Protecting the Public Health and Safety of Cannabis Consumers in New York State through Laboratory Testing Oversight
Since legalizing medical cannabis in 2014 and adult-use cannabis in 2021, New York State prioritized public health and safety through a strong laboratory testing oversight program. As regulators of an oversight program, the Office of Cannabis Managemen...
We will break down the comprehensive testing standards and regulations (9 NYCRR §130) and laboratory oversight program administered by the New York State Office of Cannabis Management (OCM). We will provide background on how NYS shifted from a state regulating medical cannabis in 2014 (Compassionate Care Act) to legalizing adult use cannabis in 2021 (Marijuana Regulation and Taxation Act) and why the contaminants of concern in products changed with the legalization of adult use cannabis.
One component of a strong laboratory oversight program is the permitting process. Labs are renewed on an annual basis and must show that they have the skills, resources and expertise needed to accurately and consistently perform their required functions to protect public health and safety. Nine labs were renewed in March 2026 for the April 1, 2026 – March 31, 2027, permit year. Two additional labs were renewed in May 2026.
Another component of a strong laboratory oversight program is inspection of labs. We ensure that the labs are reporting accurate and reliable results for each lot of cannabis product. OCM continues to mandate “good practices” – good agricultural practices, good manufacturing practices, and good laboratory practices – to ensure cultivation (9 NYCRR §113), manufacturing (9 NYCRR §113 and §123) and testing processes (9 NYCRR §130) are compliant. More importantly, good documentation practices must be in place to guarantee the accuracy, completeness, and traceability of information at each stage of a vertically integrated cannabis supply chain and during third-party product testing prior to release of cannabis products to the market.
We will share how inspections are performed in NYS and the outcome of those inspections as described in the abstract. The inspections range from record audits to detailed, multi-day, on-site lab inspections. Through our inspection of labs, we confirm the historical reconstruction of a test result, which is better known as “cradle-to-grave.” We also ensure raw data includes these attributes: Attributable – Legible – Contemporaneous – Original – Accurate, which is better known as “ALCOA.” We verify certificates of analyses (test reports) issued by permitted labs are compliant and the products potency is accurately labeled (9 NYCRR §128 and §130).
We also maintain open communication with the permitted labs to build trust. To build transparency, we have multiple resources related to quality assurance and quality control to support labs that are available publicly on the OCM website. These efforts include Laboratory Quality System Standard, guidance documents, and overview of the inspection process, including checklists used by inspectors. As an agency, we are still working towards providing open-source data.