Bill > A1291

Introduced Session

This bill establishes various requirements for the cannabis testing facilities related to quality assurance in cannabis product testing. The bill requires the Cannabis Regulatory Commission (commission) to establish a laboratory quality program standard to improve testing by cannabis testing facilities. The commission is required to adopt rules on: (1) requirements for cannabis testing facilities that ensure consistent and uniform testing practices; (2) framework for cannabis testing facilities to have systems for planning and assessing work performed by the laboratory; (3) quality assurance and quality control procedures; and (4) proficiency standards that cannabis testing facilities are required to meet and maintain in order to obtain licensure to operate pursuant to the "Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," (CREAMMA) P.L.2021, c.16. Moreover, it requires any facility which develops a testing method to have the method approved by the commission. Under the bill, the commission is required to employ microbiologists and chemists with experience in testing cannabis for the purpose of conducting audits of cannabis testing facilities and approving the testing methods developed by cannabis testing facilities. The purpose of these employees is to assist the commission in conducting onsite assessments of testing facilities to ensure compliance with the CREAMMA and any rules and regulations related to the testing of cannabis items by testing facilities. The bill also requires that in addition to internal audits, that the commission, or a designee of the commission, conduct external audits of cannabis testing facilities to ensure compliance with testing standards and rules. Further, the bill requires the commission to establish a secret shopper program. The program will permit certain individuals to: (1) conduct anonymous compliance checks on licensed cannabis facilities; (2) report compliance with packaging and labeling requirements; (3) ensure compliance with age verification and point-of-sale requirements; (4) collect product samples for commission laboratory analysis; and (5) identify any shortcomings in the cannabis market related to public health and consumer safety. In addition, the bill requires that in accordance with current law and rules and regulations, a cannabis business is required to maintain accurate documentation of laboratory testing reports and provide such reports to the commission, who will make such tests publicly available on its Internet website. Such documentation must also be provided to customers upon request. The bill requires the commission to establish a whistleblower access and assistance program related to cannabis businesses. The program is required to offer a toll-free telephone hotline and a secure online portal for the submission of whistleblower complaints. The program will be accessible to employees and contractors of licensed cannabis businesses, and the program will permit anonymous submission. The commission is required to properly investigate and audit any cannabis business who is the subject of a whistleblower complaint. The bill provides whistleblowers the statutory protections provided pursuant to the "Conscientious Employee Protection Act." Finally, the bill establishes a private cause of action and criminal penalties for a cannabis testing facility which commits fraud. If an external or internal audit finds that the testing facility committed fraud, any aggrieved party by such fraud shall have a civil cause of action for damages. Upon a finding that the fraud did occur and that the party was aggrieved the court shall order the cannabis testing facility to pay the plaintiff three times the amount of damages sustained plus costs and reasonable attorney's fees. A cannabis testing facility commits an offense if in the course of business the testing facility: (1) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording the quality of a cannabis item; (2) sells, offers, or exposes for sale, or delivers an untested or noncompliant cannabis item; (3) falsifies any lab test results on potency, contaminants, or composition of a cannabis item; or (4) issues a certificate of analysis for an noncompliant cannabis item asserting compliance with any law or regulation. A violation of this bill is: (1) for a first offense, a disorderly persons offense; and (2) for a second or subsequent offense; a crime of the fourth degree. A disorderly persons offense is punishable by a term of imprisonment up to six months, a fine of $1,000, or both. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.

AI Summary

Committee Categories

Roy Freiman (D)*,  Michael Inganamort (R)*,  Cody Miller (D)*, 

Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee (on 01/13/2026)

Official Document