OhioEnforcement ActionCritical severity

Ohio Division of Cannabis Control Suspends Testing Lab Certification for Using Unapproved Analytical Methods (August 2025)

The Ohio Division of Cannabis Control suspended the testing certification of a licensed testing laboratory for 60 days after finding the lab had substituted a non-approved high-performance liquid chromatography method for the state-required HPLC-UV protocol on 1,400 samples, producing results that overstated CBD content by an average of 12%.

Robert Hoban

Principal & Managing Attorney, Hoban Law Group

Colorado Bar

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Agency
Ohio Division of Cannabis Control
Action type
Enforcement Action
Published
August 6, 2025
Effective
August 6, 2025
License type
testing
Party
OH Testing Lab H (anonymized)
Fine amount
$25,000.00
Citation
ORC § 3796.04; OAC 3796:4-3-01; Method OH-T-004

Ohio Testing Laboratory Certification Requirements

Under Ohio Revised Code § 3796.04 and OAC 3796:4-3-01, cannabis testing laboratories operating in Ohio must use only analytical methods approved by the Division of Cannabis Control. Method changes require prior written approval. Unapproved method substitution is a Tier 1 violation subject to immediate suspension.

Findings

The Division's laboratory oversight unit conducted a records review and on-site audit on July 21–22, 2025 after receiving a discrepancy report from a licensed cultivator whose in-house QC results diverged from the lab's COA results by more than 20% on CBD content.

Key findings:

  1. Method substitution: The lab replaced the DCC-approved HPLC-UV method (Method OH-T-004) with a modified HPLC-DAD method beginning January 15, 2025, without DCC approval or notification.
  2. Scale of impact: An estimated 1,400 samples were tested using the unapproved method between January 15 and July 21, 2025.
  3. Systematic overstatement: The unapproved method consistently returned CBD values 10–14% above the approved method on identical samples, based on a parallel testing comparison conducted by the DCC.
  4. No disclosure: The lab did not disclose the method change to clients, regulators, or on COAs.

Enforcement Action

The DCC issued a 60-day suspension of the lab's testing certification effective August 6, 2025. During the suspension:

  • No new samples may be accepted
  • All 1,400 affected COAs are quarantined and may not be relied upon for product sales
  • Affected licensees have been notified and must retest affected lots at a certified lab before sale

Reinstatement Conditions

The lab must:

  1. Submit a corrected Standard Operating Procedure using only DCC-approved methods
  2. Pass a DCC proficiency testing panel with ≥95% accuracy
  3. Pay a civil penalty of $25,000

Industry Alert

Licensees should verify that their testing labs hold current DCC certification for each analytical method listed on COAs. The DCC maintains a public registry of approved methods at cannabis.ohio.gov/testing.

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