Sampling
Where and when a sample is taken matters. Programs specify which part of the plant is sampled and how close to harvest. A sample that does not represent the lot cannot reliably classify it.
Testing and calculation
Laboratories report cannabinoid concentrations and may report total THC. The method, basis and measurement uncertainty all bear on whether a result is above or below a threshold.
Comparison with the applicable definition
The result is compared with the definition that applies to the material, date and jurisdiction. That legal question is for counsel.
Need this analyzed in a matter?
Ted Menadier, MBA provides expert witness services in litigation involving cannabis, marijuana and hemp cultivation, crop loss, crop valuation, business operations, insurance claims, testing, classification and related industry matters. Request a consultation or see information for attorneys.