Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA and any applicable local ordinances to engage in commercial adult-use cannabis activity pursuant to that license, if conducted as prescribed. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions.

Existing law prohibits cannabis or cannabis products from being sold by a licensee unless specified quality assurance standards and testing standards are met. Existing law requires representative samples of the cannabis or cannabis products in their final form to be tested by a licensed testing laboratory, and requires the department to develop criteria to determine which batches are tested. Existing law authorizes the testing laboratory to retest a sample if the testing laboratory notifies the department, in writing, that the test was compromised due to equipment malfunction, staff error, or another circumstance authorized by the department, and the department authorizes the retest of that sample. Existing law requires the testing laboratory to issue a certificate of analysis that the cannabis batch has passed the testing requirements, and authorizes the testing laboratory to amend the certificate of analysis to correct minor errors, as specified.

This bill would specify that all cannabis or cannabis products are subject to test or retest, and would revise the retest requirements to instead authorize a testing laboratory to retest a sample of cannabis or cannabis products if either the testing laboratory notifies the department, in writing, that the test was compromised due to equipment malfunction or staff error, if the department requires the retest, or if the department authorizes the request.

This bill would require the licensee to allow the department to obtain or access any cannabis or cannabis products held or offered for retail sale for the purposes of conducting off-the-shelf laboratory testing. The bill would also require a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to provide the certificate of analysis associated with any cannabis or cannabis product held or offered for retail sale to a customer upon request.

This bill would also require a testing laboratory to be subject to performance testing to ensure consistency of results across laboratories.

Existing law authorizes a testing laboratory to receive and test samples of cannabis or cannabis products from state or local law enforcement, or a prosecuting or regulatory agency, as specified, and provides that the testing of that cannabis is not commercial cannabis activity for purposes of MAUCRSA and is not arranged or overseen by the department.

This bill would require a licensed testing laboratory to comply with the departments request to evaluate the laboratorys testing practice.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA and any applicable local ordinances to engage in commercial adult-use cannabis activity pursuant to that license, if conducted as prescribed. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions.

Existing law prohibits cannabis or cannabis products from being sold by a licensee unless specified quality assurance standards and testing standards are met. Existing law requires representative samples of the cannabis or cannabis products in their final form to be tested by a licensed testing laboratory, and requires the department to develop criteria to determine which batches are tested. Existing law authorizes the testing laboratory to retest a sample if the testing laboratory notifies the department, in writing, that the test was compromised due to equipment malfunction, staff error, or another circumstance authorized by the department, and the department authorizes the retest of that sample. Existing law requires the testing laboratory to issue a certificate of analysis that the cannabis batch has passed the testing requirements, and authorizes the testing laboratory to amend the certificate of analysis to correct minor errors, as specified.

This bill would specify that all cannabis or cannabis products are subject to test or retest, and would revise the retest requirements to instead authorize a testing laboratory to retest a sample of cannabis or cannabis products if either the testing laboratory notifies the department, in writing, that the test was compromised due to equipment malfunction or staff error, if the department requires the retest, or if the department authorizes the request.

This bill would require the licensee to allow the department to obtain or access any cannabis or cannabis products held or offered for retail sale for the purposes of conducting off-the-shelf laboratory testing. The bill would also require a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to provide the certificate of analysis associated with any cannabis or cannabis product held or offered for retail sale to a customer upon request.

This bill would also require a testing laboratory to be subject to performance testing to ensure consistency of results across laboratories.

Existing law authorizes a testing laboratory to receive and test samples of cannabis or cannabis products from state or local law enforcement, or a prosecuting or regulatory agency, as specified, and provides that the testing of that cannabis is not commercial cannabis activity for purposes of MAUCRSA and is not arranged or overseen by the department.

This bill would require a licensed testing laboratory to comply with the departments request to evaluate the laboratorys testing practice.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA and any applicable local ordinances to engage in commercial adult-use cannabis activity pursuant to that license, if conducted as prescribed. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions.

Existing law prohibits cannabis or cannabis products from being sold by a licensee unless specified quality assurance standards and testing standards are met. Existing law requires representative samples of the cannabis or cannabis products in their final form to be tested by a licensed testing laboratory, and requires the department to develop criteria to determine which batches are tested. Existing law authorizes the testing laboratory to retest a sample if the testing laboratory notifies the department, in writing, that the test was compromised due to equipment malfunction, staff error, or another circumstance authorized by the department, and the department authorizes the retest of that sample. Existing law requires the testing laboratory to issue a certificate of analysis that the cannabis batch has passed the testing requirements, and authorizes the testing laboratory to amend the certificate of analysis to correct minor errors, as specified.

This bill would specify that all cannabis or cannabis products are subject to test or retest, and would revise the retest requirements to instead authorize a testing laboratory to retest a sample of cannabis or cannabis products if either the testing laboratory notifies the department, in writing, that the test was compromised due to equipment malfunction or staff error, if the department requires the retest, or if the department authorizes the request.

This bill would require the licensee to allow the department to obtain or access any cannabis or cannabis products held or offered for retail sale for the purposes of conducting off-the-shelf laboratory testing. The bill would also require a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to provide the certificate of analysis associated with any cannabis or cannabis product held or offered for retail sale to a customer upon request.

This bill would also require a testing laboratory to be subject to performance testing to ensure consistency of results across laboratories.

Existing law authorizes a testing laboratory to receive and test samples of cannabis or cannabis products from state or local law enforcement, or a prosecuting or regulatory agency, as specified, and provides that the testing of that cannabis is not commercial cannabis activity for purposes of MAUCRSA and is not arranged or overseen by the department.

This bill would require a licensed testing laboratory to comply with the departments request to evaluate the laboratorys testing practice.

 THIRD READING  

Bill No: AB 1965

Author: Sharp-Collins (D)

Introduced: 2/13/26

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 11-0, 6/29/26

AYES: Wahab, Choi, Archuleta, Arreguín, Caballero, Grayson, Menjivar, Niello, Smallwood-Cuevas, Strickland, Umberg

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26

AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 73-0, 5/21/26 - See last page for vote

SUBJECT: Cannabis: testing: quality assurance

SOURCE: California Cannabis Operators Association

DIGEST:

This bill authorizes the Department of Cannabis Control (DCC) to conduct performance testing of licensed cannabis testing laboratories; requires cannabis retail licensees to provide the Certificate of Analysis (COA) upon request by a customer or the DCC; permits and the DCC to conduct off-the-shelf laboratory testing of any cannabis product and makes other updates to oversight of cannabis testing laboratories, as specified.

ANALYSIS:

Existing law:

1. Establishes the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both medicinal cannabis and adult-use cannabis. (Business and Professions Code (BPC) § 26000)
   
2. Requires the DCC to make and prescribe reasonable rules and regulations as necessary to implement, administer, and enforce its duties, as specified. (BPC § 26013)
   
3. Requires, upon entry into the licensed market, industrial hemp be held in quarantine by the distributor and tested by a licensed testing laboratory to confirm it meets the definition of industrial hemp, before transfer to another licensee or incorporation into a cannabis product. (BPC § 26100(b))
   
4. Provides that the DCC is responsible for developing testing criteria to determine which batches must be tested, and all testing of the samples is to be in the final form in which the cannabis or cannabis product will be consumed. (BPC § 26100(c))
   
5. Requires testing of all batches to only be conducted by a licensed testing laboratory. (BPC § 26100(d))
   

This bill:

1. Requires a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to provide the COA associated with any cannabis or product held or offered for retail sale to the customer upon request of the customer or the DCC.
   
2. Subjects a testing laboratory to performance testing by the DCC to ensure consistency of results across laboratories.
   
3. Specifies that “performance testing” for purposes of this bill may include blind proficiency testing, round robin testing, and any other type of programs that may be used to demonstrate competent performance of a testing laboratory.
   
4. Requires a testing laboratory to additionally report to the DCC if a retest is required if the testing was compromised, as specified.
   
5. Requires a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to allow the DCC to obtain or access any cannabis or cannabis products held or offered for retail sale to conduct off-the-shelf laboratory testing, as specified.
   
6. Deletes the prohibition on DCC arranging a testing laboratory for testing samples related to law enforcement requests and requires a testing laboratory to comply with the DCC’s request to evaluate the laboratory’s testing practices.

Background

Cannabis Regulation and the DCC. The DCC has both licensing and enforcement authority related to all commercial cannabis in California, including authority to act against unlicensed cannabis activities and take enforcement actions against licensees who violate the provisions of MAUCRSA. Prop 64 included very specific requirements for the regulatory program for cannabis and cannabis products, including that cannabis products be tested to ensure product safety.

Licensed Testing Laboratories. Current law requires cannabis in its final form to be laboratory tested prior to sale. Pursuant to BPC § 26100, no cannabis, cannabis products, or industrial hemp can be sold by a licensee, unless a representative sample of the products has been tested by a licensed testing laboratory. Testing laboratories must obtain and maintain accreditation from ISO/ISE 17025 accreditation.

Licensed testing laboratories report test results on a COA, which states whether the batch passes or fails testing for each substance. Licensed labs can only issue COAs and results after they finish all tests. Labs cannot change them after they are issued without permission from DCC. A COA may be amended to correct minor errors. Pursuant to DCC regulations, a cannabis or cannabis product batch may only be remediated twice. If the batch fails after the second remediation attempt and the second retesting, the entire batch shall be destroyed.

A licensed testing laboratory may test items not regulated under MAUCRSA if they comply with the laws governing the testing of such items. A licensed testing laboratory must maintain separate and distinct records of their activities regulated by MAUCRSA and activities that are subject to other laws.

As provided in current regulations, (4, California Code of Regulations (CCR) § 15735), licensed laboratories are required to conduct an internal audit at least once per year or in accordance with the ISO/IEC 17025 accrediting body’s requirement, whichever is more frequent. However, these are internal audits, not by the DCC. Current law provides the DCC with the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity. Further, the DCC may undertake and investigate, as it deems necessary to carry out its functions. However, there is nothing specified in statute that requires the DCC to conduct audits or inspections of licensed testing laboratories, although the DCC is not prevented from undertaking such evaluations.

To strengthen the DCC’s oversight of licensed testing laboratories and ensure greater transparency of testing outcomes this bill proposes to make 5 specific statutory updates to cannabis testing requirements. 1) This bill will require cannabis licensees who are authorized to conduct retail cannabis sales to provide the COA for a specific cannabis or cannabis product to a customer or the DCC upon a request from either a customer or the DCC. As requirement under MAUCRSA, the licensee would be subject to enforcement by the DCC. 2) Although the testing laboratories are licensed by the DCC and subject to the DCC’s oversight, this bill will require licensed laboratories to undergo “performance testing” which may include blind proficiency testing or any other programs determined to ensure competency of the licensed laboratories. The DCC will be responsible for determining the performance test schedule and what tests will be conducted. 3) This bill will authorize the DCC to conduct off-the-shelf laboratory testing for any cannabis goods offered for sale and require the DCC to develop criteria to determine which batches of cannabis goods must be retested. 4) This bill permits a testing laboratory to retest a sample without the DCC’s authorization when a test result falls outside the specifications authorized by law or regulation, if either, (not both) the testing laboratory notifies the DCC in writing that the test was compromised due to equipment malfunction, staff error, or other circumstances allowed by regulation, or if retesting is required by the DCC; or the DCC authorizes the testing laboratory to retest the sample. 5) This bill proposes to eliminate the current prohibition against the DCC arranging or overseeing testing conducted for state or local law enforcement, a prosecuting agency, or a regulatory agency that is not considered commercial cannabis activity is restricted and instead requires a testing laboratory to comply with the DCC’s request to evaluate their testing practices, as determined in DCC regulations.

Comments

Social Equity LA writes that it supports this bill is amended to specify that the certificate of analysis requirement can be satisfied through a quick response code generated by the Department’s track and trace system, with the purpose of providing additional product information to the consumer.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Committee on Appropriations, this bill will result in unknown ongoing cost pressures, ranging in the low hundreds of thousands of dollars to support new testing laboratory oversight responsibilities. DCC notes that this additional compliance workload is anticipated to be absorbable through the redirection of staff resources from the provisional licensing program, which concluded in December 2025.

SUPPORT: (Verified 8/13/26)

California Cannabis Operators Association (Source)
California NORML

OPPOSITION: (Verified 8/13/26)

None received

ARGUMENTS IN SUPPORT: Supporters note generally that this bill improves the oversight and integrity of cannabis testing.

ASSEMBLY FLOOR: 73-0, 5/21/26

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Irwin, Jackson, Johnson, Kalra, Krell, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Arambula, Chen, Garcia, Hoover, Lackey, Ramos, Celeste Rodriguez

Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104

8/15/26 16:15:37

**** END ****

SENATE COMMITTEE ON

Senator Sabrina Cervantes, Chair

2025 - 2026 Regular Session

AB 1965 (Sharp-Collins) - Cannabis: testing: quality assurance

Bill Summary:

AB 1965 authorizes the Department of Cannabis Control (DCC) to conduct performance testing of licensed cannabis testing laboratories; requires cannabis retail licensees to provide the Certificate of Analysis (COA) upon request by a customer or the DCC; permits and the DCC to conduct off-the-shelf laboratory testing of any cannabis product and makes other updates to oversight of cannabis testing laboratories, as specified.

Fiscal Impact:

Unknown ongoing cost pressures, ranging in the low hundreds of thousands of dollars (Cannabis Control Fund), to support new testing laboratory oversight responsibilities. DCC notes that this additional compliance workload is anticipated to be absorbable through the redirection of staff resources from the provisional licensing program, which concluded in December 2025.

Background:

Current law requires cannabis in its final form to be laboratory tested prior to sale. Pursuant to Business and Professions Code (BPC) § 26100, no cannabis, cannabis products, or industrial hemp can be sold by a licensee, unless a representative sample of the products has been tested by a licensed testing laboratory. Testing laboratories must obtain and maintain accreditation from ISO/ISE 17025 accreditation. There are currently 19 licensed testing laboratories in California.

Cannabis testing laboratories are required to evaluate the levels of contaminants of cannabis samples, including residual solvent, processing chemicals, moisture content and water activity, foreign material (such as hair and insects), and microbiological impurities. Testing also determines the concentration of active chemicals and ensures compliance with safety standards. In addition to demonstrating and meeting safety standards for cannabis and cannabis products, laboratory testing also ensures the allowable amount of THC is contained in each product and that the product does not contain more than what is legally allowed and does not contain less so that a consumer is paying for the appropriate product. Under current law, BPC § 26100, specifically for edible cannabis products, THC may not exceed 10 milligrams per serving. Current law does not specifically authorize DCC to test products off-the-shelf of a licensed retailer

Licensed testing laboratories report test results on a COA, which states whether the batch passes or fails testing for each substance. Licensed labs can only issue COAs and results after they finish all tests. Labs cannot change them after they are issued without permission from DCC. In addition to information pertaining to the product’s chemical profiles and contaminants, the COA documents administrative information about the laboratory, the distributor or microbusiness, dates and signatures, and other non-testing data, which can be subject to simple data entry mistakes. A COA may be amended to correct minor errors. Pursuant to DCC regulations, a cannabis or cannabis product batch may only be remediated twice. If the batch fails after the second remediation attempt and the second retesting, the entire batch shall be destroyed.

A licensed testing laboratory may test items not regulated under MAUCRSA if they comply with the laws governing the testing of such items. A licensed testing laboratory must maintain separate and distinct records of their activities regulated by MAUCRSA and activities that are subject to other laws. Current law permits licensed testing laboratories to receive and test samples from law enforcement or other prosecuting agencies for purposes of testing cannabis or cannabis products, however the DCC is prohibited from arranging or overseeing that testing activity. Current regulations require that testing laboratories maintain independence from other licensed cannabis activities and may not have a financial interest in, lease property to or from, or employ any person with a cannabis licensee. Current law requires the DCC to establish specific producers for testing of cannabis products to ensure proper compliance and adherence to the standards of MAUCRSA.

As provided in current regulations, (4, CCR § 15735), licensed laboratories are required to conduct an internal audit at least once per year or in accordance with the ISO/IEC 17025 accrediting body’s requirement, whichever is more frequent. However, these are internal audits, not by the DCC. Current law provides the DCC with the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity. Further, the DCC may undertake and investigate, as it deems necessary to carry out its functions. However, there is nothing specified in statute that requires the DCC to conduct audits or inspections of licensed testing laboratories, although the DCC is not prevented from undertaking such evaluations.

Proposed Law:

• Requires a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to provide the COA associated with any cannabis or product held or offered for retail sale to the customer upon request of the customer or the DCC.
• Subjects a testing laboratory to performance testing by the DCC to ensure consistency of results across laboratories.
• Specifies that “performance testing” for purposes of this bill may include blind proficiency testing, round robin testing, and any other type of programs that may be used to demonstrate competent performance of a testing laboratory.
• Requires a testing laboratory to additionally report to the DCC if a retest is required if the testing was compromised, as specified.
• Requires a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to allow the DCC to obtain or access any cannabis or cannabis products held or offered for retail sale to conduct off-the-shelf laboratory testing, as specified.
• Deletes the prohibition on DCC arranging a testing laboratory for testing samples related to law enforcement requests and requires a testing laboratory to comply with the DCC’s request to evaluate the laboratory’s testing practices.

Related Legislation:

AB 1027 (Sharp-Collins, 2025) would have revised the requirements for the DCC to notify a licensee of an embargoed product and required retail cannabis licensees to provide a COA to any customer upon request. Additionally, the bill would have subjected testing laboratories to performance testing, eliminated the requirement for a DCC-employed quality assurance compliance monitor, and instead required the DCC to conduct random quality assurance reviews at retailer, microbusiness, and distributor licensees. AB 1027 was held on the Suspense File in this committee.

-- END --

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Dr. Aisha Wahab, Chair

2025 - 2026 Regular

Bill No: Hearing Date: June 29, 2026

Subject:

SUMMARY:

Authorizes the Department of Cannabis Control (DCC) to conduct performance testing of licensed cannabis testing laboratories; requires cannabis retail licensees to provide the Certificate of Analysis (COA) upon request by a customer or the DCC; permits and the DCC to conduct off-the-shelf laboratory testing of any cannabis product and makes other updates to oversight of cannabis testing laboratories, as specified.

Existing law:

1. Establishes the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both medicinal cannabis and adult-use cannabis. (Business and Professions Code (BPC) § 26000)
   
2. Establishes the DCC, under the jurisdiction, of the Business, Consumer Services, and Housing Agency, to administer and regulate provisions of MAUCRSA. (BPC § 26010)
   
3. Requires the DCC to make and prescribe reasonable rules and regulations as necessary to implement, administer, and enforce its duties, which must be consistent with the purpose and intent of the Control, Regulate and Tax Adult Use of Marijuana Act. (BPC § 26013)
   
4. Prohibits a person from engaging in commercial cannabis activity without a license and is subject to civil penalties up to three times the amount of the license fee for each violation, as specified. (BPC §§ 26037.5, 26038)
   
5. Prohibits cannabis, cannabis products, or industrial hemp from being sold, pursuant to a license, unless a representative sample of the cannabis or cannabis products has been tested by a licensed testing laboratory. (BPC § 26100(a))
   
6. Requires, upon entry into the licensed market, industrial hemp be held in quarantine by the distributor and tested by a licensed testing laboratory to confirm it meets the definition of industrial hemp, before transfer to another licensee or incorporation into a cannabis product. (BPC § 26100(b))
   
7. Provides that the DCC is responsible for developing testing criteria to determine which batches must be tested, and all testing of the samples is to be in the final form in which the cannabis or cannabis product will be consumed. (BPC § 26100(c))
   
8. Requires testing of all batches to only be conducted by a licensed testing laboratory. (BPC § 26100(d))
   
9. Requires for each batch tested, the testing laboratory issue a COA, as specified, to report both of the following:
   
10. Whether the chemical profile of the sample conforms to the labeled content of compounds; and,
    
11. That the presence of contaminants does not exceed the levels established by the DCC, as specified, and that for edible cannabis products, the milligrams per serving of THC does not exceed 10 milligrams per serving, and the milligrams must not deviate from 10 milligrams by more than 10 percent. (BPC § 26100(e)(1)(3))
    
12. Authorizes a testing laboratory to amend a COA to correct minor errors, as defined by the DCC. (BPC § 26100(f))
    
13. Prohibits a testing laboratory from acquiring or receiving cannabis or cannabis products, unless those products are from a licensee under the DCC, except that a licensed testing laboratory may receive test samples of cannabis or cannabis products from local law enforcement, a regulatory authority, or a prosecuting agency and specifies that the DCC may not arrange or oversee that testing. (BPC § 26104(c)(1)(2)
    
14. Prohibits a testing laboratory from being licensed by DCC unless the laboratory meets all the following:
15. Complies with any other requirements specified by the DCC.
16. Notifies the DCC within one business day after the receipt of notice of any kind that its accreditation has been denied, suspended, or revoked.
    
17. Established standard operating procedures that provide for adequate chain of custody controls for samples transferred to the testing laboratory for testing. (BPC § 26102)
    

This bill:

1. Requires a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to provide the COA associated with any cannabis or product held or offered for retail sale to the customer upon request of the customer or the DCC.
   
2. Subjects a testing laboratory to performance testing by the DCC to ensure consistency of results across laboratories.
   
3. Specifies that “performance testing” for purposes of this bill may include blind proficiency testing, round robin testing, and any other type of programs that may be used to demonstrate competent performance of a testing laboratory.
   
4. Requires a testing laboratory to additionally report to the DCC if a retest is required if the testing was compromised, as specified.
   
5. Requires a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to allow the DCC to obtain or access any cannabis or cannabis products held or offered for retail sale to conduct off-the-shelf laboratory testing, as specified.
   
6. Deletes the prohibition on DCC arranging a testing laboratory for testing samples related to law enforcement requests and requires a testing laboratory to comply with the DCC’s request to evaluate the laboratory’s testing practices.

FISCAL EFFECT:

According to the Assembly Committee on Appropriations, the bill will result in costs of an unknown amount to DCC but likely in the low to mid hundreds of thousands of dollars per year.

COMMENTS:

1. Purpose. The California Cannabis Operators Association is the sponsor of this bill. According to the Author, “Reports show that we are failing to deliver on the promise we made to provide safe and non-toxic cannabis. Instead, we are seeing documented pesticides and potency discrepancies, putting people’s health at risk. AB 1965 creates the necessary oversight so the Department of Cannabis Control can have adequate authority to regulate testing labs and ensure it is being assessed effectively. Changing the regulatory procedure of cannabis testing can allow the public to not put their health in danger and once again have trust in a safe legal cannabis market.”
2. Background.

Cannabis Regulation and the DCC. The DCC has both licensing and enforcement authority related to all commercial cannabis in California, including authority to act against unlicensed cannabis activities and take enforcement actions against licensees who violate the provisions of MAUCRSA. The DCC is required to convene an advisory committee with designated members of the cannabis industry including labor, health experts, local and state agencies, among others, to make recommendations to the DCC on the development of standards including best practices and guidelines that protect public health and safety, while ensuring a safe and regulated market that does not perpetuate the illicit market. This includes the licensing authority of the 20 different cannabis license types, including licensed testing laboratories. Prop 64 included very specific requirements for the regulatory program for cannabis and cannabis products, including that cannabis products be tested to ensure product safety.

Licensed Testing Laboratories. Current law requires cannabis in its final form to be laboratory tested prior to sale. Pursuant to BPC § 26100, no cannabis, cannabis products, or industrial hemp can be sold by a licensee, unless a representative sample of the products has been tested by a licensed testing laboratory. Testing laboratories must obtain and maintain accreditation from ISO/ISE 17025 accreditation. There are currently 19 licensed testing laboratories in California.

Cannabis testing laboratories are required to evaluate the levels of contaminants of cannabis samples, including residual solvent, processing chemicals, moisture content and water activity, foreign material (such as hair and insects), and microbiological impurities. Testing also determines the concentration of active chemicals and ensures compliance with safety standards. In addition to demonstrating and meeting safety standards for cannabis and cannabis products, laboratory testing also ensures the allowable amount of THC is contained in each product and that the product does not contain more than what is legally allowed and does not contain less so that a consumer is paying for the appropriate product. Under current law, BPC § 26100, specifically for edible cannabis products, THC may not exceed 10 milligrams per serving. Current law does not specifically authorize DCC to test products off-the-shelf of a licensed retailer

Licensed testing laboratories report test results on a COA, which states whether the batch passes or fails testing for each substance. Licensed labs can only issue COAs and results after they finish all tests. Labs cannot change them after they are issued without permission from DCC. In addition to information pertaining to the product’s chemical profiles and contaminants, the COA documents administrative information about the laboratory, the distributor or microbusiness, dates and signatures, and other non-testing data, which can be subject to simple data entry mistakes. A COA may be amended to correct minor errors. Pursuant to DCC regulations, a cannabis or cannabis product batch may only be remediated twice. If the batch fails after the second remediation attempt and the second retesting, the entire batch shall be destroyed.

A licensed testing laboratory may test items not regulated under MAUCRSA if they comply with the laws governing the testing of such items. A licensed testing laboratory must maintain separate and distinct records of their activities regulated by MAUCRSA and activities that are subject to other laws. Current law permits licensed testing laboratories to receive and test samples from law enforcement or other prosecuting agencies for purposes of testing cannabis or cannabis products, however the DCC is prohibited from arranging or overseeing that testing activity. Current regulations require that testing laboratories maintain independence from other licensed cannabis activities and may not have a financial interest in, lease property to or from, or employ any person with a cannabis licensee. Current law requires the DCC to establish specific producers for testing of cannabis products to ensure proper compliance and adherence to the standards of MAUCRSA.

As provided in current regulations, (4, CCR § 15735), licensed laboratories are required to conduct an internal audit at least once per year or in accordance with the ISO/IEC 17025 accrediting body’s requirement, whichever is more frequent. However, these are internal audits, not by the DCC. Current law provides the DCC with the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity. Further, the DCC may undertake and investigate, as it deems necessary to carry out its functions. However, there is nothing specified in statute that requires the DCC to conduct audits or inspections of licensed testing laboratories, although the DCC is not prevented from undertaking such evaluations.

To strengthen the DCC’s oversight of licensed testing laboratories and ensure greater transparency of testing outcomes this bill proposes to make 5 specific statutory updates to cannabis testing requirements. 1) This bill will require cannabis licensees who are authorized to conduct retail cannabis sales to provide the COA for a specific cannabis or cannabis product to a customer or the DCC upon a request from either a customer or the DCC. As requirement under MAUCRSA, the licensee would be subject to enforcement by the DCC. 2) Although the testing laboratories are licensed by the DCC and subject to the DCC’s oversight, this bill will require licensed laboratories to undergo “performance testing” which may include blind proficiency testing or any other programs determined to ensure competency of the licensed laboratories. The DCC will be responsible for determining the performance test schedule and what tests will be conducted. 3) This bill will authorize the DCC to conduct off-the-shelf laboratory testing for any cannabis goods offered for sale and require the DCC to develop criteria to determine which batches of cannabis goods must be retested. 4) This bill permits a testing laboratory to retest a sample without the DCC’s authorization when a test result falls outside the specifications authorized by law or regulation, if either, (not both) the testing laboratory notifies the DCC in writing that the test was compromised due to equipment malfunction, staff error, or other circumstances allowed by regulation, or if retesting is required by the DCC; or the DCC authorizes the testing laboratory to retest the sample. 5) This bill eliminates the current prohibition against the DCC arranging or overseeing testing conducted for state or local law enforcement, a prosecuting agency, or a regulatory agency that is not considered commercial cannabis activity is restricted and instead requires a testing laboratory to comply with the DCC’s request to evaluate their testing practices, as determined in DCC regulations.

1. Arguments in Support. California NORML writes in support and notes, “AB 1965 rightly requires cannabis retailers to provide a product’s certificate of analysis to any customer upon request. Consumers should always have the right to know what’s in a product.

“Unfortunately, there are concerns that bad actors in the testing industry have been breaking the rules by failing to report excessive levels of harmful pesticides and other contaminants, and by fraudulently inflating the THC content of tested samples. An LA Times investigation found a high incidence of illegal pesticides in state-licensed products (Sept 18, 2024). Other sources report that certain manufacturers have fraudulently inflated stated levels of THC by working with labs known to give artificially high results, as higher THC levels fetch higher prices.

“AB 1965 would tighten quality assurance oversight by empowering DCC to conduct off-the-shelf lab testing of cannabis products to ensure their compliance with state regulations, and to require retailers to provide a laboratory certificate of analysis for any product they offer for sale.”

1. Comments. Social Equity LA is support if amendments and notes, “We appreciate your leadership in authoring AB 1965 and your commitment to improving consumer confidence in California's regulated cannabis market. In particular, we strongly support the bill's requirement that retailers provide the Certificate of Analysis (COA) associated with a cannabis product upon request. This provision represents a significant step forward in ensuring consumers have access to critical information regarding product safety, potency, and compliance testing. To maximize the effectiveness of this requirement, we respectfully propose the following amendment:

"… (l) A retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products shall provide the certificate of analysis associated with any cannabis or cannabis product held or offered for retail sale to a customer upon request of the customer or the department. The certificate of analysis requirement shall be satisfied through a quick response code generated by the Department's track and trace system, with the purpose of providing additional product information to the consumer."

SUPPORT AND OPPOSITION:

Support:

Cal NORML

Opposition:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1965

Author:(Sharp-Collins)

As Introduced Ver:February 13, 2026

Majority vote

SUMMARY

Requires cannabis licensees to provide the Certificate of Analysis (COA) associated with cannabis or cannabis products, upon request; authorizes the Department of Cannabis Control (DCC) to conduct off-the-shelf laboratory testing of any cannabis or cannabis products offered for retail sale; authorizes the DCC to subject testing laboratories to performance testing; and makes other changes related to laboratory testing of cannabis and cannabis products.

Major Provisions

1. Requires a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to allow the DCC to obtain or access any cannabis or cannabis products held or offered for retail sale for the purposes of conducting off-the-shelf laboratory testing in compliance with MAUCRSA or the DCC's regulations.
2. Requires the DCC to develop criteria to determine which batches must be retested.
3. Specifies that a testing laboratory may be subject to performance testing by the DCC to ensure consistency of results across laboratories.
4. States that "performance testing" may include, but is not limited to, blind proficiency testing, round robin testing, and any other type of programs that may be used to demonstrate competent performance of a testing laboratory.
5. Authorizes a testing laboratory to retest a sample when a test result falls outside the specifications authorized by law or regulation if either 1) the testing laboratory notifies the DCC, in writing, that the test was compromised due to equipment malfunction or staff error, or other circumstances allowed by regulation, or if retesting is required by the DCC, or 2) the DCC authorizes the testing laboratory to retest the sample (emphasis added to distinguish from current law).
6. Repeals a requirement that testing conducted by testing laboratory for state or local law enforcement, a prosecuting agency, or a regulatory agency not be arranged or overseen by the DCC and instead requires a licensed testing laboratory to comply with the DCC's request to evaluate the laboratory's testing practices, as determined in DCC regulations.

COMMENTS

Department of Cannabis Control. Since July 1, 2021, the DCC has been the single entity responsible for administering and enforcing the majority of California's cannabis laws, collectively known as MAUCRSA. The DCC is additionally responsible for licensing and regulating cannabis businesses, including the cultivation, manufacture, testing, transportation, labeling, and sale of cannabis and cannabis products in this state.

Cannabis testing. Cannabis products must be tested before sale to ensure they are free of contaminants (e.g., pesticides) and labeled with accurate amounts of cannabinoids and terpenes. More specifically, laboratories test cannabis goods for residual solvents and processing chemicals, residual pesticides, heavy metals, microbial impurities, mycotoxins, moisture content and water activity, and foreign material. DCC regulations require laboratories to test for 66 pesticides and further stipulate that laboratories analyze a minimum of 0.5 grams of the representative sample to determine whether residual pesticides are present. A sample is deemed to have passed the residual pesticides testing if Category I pesticides are not detected, and the presence of Category II pesticides does not exceed specified levels. Results are reported on a COA, which says whether the batch of cannabis goods passes or fails for each substance. The laboratories may issue COAs only after completing all tests and cannot alter them once issued. Changes require DCC approval. Laboratories must upload COAs to DCC’s CCTT system and email a copy directly to DCC within one business day of finishing testing. Cannabis goods that fail testing must be destroyed by the distributor or remediated by a manufacturer. Remediation is the process of removing contaminants from a product and must be approved by DCC in advance. After remediation, the cannabis goods must be re-tested and if they pass, may be sold. Cannabis testing laboratories must be licensed by the DCC, maintain ISO accreditation, use standardized operating procedures, develop a laboratory quality assurance program, and participate in a proficiency testing program.

Need for this bill. In June 2024, Anresco Laboratories and Infinite Chemical Analysis Labs filed a lawsuit against 13 testing labs, alleging that they inflated cannabis products' THC potency or disregarded the presence of contaminants in their cannabis goods. They later sought dismissal of the case without prejudice. According to an article published by MJ Biz Daily, the two companies were among the labs that publicized findings of illegal pesticides in numerous cannabis products, and whose complaints to the DCC led to an investigation by The Los Angeles Times and Weedweek. The investigation revealed that legal cannabis products contained alarming levels of pesticides. More than half of the 42 products they tested had pesticide concentrations exceeding legal limits or current federal standards for tobacco. Moreover, vapes from five popular brands were found to have pesticide levels so high that a single exposure could be harmful. The investigation resulted in numerous product recalls and increased scrutiny over the DCC’s oversight of licensed cannabis testing laboratories.

According to reporting by The Los Angeles Times, the Santa Cruz County Board of Supervisors passed a resolution in 2025 calling on the governor and the Legislature to transfer responsibility for pesticides in cannabis products from the DCC to the Department of Pesticide Regulation, and that accreditation of cannabis testing laboratories be placed under the purview of the State Water Resources Control Board. Additionally, the resolution asked that the state require cannabis goods to be screened for an additional 24 pesticides.

This bill would require licensees to provide COAs to customers and the DCC upon request, authorize the DCC to conduct off-the-shelf laboratory testing for any cannabis goods offered for sale, and require the DCC to develop criteria to determine which batches of cannabis goods must be retested. Additionally, this bill would authorize the DCC to subject testing laboratories to performance testing, including, but not limited to, blind proficiency testing, round-robin testing, and any other program used to demonstrate competent performance. This bill would also authorize a testing laboratory to retest a sample without the DCC's authorization when a test result falls outside the specifications authorized by law or regulation, if either of the following occur: 1) the testing laboratory notifies the DCC in writing that the test was compromised due to equipment malfunction, staff error, or other circumstances allowed by regulation, or if retesting is required by the DCC; or 2) the DCC authorizes the testing laboratory to retest the sample. Lastly, this bill repeals the requirement that testing conducted for state or local law enforcement, a prosecuting agency, or a regulatory agency is not commercial cannabis activity subject to the DCC’s arrangement or oversight and instead requires a testing laboratory to comply with the DCC’s request to evaluate their testing practices, as determined in DCC regulations.

According to the Author

"Reports show that we are failing to deliver on the promise we made to provide safe and non-toxic cannabis. Instead, we are seeing documented pesticides and potency discrepancies, putting Californians' health at risk. [This bill] creates the necessary protections and gives authority to the [DCC] to regulate testing labs and perform oversight. Changing the current procedure of cannabis testing increases public health and restores public trust in a safe legal cannabis market."

Arguments in Support

As the sponsor of this bill, the California Cannabis Operators Association writes:

Under existing law, all cannabis products must be tested by state-licensed laboratories to ensure compliance with standards for pesticides, heavy metals, microbiological contaminants, and cannabinoid potency. However, recent reporting and independent analyses have raised concerns about inconsistencies in testing outcomes and the potential for manipulation within segments of the market. These issues risk undermining consumer confidence and disadvantage operators who are committed to compliance. [This bill] strengthens the integrity of the state's testing framework.

Arguments in Opposition

There is no opposition on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee: Costs of an unknown amount to DCC; however, based on an analysis of AB 1027 (Sharp-Collins), of the current legislative session, costs would likely be in the low to mid hundreds of thousands of dollars per year (Cannabis Control Fund).

VOTES

ASM BUSINESS AND PROFESSIONS: 19-0-0

YES: Berman, Johnson, Addis, Ahrens, Alanis, Bains, Aguiar-Curry, Caloza, Chen, Elhawary, Hadwick, Haney, Hart, Irwin, Jackson, Lowenthal, Macedo, Nguyen, Pellerin

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa

UPDATED

VERSION: February 13, 2026

CONSULTANT: Kaitlin Curry / B. & P. / (916) 319-3301 FN: 0003040

Date of Hearing: April 22, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1965

Author:(Sharp-Collins) – As Introduced Ver:February 13, 2026

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires a cannabis licensee to provide the certificate of analysis (COA) associated with cannabis or a cannabis product (collectively, cannabis product) held or offered for retail sale, upon request of the customer or the Department of Cannabis Control (DCC). The bill authorizes DCC to conduct off-the-shelf laboratory testing of any cannabis products offered for retail sale and requires DCC to develop criteria for re-testing batches of cannabis products. The bill also authorizes DCC to subject testing laboratories to performance testing and makes other changes related to laboratory testing of cannabis products.

Specifically, this bill:

1. Requires a cannabis licensee authorized to engage in retail sales of cannabis products to provide, upon request of the customer or DCC, the COA associated with a cannabis product.
   
2. Requires a cannabis licensee authorized to engage in retail sales of cannabis products to allow DCC to access any cannabis products held or offered for retail sale for off-the-shelf laboratory testing, as specified.
   
3. Requires DCC to develop criteria to determine which batches must be retested.
   
4. Specifies that a testing laboratory may be subject to performance testing by DCC to ensure consistency of results across laboratories.
   
5. States that “performance testing” may include, but is not limited to, blind proficiency testing, round robin testing, and any other type of programs that may be used to demonstrate competent performance of a testing laboratory.
   
6. Authorizes a testing laboratory to retest a sample when a test result falls outside the allowed specifications if either: (a) the testing laboratory notifies DCC that the test was compromised due to equipment malfunction or staff error, or other allowed circumstances, or DCC requires the retesting, or (b) DCC authorizes the testing laboratory to retest the sample.
   
7. Repeals a requirement that testing conducted by a testing laboratory for state or local law enforcement, a prosecuting agency, or a regulatory agency not be arranged or overseen by DCC and instead requires a licensed testing laboratory to comply with DCC’s request to evaluate the laboratory’s testing practices, as determined in DCC regulations.
   

FISCAL EFFECT:

Costs of an unknown amount to DCC; however, based on an analysis of AB 1027 (Sharp-Collins), of the current legislative session, costs would likely be in the low to mid hundreds of thousands of dollars per year (Cannabis Control Fund).

COMMENTS:

1. Purpose. This bill is sponsored by California Cannabis Operators Association (CaCOA). According to the author:

Reports show that we are failing to deliver on the promise we made to provide safe and non-toxic cannabis. Instead, we are seeing documented pesticides and potency discrepancies, putting Californians’ health at risk. [This bill] creates the necessary protections and gives authority to [DCC] to regulate testing labs and perform oversight. Changing the current procedure of cannabis testing increases public health and restores public trust in a safe legal cannabis market.

1. Background. Cannabis products must be tested before sale to ensure they are free of contaminants such as pesticides and accurately labeled with amounts of cannabinoids and residual solvents and processing chemicals, pesticides, heavy metals, microbial impurities, mycotoxins, moisture content and water activity, and foreign material. DCC regulations require laboratories to test for 66 pesticides and further stipulate that laboratories analyze a minimum of 0.5 grams of the representative sample to determine the presence of residual pesticides. Testing results are reported on a COA, which states whether the batch of cannabis product passes or fails for each substance. A laboratory may issue a COA only after completing all tests and is prohibited from altering the COA once issued. Changes require DCC approval. The laboratory must upload the COA to DCC’s California Cannabis Track and Trace system and email a copy directly to DCC within one business day of finishing testing. Cannabis goods that fail testing must be destroyed by the distributor or remediated by a manufacturer.

The Los Angeles Times recently reported an investigation showing that more than half of 42 legal cannabis products tested had pesticide concentrations exceeding legal limits or federal standards for tobacco. Vapes from five popular brands were reported to have pesticide levels so high that a single exposure could be harmful. The investigation resulted in numerous product recalls and increased scrutiny over DCC’s oversight of cannabis testing laboratories.

The Santa Cruz County Board of Supervisors passed a resolution in 2025 calling on the governor and the Legislature to transfer responsibility for pesticides in cannabis products from DCC to the Department of Pesticide Regulation, and that accreditation of cannabis testing laboratories be placed under the purview of the State Water Resources Control Board. Additionally, the resolution asked that the state require cannabis goods to be screened for 24 additional pesticides.

1. Related and Prior Legislation.
   
   AB 1027 is substantially similar to this bill. AB 1027 was held on suspense in the Senate Appropriations Committee.

AB 1610 (Jones-Sawyer), of the 2023-24 Legislative Session, would have required DCC to maintain a record of recall orders on its website; required testing for cannabigerolic acid and heavy metals; authorized a testing laboratory to deviate from the standard test method under specified conditions; subjected testing laboratories to in-person audits by DCC every two years; and authorized random quality assurance reviews for labeling and packaging; among other changes. AB 1610 was held on suspense in the Senate Appropriations Committee.

SB 544 (Laird), Chapter 547, Statutes of 2021, required DCC to establish standardized cannabinoid test methods for all testing laboratories by January 1, 2023.

Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081

Date of Hearing: April 7, 2026

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

ABPCA Bill Id:AB 1965

Author:(Sharp-Collins) – As Introduced Ver:February 13, 2026

SUBJECT: Cannabis: testing: quality assurance.

SUMMARY: Requires cannabis licensees to provide the Certificate of Analysis (COA) associated with cannabis or cannabis products, upon request; authorizes the Department of Cannabis Control (DCC) to conduct off-the-shelf laboratory testing of any cannabis or cannabis products offered for retail sale; authorizes the DCC to subject testing laboratories to performance testing; and makes other changes related to laboratory testing of cannabis and cannabis products.

EXISTING LAW:

1. Enacts the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to provide a comprehensive regulatory framework for the cultivation, distribution, transport, storage, manufacturing, processing, and sale of medicinal and adult-use cannabis. (Business and Professions Code (BPC) §§ 26000-26325)
2. Establishes the DCC within the Business, Consumer Services, and Housing Agency for purposes of administering and enforcing MAUCRSA. (BPC § 26010)
3. Provides the DCC with authority for issuing various types of commercial cannabis licenses, including subtypes for cultivation, manufacturing, testing, retail, distribution, and microbusiness; requires each licensee, except for testing laboratories, to clearly designate whether their license is for adult-use or medicinal cannabis. (BPC § 26050)
4. Requires the DCC to establish a track and trace program for reporting the movement of cannabis and cannabis products throughout the distribution chain that utilizes a unique identifier and can provide information that captures, at a minimum, all of the following:
   1. The licensee from which the product originates and the licensee receiving the product.
   2. The transaction date.
   3. The unique identifier or identifiers for the cannabis or cannabis product.
   4. The date of retail sale to a customer and whether the sale is conducted on the retail premises or by delivery.
   5. Information relating to cannabis and cannabis products leaving the licensed premises in a delivery vehicle as determined by regulations adopted pursuant to subdivision (d) of Section 26068.

(BPC § 26067(a))

1. Requires the DCC, in consultation with the California Department of Tax and Fee Administration, to create an electronic database containing the electronic shipping manifests to facilitate the administration of the track and trace program, which must include, but not be limited to, the following information:
   1. The variety and quantity or weight of cannabis or cannabis products shipped.
   2. The estimated times of departure and arrival.
   3. The variety and quantity or weight of cannabis or cannabis products received.
   4. The actual time of departure and arrival.
   5. A categorization and the unique identifier of the cannabis or cannabis product.
   6. The license number issued by the department for all licensees involved in the shipping process, including, but not limited to, cultivators, manufacturers, distributors, and retailers.

(BPC § 26067(b)(1))

1. Requires the database to be designed to flag irregularities for the DCC to investigate. (BPC § 26067(b)(2))
2. Prohibits cannabis or cannabis products from being sold unless a representative sample of the cannabis or cannabis products has been tested by a licensed testing laboratory. (BPC § 26100(a))
3. Requires the DCC to develop criteria to determine which batches must be tested. Samples must be in the final form in which the cannabis or cannabis product will be consumed or used. (BPC § 26100(b))
4. Requires testing of batches to meet the requirements of MAUCRSA, to be conducted only by a licensed testing laboratory. (BPC § 26100(c))
5. Specifies that for each batch tested, the testing laboratory must issue a COA for selected lots at a frequency determined by the DCC with supporting data, to report whether the chemical profile of the sample conforms to the labeled content of compounds; that the presence of contaminants does not exceed the levels established by the DCC; and, for edible cannabis products, that the milligrams of Tetrahydrocannabinol (THC) per serving shall not deviate from 10 milligrams by more than 10 percent. (BPC § 26100(d))
6. Allows a testing laboratory to amend a COA to correct minor errors, as defined by the DCC. (BPC § 26100(e))
7. Requires the DCC to establish standards for residual levels of volatile organic compounds and a standard cannabinoids test method, including standardized operating procedures that must be used by all testing laboratories. (BPC § 26100(f))
8. Requires the testing laboratory to conduct all testing in a manner consistent with general requirements for the competence of testing and calibration activities, including sampling and using verified methods. (BPC § 26100(g))
9. Requires all testing laboratories performing tests to obtain and maintain ISO/IEC 17025 accreditation as required by the DCC in regulation. (BPC § 26100(h))
10. Specifies that if a test result falls outside the specifications authorized by law or regulation, the testing laboratory shall follow a standard operating procedure to confirm or refute the original result. (BPC § 26100(i)(1))
11. Authorizes a testing laboratory to retest the sample if both the testing laboratory notifies the DCC in writing that the test was compromised due to equipment malfunction, staff error, or other circumstances allowed by the DCC and the DCC authorizes the testing laboratory to retest the sample. (BPC § 26100(i)(2))
12. Requires a testing laboratory to destroy the remains of the sample of cannabis or cannabis product upon completion of the analysis, as determined by the DCC through regulations. (BPC § 26100(j))
13. Prohibits a testing laboratory from being licensed by the DCC unless the laboratory meets all of the following:
    1. Complies with any other requirements specified by the DCC.
    2. Notifies the DCC within one business day after the receipt of notice of any kind that its accreditation has been denied, suspended, or revoked.
    3. Has established standard operating procedures that provide for adequate chain of custody controls for samples transferred to the testing laboratory for testing.

(BPC § 26102)

1. Requires a licensed testing laboratory to, in performing activities concerning cannabis and cannabis products, comply with the requirements and restrictions set forth in applicable law and regulations. (BPC § 26104(a))
2. Requires the DCC to develop procedures to do all of the following:
   1. Ensure that testing of cannabis and cannabis products occurs prior to distribution to licensed retailers, microbusinesses, or nonprofits.
   2. Specify how often licensees must test cannabis and cannabis products, and that the cost of testing cannabis must be borne by the licensed cultivators and the cost of testing cannabis products must be borne by the licensed manufacturer, and that the costs of testing cannabis and cannabis products must be borne by a nonprofit licensed.
   3. Require destruction of harvested batches whose testing samples indicate noncompliance with health and safety standards required by the DCC, unless remedial measures can bring the cannabis or cannabis products into compliance with quality assurance standards as specified by law and implemented by the DCC.
   4. Ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing and that the testing laboratory employee transports the sample to the testing laboratory. The driver transporting the sample pursuant to this requirement must be directly employed by the testing laboratory.

(BPC § 26104(b))

1. Prohibits a testing laboratory from acquiring or receiving cannabis or cannabis products except from a licensee, and from distributing, selling, or dispensing cannabis or cannabis products from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfers or transportation must be performed in accordance with a specified chain of custody protocol. (BPC § 26104(c)(1))
2. Authorizes a testing laboratory to receive and test samples of cannabis or cannabis products from a state or local law enforcement, or a prosecuting or regulatory agency to test the cannabis or cannabis products. Testing conducted by a testing laboratory for state or local law enforcement, a prosecuting agency, or a regulatory agency is not commercial cannabis activity and is not to be arranged or overseen by the DCC. (BPC § 26104(c)(2))

THIS BILL:

1. Requires a retailer and any other licensee authorized to engage in the retail sale of cannabis or cannabis products to allow the DCC to obtain or access any cannabis or cannabis products held or offered for retail sale for the purposes of conducting off-the-shelf laboratory testing in compliance with MAUCRSA or the DCC’s regulations.
2. Requires the DCC to develop criteria to determine which batches must be retested.
3. Specifies that a testing laboratory may be subject to performance testing by the DCC to ensure consistency of results across laboratories.
4. States that “performance testing” may include, but is not limited to, blind proficiency testing, round robin testing, and any other type of programs that may be used to demonstrate competent performance of a testing laboratory.
5. Authorizes a testing laboratory to retest a sample when a test result falls outside the specifications authorized by law or regulation if either 1) the testing laboratory notifies the DCC, in writing, that the test was compromised due to equipment malfunction or staff error, or other circumstances allowed by regulation, or if retesting is required by the DCC, or 2) the DCC authorizes the testing laboratory to retest the sample (emphasis added to distinguish from current law).
6. Repeals a requirement that testing conducted by testing laboratory for state or local law enforcement, a prosecuting agency, or a regulatory agency not be arranged or overseen by the DCC and instead requires a licensed testing laboratory to comply with the DCC’s request to evaluate the laboratory’s testing practices, as determined in DCC regulations.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by the California Cannabis Operators Association. According to the author:

Reports show that we are failing to deliver on the promise we made to provide safe and non-toxic cannabis. Instead, we are seeing documented pesticides and potency discrepancies, putting Californians’ health at risk. [This bill] creates the necessary protections and gives authority to the [DCC] to regulate testing labs and perform oversight. Changing the current procedure of cannabis testing increases public health and restores public trust in a safe legal cannabis market.

Background.

Department of Cannabis Control. Since July 1, 2021, the DCC has been the single entity responsible for administering and enforcing the majority of California’s cannabis laws, collectively known as MAUCRSA. The DCC is additionally responsible for licensing and regulating cannabis businesses, including the cultivation, manufacture, testing, transportation, labeling, and sale of cannabis and cannabis products in this state.^[1]

Cannabis testing. Cannabis products must be tested before sale to ensure they are free of contaminants (e.g., pesticides) and labeled with accurate amounts of cannabinoids and terpenes.^[2] More specifically, laboratories test cannabis goods for residual solvents and processing chemicals, residual pesticides, heavy metals, microbial impurities, mycotoxins, moisture content and water activity, and foreign material. DCC regulations require laboratories to test for 66 pesticides and further stipulate that laboratories analyze a minimum of 0.5 grams of the representative sample to determine whether residual pesticides are present.^[3] A sample is deemed to have passed the residual pesticides testing if Category I pesticides are not detected, and the presence of Category II pesticides does not exceed specified levels.

Results are reported on a COA, which says whether the batch of cannabis goods passes or fails for each substance. The laboratories may issue COAs only after completing all tests and cannot alter them once issued. Changes require DCC approval. Laboratories must upload COAs to DCC’s CCTT system and email a copy directly to DCC within one business day of finishing testing. Cannabis goods that fail testing must be destroyed by the distributor or remediated by a manufacturer. Remediation is the process of removing contaminants from a product and must be approved by DCC in advance. After remediation, the cannabis goods must be re-tested and if they pass, may be sold.

Cannabis testing laboratories must be licensed by the DCC, maintain ISO accreditation, use standardized operating procedures, develop a laboratory quality assurance program, and participate in a proficiency testing program.

Need for this bill. In June 2024, Anresco Laboratories and Infinite Chemical Analysis Labs filed a lawsuit against 13 testing labs, alleging that they inflated cannabis products’ THC potency or disregarded the presence of contaminants in their cannabis goods.^[4] They later sought dismissal of the case without prejudice. According to an article published by MJ Biz Daily, the two companies were among the labs that publicized findings of illegal pesticides in numerous cannabis products, and whose complaints to the DCC led to an investigation by The Los Angeles Times and Weedweek. The investigation revealed that legal cannabis products contained alarming levels of pesticides.^[5] More than half of the 42 products they tested had pesticide concentrations exceeding legal limits or current federal standards for tobacco. Moreover, vapes from five popular brands were found to have pesticide levels so high that a single exposure could be harmful. The investigation resulted in numerous product recalls and increased scrutiny over the DCC’s oversight of licensed cannabis testing laboratories.^[6]

According to reporting by The Los Angeles Times, the Santa Cruz County Board of Supervisors passed a resolution in 2025 calling on the governor and the Legislature to transfer responsibility for pesticides in cannabis products from the DCC to the Department of Pesticide Regulation, and that accreditation of cannabis testing laboratories be placed under the purview of the State Water Resources Control Board. Additionally, the resolution asked that the state require cannabis goods to be screened for an additional 24 pesticides.

This bill would require licensees to provide COAs to customers and the DCC upon request, authorize the DCC to conduct off-the-shelf laboratory testing for any cannabis goods offered for sale, and require the DCC to develop criteria to determine which batches of cannabis goods must be retested. Additionally, this bill would authorize the DCC to subject testing laboratories to performance testing, including, but not limited to, blind proficiency testing, round-robin testing, and any other program used to demonstrate competent performance. This bill would also authorize a testing laboratory to retest a sample without the DCC’s authorization when a test result falls outside the specifications authorized by law or regulation, if either of the following occur: 1) the testing laboratory notifies the DCC in writing that the test was compromised due to equipment malfunction, staff error, or other circumstances allowed by regulation, or if retesting is required by the DCC; or 2) the DCC authorizes the testing laboratory to retest the sample. Lastly, this bill repeals the requirement that testing conducted for state or local law enforcement, a prosecuting agency, or a regulatory agency is not commercial cannabis activity subject to the DCC’s arrangement or oversight and instead requires a testing laboratory to comply with the DCC’s request to evaluate their testing practices, as determined in DCC regulations.

Prior Related Legislation. AB 1027 (Sharp-Collins) of 2025 was substantially similar to this bill. AB 1027 was held on the Senate Appropriations Committee Suspense File.

AB 1610 (Jones-Sawyer) of 2023 would have required the DCC to maintain a record of recall orders on its website; required testing for cannabigerolic acid and heavy metals; authorized a testing laboratory to deviate from the standard test method if they can demonstrate outcomes consistent with established standards; subjected testing laboratories to in-person audits by the DCC every two years; and authorized the DCC’s quality assurance compliance monito to conduct random quality assurance reviews at a retailer’s or microbusiness’s licenses premises to ensure compliance with labeling and packaging requirements; among other changes. AB 1610 was held on the Senate Appropriations Committee Suspense File.

AB 623 (Chen), Chapter 267, Statutes of 2023, required the DCC to establish regulations to adjust testing variances for edible cannabis products that include less than five milligrams of THC in total.

SB 544 (Laird) Chapter 547, Statutes of 2021, required the DCC to establish standardized cannabinoid test methods to be used by all testing laboratories by January 1, 2023.

ARGUMENTS IN SUPPORT:

As the sponsor of this bill, the California Cannabis Operators Association writes:

Under existing law, all cannabis products must be tested by state-licensed laboratories to ensure compliance with standards for pesticides, heavy metals, microbiological contaminants, and cannabinoid potency. However, recent reporting and independent analyses have raised concerns about inconsistencies in testing outcomes and the potential for manipulation within segments of the market. These issues risk undermining consumer confidence and disadvantage operators who are committed to compliance.

[This bill] strengthens the integrity of the state’s testing framework by:

• Clarifying retesting authority, allowing licensed laboratories to retest samples when the original test is compromised, upon notification to or direction from the Department of Cannabis Control (DCC);
• Authorizing off-the-shelf testing, enabling the DCC to obtain cannabis products from retail settings for independent verification;
• Requiring retailers to provide Certificates of Analysis (COAs) to consumers upon request;
• Establishing performance testing requirements (e.g., proficiency testing) to promote consistency across laboratories; and
• Requiring laboratories to comply with DCC evaluations of testing practices.

POLICY ISSUE(S) FOR CONSIDERATION:

Threshold for retesting. Current law authorizes a testing laboratory to retest a cannabis sample when a test result falls outside set parameters if both of the following conditions are met: 1) the testing laboratory notifies the DCC, in writing, that the test was compromised due to equipment malfunction, staff error, or other circumstances allowed by the DCC, and 2) the DCC authorizes the testing laboratory to retest the sample. This bill would lower the threshold by allowing a testing laboratory to test a sample without the DCC’s authorization. Absent DCC approval, it is unclear what guardrails there are to ensure this leniency is not abused. The author may wish to reinstate the requirement for DCC approval, or at very least, define “equipment malfunction” and “staff error” to ensure these terms are not up to the interpretation of each testing laboratory.

IMPLEMENTATION ISSUES:

Certificate of Analysis. When a cannabis batch passes regulatory compliance testing, the cannabis goods may be transported to licensed retailers, licensed distributors, or licensed microbusinesses, and a copy of the COA must be provided to all licensed distributors receiving the batch and to the licensee who provided the batch.^[7] The COA may be provided electronically. This bill requires retailers to provide the COA for any cannabis good for sale to a customer upon the customer's request or the DCC's request. The author may wish to clarify that a COA may be provided electronically.

REGISTERED SUPPORT:

California Cannabis Operators Association (Sponsor)

California NORML

REGISTERED OPPOSITION:

None on file

Analysis Prepared by: Kaitlin Curry / B. & P. / (916) 319-3301

1. Department of Cannabis Control. About the Department of Cannabis Control, https://cannabis.ca.gov/about-us/about-dcc/. ↑

2. Department of Cannabis Control. Testing laboratories, https://cannabis.ca.gov/licensees/testing-laboratories/. ↑

3. Cal. Code Regs. Tit. 4, § 15719 ↑

4. Chris Casacchia, Lawsuit dismissed against 13 marijuana testing labs in California, MJBizDaily. (2024). ↑

5. Ryan Fonseca, How dirty is your weed? A joint investigation finds high levels of pesticides in products, The Los Angeles Times. (2024). ↑

6. Paige St. John, Contamination fears drive push to remake state cannabis agency, The Los Angeles Times. (2025). ↑

7. Cal. Code Regs. Tit. 4, § 15306 ↑