ATTORNEYS AT LAW 215 S. Monroe Street ~ Suite 500 Tallahassee, Florida 32301-1866 P.O. Drawer 190 ~ Tallahassee, Florida 32302-0190 850.224.1585 ~ fax 850.222.0398 www.carltonfields.com August 1, 2019 State Attorney Jack Campbell Leon County Courthouse 301 South Monroe Street Tallahassee, Florida 32399-2550 Re: Atlanta Florham Park Hartford Los Angeles Miami New York Orlando Tallahassee Tampa Washington, DC West Palm Beach THC Testing for Cannabis Dear State Attorney Campbell: Our firm represents EVIO Labs Florida, Inc.("EVIO"~, a Florida-based company with two state-of-the-art testing laboratories located in Davie and Gainesville. EVIO provides laboratory testing services for the hemp and medical marijuana industries with its primary focus on consumer and patient safety. Another important aspect of EVIO's services includes education and outreach to ensure that these new cannabis-related industries are better understood by all interested parties. EVIO firmly believes that the cannabis plant has beneficial properties, and if tested properly, can be safe for public consumption. EVIO read with interest your correspondence to law enforcement partners dated July 30, 2019,regarding the capabilities of testing laboratories in this state to determine the level of tetrahydrocannabinol("THC")in plant material or manufactured products. I write to ensure that you are fu11y informed as to EVIO's testing capabilities which may be of benefit to the Second Judicial Circuit as it contemplates how to proceed in the new legal landscape created by the 2018 Farm Bill and SB 1020. There are several statements in your correspondence that require addressing in the interest of public education: 1) No public or private lab in Florida can do dispositive testing on cannabis. EVIO Labs can absolutely test cannabis plant materials or products and determine with precision the amount of THC in the sample. As a starting point, EVIO obtained accreditation to ISO/IEC 17025:2017 for the testing of cannabis and hemp plants as well as products derived from hemp/cannabis plants in 2018. As such, EVIO Labs was the first accredited laboratory in the state of Florida. Over the past two years, EVIO has invested $4,000,000 in equipment and software upgrades in order to make its potency testing the very best in the country. Onsite it has some of the most advanced laboratory equipment in the country including redundant Shimadzu LCMSMS-8060's, GCMSMS-8050's, and HPLC-2030C's. Also important for Florida's law enforcement community,EVIO has invested in RFID and LIMS technology which is a chain of custody software tracking system to ensure that the lab results obtained are ultimately of use in a court oflaw. Seven days per week,EVIO is testing cannabis products for potency and consumer safety. 2~ EVIO does not have a DEA license. Your correspondence suggests that EVIO withdrew from offering testing services in Florida when it discovered that it does not have a DEA license. That statement is not accurate. EVIO has been authorized since 2016 to perform cannabis testing by the Florida Department of Health as an integral part of the medical marijuana industry in this state. Because marijuana remains illegal under federal law, the DEA does not affirmatively license cannabis testing labs according to my research. There is a Carlton Fields, P.A. Carlton Fields, P.A. practices law in California through Carlton Fields, LLP. State Attorney Campbell August 7, 2079 Page 2 registration process whereby labs servicing the law enforcement community can seek an exemption from the Division of Drugs, Devices and Cosmetics at the Florida Department of Business and Professional Regulation which is a prerequisite for a similar DEA exemption letter. When EVIO was approached by the law enforcement community to assist in ensuring the products held by patients and consumers were identified precisely in the wake of the passage of SB 1020,EVIO started the process of obtaining those exemptions. Attached please find the exemption letter issued by the Department of Business and Professional Regulation for EVIO's cannabis testing laboratory services. We are in the process of obtaining a similar exemption letter from the DEA. 3) Field testing kits for probable cause in cannabis cases have not been validated. EVIO Labs has performed the validation on the field test kits on display at the Department of Agriculture and Consumer Services meeting on July 8th and stands behind the results of its validation testing. Importantly, EVIO tested and validated the field test kits to help the industry and avoid confusion, not to incarcerate the public. EVIO's validation process for the field test kits included the evaluation of selectivity, sensitivity, precision, and reproducibility of two batches of the kits. EVIO's scientists hold sufficient credentials to withstand scrutiny under the Daubert standard as its Lab Director (Mr.Jorge Segredo) and its Compliance Officer (Mr. Albert Ellis) each have more than 30 years of analytical laboratory experience. Mr. Ellis performed the validation testing personally for the field test kits. The field test kits observed on July 8th represent cutting-edge technology that is backed by validation and expert testimony from one of the country's leading cannabis testing laboratories. In conclusion, EVIO stands ready, willing, and able to assist the law enforcement community to avoid confusion in these new industries. Working together, EVIO believes we can help these new industries succeed while also ensuring that the letter of the law is met. EVIO's testing capabilities can determine quickly whether a product is marijuana or hemp by determining with precision the concentration of THC and CBD. EVIO has evaluated the measurement of uncertainty (accuracy) of its testing procedures using historical data and EVIO has exhibited uncertainty values ofless than 10%. As demonstrative evidence of the accuracy of EVIO's testing procedures, I have also enclosed a copy of EVIO's performance testing results. As reflected on the results, the accuracy of EVIO's testing procedure is within a thousandth of a percentage point of the true amount of THC in the sample, not a tenth of a point as required by the new statute. Backed by expert testimony if needed in a court oflaw, EVIO's testing services are second to none in this state and quite possibly the country. If you would like to have further discussion about how EVIO may be able to assist the Second Judicial Circuit, please give me a call. Kind regards, i~~~ ~~~ „! v Jennifer A. TschetteY Encl. cc: e,EVIOlabsfl.com) Chris Martinez, President, EVIO (cmartinezna James Horvath, CEO,EVIO (ihorvath(c~EVIOlabsfl.com~ This proficiency testis in ug/ml or parts per million. Total THC at 0.3% is 3000ppm. At 0.0462% Total THC,EVIO Labs responded within 7% of the expected value. ~000urer s~se a,ro wtn,er rec-e3e-soea 4131 Sw 17th Are Swte 1409 Dr+ie f~ 33314 ~ ~ COQ Pxta9o297 got*52019 ToEY'ii1C PMfomm~a TNt CiN•V~s 579 -)-Deka9•THC C-WV~s annahidd 579 C1N-V~e 579 c add CBDA C~1V~Ys uid A 579 -Z-trw-Delu9-TlIC _.__.. ..._ ..._.__. _ . .. ._ C1N•Vis 579 arrraDiool 579 C1JV•V~s otd (•)-Dela9-THC C-WVis 579 annabi rol ~ VrM VGA h,o,~e~ ~~g~so scuay a ffi019 ~~n [~ac~ OMiL/2019 Study type El11~ C,oze Date QS/Q~/2019 ~aM ~~1011 EYrlMtlon N- 20l~ AMIpNd VMN unit;up/nIL Z21 17 ACCENT. ---- - — - 207.7 265 715 5807 ~~~~ ~7 ACCEPT. 1 8. 2B.i 22.5 ACCfVT. ~ 256A ~ -~ 19~ .~_ 29a ACCENT. 12 %.Z1 ACCEPT. 432.3 37 ACtf7T. ~ 55 27.7 Z1 31. ACCENT. ~~ 05/01/2019 05/01/2019 05/01/2019 05/01/2019 OS/O1R019 05/01/2019 05/01/2019 Florida Department of Business &Professional Regulation Halsey Beshears, Secretary Drugs, Devices and Cosmetics 2601 Blair Stone Road Tallahassee, FL 32399 Phone: 850.717.1800 Fax: 850.414.8240 Ron DeSantis, Governor August 1, 2019 Vivian Iglasias Kaycha Holdings LLC d/b/a EVIO Labs 4131 SW 47th Ave., Suite 1408 Davie, FL 33314 Dear Ms. Iglasias: Pursuant to s. 499.03(4), Florida Statutes (F.S.) and Rule 61N-1.011(4), Florida Administrative Code, the department may accept correspondence from qualified individuals who use prescription drugs for lawful teaching, research, or testing. As the designated state agency for the administration and enforcement of ss. 499.001 — 499.081, F.S., the department has the authority to assign exemption letters authorizing such individuals to obtain and possess the requisite legend drugs)for this purpose. This letter serves as authorization for Vivian Iglasias with Kaycha Holdings LLC d/b/a EVIO Labs located at 4131 SW 47"' Ave,, Suite 9408, Davie, FL 33374 to possess the following prescription drugs for research, teaching or testing purposes: Schedule I controlled substances have a high potential for abuse and have no currently accepted medical use in the United States. Therefore, Schedule I controlled substances are not recognized as prescription drugs. Pursuant to s. 499.034), F.S., the department does not issue exemptions for the purchase and possession of products other than prescription drugs. However, the department recognizes that you intend to obtain and possess the following Schedule I controlled substances for testing purposes pursuant to SB1020. 1. Marijuana; Tetrahydrocannabinol (THC) Your authorization number to possess these prescription drugs is 80 3537. This authorization expires on August 31, 2021. You will need to submit another letter requesting renewal of this exemption within 60 days of the expiration date, so that we can reevaluate the situation at that time and extend the authorization if appropriate. Please be aware that this exemption number does not grant you the authority to purchase and possess controlled substances without a valid DEA number. There are conditions and responsibilities associated with this authorization since these are Controlled Substances. Noncompliance with any of these conditions may be grounds for disciplinary action under Chapter 499, Florida Statutes, including, but not limited to, revocation of this authorize#ion. The conditions and responsibilities include: Drugs, Devices and Cosmetics 2601 Blair Stone Road Tallahassee, FL 32399 Phone: 850.717.1800 Fax: 850.414.8240 Florida De~ partment of Business & Professional Regulation Halsey Beshears, Secretary Ron DeSantis, Governor 1. These drugs cannot be resold, traded, or distributed under any circumstance and may only be used at the above address in accordance with your correspondence requesting this authorization to possess prescription drugs. 2. You must comply with all security, storage, and record keeping requirements for prescription drugs required by the Florida Drug and Cosmetic Act, Chapter 499, F.S., and Florida Administrative Code Rule 61N-1, Regulation for Drugs, Devices, and Cosmetics. You may view the laws and rules online at httq://www.mvfloridalicense.com/dbpr/ddc/index.html; and 3. You will be subject to periodic inspections by drug agents of the department in accordance with s. 499.051, F.S., and the rules adopted thereunder. If you have any questions, please contact Stephanie Prine at 850.717.1806 or via email at Stephanie.PrineCa~mvfloridaficense.com. Sincerely, U'~'v" Walter Copeland Executive Director CC: Jennifer Tschetter, Attorney for Evio Labs jennifert@carltonfields.com