batch.
The distributor must store the entire batch the sample was taken from, on its licensed premises until it either:
- Passes regulatory compliance testing, or
- Fails regulatory compliance testing and a corrective action plan for remediation has been approved by DCC
More information: CCR section 15305, CCR section 15305.1, CCR section 15705, CCR section 17305
Sign the chain of custody (COC) form
After the laboratory employee has selected the sample, the distributor or distribution employee and the laboratory employee must sign and date the COC form, attesting that the sampling occurred.
More information: CCR section 15305, CCR section 15706
After receiving a certificate of analysis (COA)
When a licensed distributor receives a COA for regulatory compliance testing from the laboratory or upon transfer from another distributor stating that the batch meets the regulatory compliance testing standards, the receiving distributor must ensure the following before transporting the cannabis goods to a retailer or microbusiness authorized to engage in retail sales:
- The COA corresponds to the correct batch of cannabis goods
- The COA is less than 12 months old and
- The label on the cannabis goods is consistent with the COA regarding cannabinoid and terpenoid content which must be listed by law as follows:
- For cannabis goods labeled before receiving the COA, the distributor must ensure the labeled amount of cannabinoids, terpenoids, Total THC, and/or Total CBD are accurate and compliant with CCR section 15307.1
- For cannabis goods labeled after receiving the COA, the distributor must label the cannabis goods with the content for cannabinoids, terpenoids, Total THC, and/or Total CBD according to CCR section 15303.
More information: CCR section 15307
After passing regulatory compliance testing
The distributor may transport the cannabis goods to one or more retailers, distributors, or microbusinesses authorized to conduct distribution or retail activities after it has passed regulatory compliance testing.
The distributor must provide a copy of the COA for regulatory compliance testing to:
- All licensed distributors and retailers receiving the cannabis goods and
- The licensee who produced the cannabis goods
The distributor may provide the COAs electronically.
Once a batch has passed regulatory compliance testing, the batch cannot:
- be repackaged into a new production batch in the track and trace system nor
- be assigned a new batch number
More information: CCR section 15306
After failing regulatory compliance testing
A batch fails regulatory compliance testing when the sample does not meet regulatory specifications. Batches that fail regulatory compliance testing must be destroyed within 60 days of failure unless the batch can be remediated to meet regulatory specifications.
To remediate a failed batch, the distributor must:
- Prepare a corrective action plan for remediation and gather supporting documentation such as, packaging and labeling photos of each batch, material safety data sheets, any studies referenced in the plan, documentation that any solvent or materials to be used are food grade, certification for the closed loop extraction, if one will be used, and any additional supporting documents you would like DCC to consider.
- Submit the corrective action plan and supporting documents to remediation@cannabis.ca.gov.
- Upon receiving DCC approval for the corrective action plan the distributor may transport or arrange for the transportation of the failed batch to the approved manufacturer or microbusiness for remediation.
- The failed batch must be transported to the approved manufacturer or microbusiness that will conduct the remediation within 30 calendar days of DCC’s approval.
- If DCC determines the failed batch cannot be remediated, the distributor must destroy the failed batch within 30 days of receiving the notification.
To destroy a failed batch, the distributor must:
- Notify the licensed manufacturer or cultivator who produced the failed batch and the reasons for destruction.
- Compile evidence of destruction, such as video or photos, to provide to DCC upon request.
More information: CCR section 15305.1, CCR section 15306, CCR section 15307, CCR section 17305
