Colorado Cannabis Safety First: What the New MED/CDPHE Surveillance Program Means

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In a recent press release, the Colorado Marijuana Enforcement Division (MED) announced that the division would be launching a Surveillance Testing Program together with the Colorado Department of Public Health and Environment (CDPHE) (1). In collaboration, the MED and CDPHE have created a structured plan and procedure “to implement the Program in coordination with the Science & Policy Workgroup Forum throughout this calendar year,” (1). MED staff will begin collecting samples over the next few weeks of Regulated Cannabis from Medical and Retail Cannabis Stores throughout the state. After collecting the samples, they will be sent to the Colorado Department of Public Health and Environment’s Reference Laboratory to be tested.

According to the press release, the Surveillance Testing Program will analyze Regulated Cannabis that is available for purchase to consumers, as well as patients, and the data will be used to (1):

1. Understand the potential prevalence and type of contamination associated with Regulated Marijuana categories of flower, pre-rolled and infused pre-rolled marijuana, concentrate, vaporizer delivery devices, and edible marijuana.
2. Evaluate the accuracy of potency labels compared to potency test results for concentrates, vaporizer delivery devices, and edible products.
3. Collect additional data points to inform future Science & Policy Forum topics, including but not limited to interlab consistency discussions.

During the first week of October, MED staff will start collecting samples of Regulated Cannabis and will continue to do so until the end of January 2026 for this section of the Surveillance Testing Program (1). The press release mentioned that (1), “Samples collected will need to be in amounts sufficient for analytical testing. These details will be communicated at the time of sample collection, based on the type of product and the types of tests that will be performed.”

Licensees will be asked to confirm samples are given in the same packaging that a consumer would be receiving had the product been purchased in a retail cannabis establishment. The Regulated Marijuana Store will be reporting samples within a inventory tracking system “that samples were collected by entering a package adjustment with the reason code ‘Surveillance Testing Program’ and entering the note provided by Division staff at the time of collection,” (1). Transportation of samples will be handled by MED staff to the CDPHE Reference Laboratory or will organize transportation using CDPHE couriers. Complying with Colorado Marijuana Rules 4-205(E) and 4-205(F), MED will not be paying or reimbursing licensees for the costs that arise from collecting the Regulated Cannabis samples. Additionally, licensees will not be receiving further costs for Program testing that is completed via the CDPHE Reference Laboratory. Funding will be coming from “existing resources.”

As mentioned in the press release (1), “In the event of a failure, the Division will notify the store where the sample was collected and use the inventory tracking system to quarantine the specific batch associated with the failed sample. The Division will also contact the licensee who produced the batch of any related product that has been quarantined in the inventory tracking system. Failed test results will require the licensee identified by the Division to complete and submit a CAPA in accordance with Rule 6-115, 6-210, or 6-310. The Division may also request the licensee to complete a voluntary recall in accordance with Rule 3-336. The Division will evaluate the need for an Embargo pursuant to Rule 8-110(B.5) if a licensee does not complete a CAPA and/or voluntary recall.”

Once the initial Surveillance Testing Program has been completed, CDPHE staff will be collecting, organizing, and analyzing the data (1). From there, CDPHE will publish a preliminary summary regarding the data analyzed within around 30 days after the Program has completed and then they will publish a “more detailed report” within 90 days of the Program’s completion (1).

Data from the Surveillance Testing Program hopes to be utilized in establishing operational best practices, strengthening product safety for consumers, and helping with policy gaps.

Colorado Attorney General Phil Weiser Announces Settlement with 1906 Brands

The MED press release comes at a time when Colorado Attorney General Phil Weiser announced in a press release that a settlement had been reached involving the manufacturers and distributors of the 1906 brand of cannabis products, as well as Peter Barsoom, one of the co-founders. The settlement follows after an investigation was conducted and discovered that the companies “failed to disclose health risks associated with the products to consumers and misrepresented the products’ health benefits,” (2).

References

1. 250919 industry bulletin 25-11_ surveillance testing.pdf https://drive.google.com/file/d/1OkR72sgFuaV43ZcPiXwxKwjAED8YUMk_/view (accessed Sep 25, 2025).
2. Colli, M. Colorado attorney general Phil Weiser shuts down 1906 cannabis brands over undisclosed health risks https://www.cannabissciencetech.com/view/colorado-attorney-general-phil-weiser-shuts-down-1906-cannabis-brands-over-undisclosed-health-risks (accessed Sep 25, 2025).