The Inflated THC Crisis Plaguing California Cannabis

The Inflated THC Crisis Plaguing California Cannabis

Cannabis consumers in California are being defrauded, and it’s the Department of Cannabis Control’s fault. Lab shopping has become so widespread that labs openly advertise their higher potency values to gain customers without fear of recourse.

Fraud

The THC content you see on a label when you walk into a dispensary? There is a very good chance the number is false.

In every state with regulated cannabis, there is a requirement to label the potency of products so consumers can make informed purchasing and medicating decisions. The regulations usually state that the THC/cannabinoid content on the label must be within a particular relative percent difference of the actual tested results for the product to be salable. In California, that threshold is +/- 10%.

The problem is, with all the focus on THC percentage in flower and concentrate products, enormous pressure has been placed on cultivators and manufacturers to push their numbers up. Higher numbers = higher prices. But unfortunately, improving their growing, extraction and formulation processes only gets companies so far. So, they proceed to ‘lab shop’: giving their business to whichever lab provides them the highest potency.

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Leafreport Study Finds Most CBD Sleep Products are Mislabeled

Leafreport Study Finds Most CBD Sleep Products are Mislabeled

Out of 52 tested products, 60% contained the wrong amounts of CBD, CBN, or melatonin. One product contained no melatonin at all and two others had 3-5 times more than advertised.

 

CBD sleep products are becoming increasingly popular and sophisticated. Many contain not just CBD but other active ingredients, with melatonin and the minor cannabinoid, cannabinol (CBN), being the most popular.

 

But do these products actually contain what it says on the label? Are their levels of active ingredients accurate?

 

To find out, Leafreport bought 52 CBD sleep products and sent them to an accredited third-party cannabis testing lab called Infinite Chemical Analysis Labs. Most of these came in the form of gummies, tinctures, or capsules.

 

We compared the lab’s findings to the amounts of CBD, CBN, and melatonin listed on the product label and description. Here’s what we found…

 

 

 

 

 

 

 

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CBD Oracle Hemp Delta 9 Study

CBD Oracle Hemp Delta 9 Study

We commissioned InfiniteCAL to test 53 of the most popular hemp delta-9 products (mainly edibles) and found some are 360% higher in THC than average doses of Cannabis products, while more than half are inaccurately labeled, ordinarily delivering less THC than they promised.

 

The cannabinoid trends have come full circle. After CBD hit the mainstream, hemp companies realized there was a lot of potential in delta-8 THC, and around that time, tons of new contenders popped up, including delta-10, THC-O, THC-P and HHC, but one familiar name has come back around to dominate the industry: delta-9 THC. It’s the only cannabinoid that’s been specifically made illegal, but through the specific definitions used in the bill that resurrected the hemp industry, companies have found a way to get it on the market, apparently legally.

 

But are these companies reliable? If a customer buys a “hemp delta-9” product, are they going to get what they expected? Do they really fall within legal limits? And are the dosages involved safe?

 

To answer these questions, we’ve purchased 53 of the most popular hemp-derived delta-9 THC products, and sent them to an independent lab for testing, including both potency testing and checks for impurities or leftovers from the manufacturing process. We’ve also consulted experts in the legalities, practicalities and science of the hemp delta-9 industry to get to the root of both the problems with the industry and their solutions…

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Colorado’s New Hemp Regulations Increase Contaminant Testing

Colorado’s New Hemp Regulations Increase Contaminant Testing

Earlier this year, the Colorado Department of Public Health and Environment (CDPHE) announced a plan to introduce new testing rules for the state’s growing hemp industry. Under the new regulations, hemp products must be tested for residual solvents, heavy metals and pesticides, in addition to making sure they contain less than 0.3% THC.

The CDPHE are planning on a gradual rollout to prevent any supply chain issues or a lab testing bottleneck, similar to what we’ve seen in other states launching new testing requirements in years past, such as Arizona or California. Well, the Colorado rollout appears to be hitting similar snags and because of supply chain issues related to instruments and consumables in laboratories, the implementation of those testing rules is somewhat delayed. What was originally supposed to be implemented over the summer was pushed back to an October 1 deadline, and that deadline has now been pushed back to 2022.


The pesticide testing list to be implemented January 1, 2022

As a result of supply chain shortages and the learning curve to test for such a wide range of pesticides, Colorado is opening hemp testing to out-of-state labs in an effort to stay on schedule with the rollout. Dillon Burns, lab manager at InfiniteCAL, a cannabis testing company with locations in California and Michigan, just completed an audit with the CDPHE in their work to get certified and start conducting hemp testing for businesses in Colorado.

Burns says they’re well-acquainted with the list of pesticides because of how similar the list is to California’s requirements. “For the pesticide testing rules that were supposed to go into effect on August 1st, it’s basically the same list as California just with slightly different action levels,” says Burns. “I would say these action limits are generally stricter – they have much lower LOQs [limits of quantification].”


The pesticide testing list (continued) to be implemented January 1, 2022

Come January 1, 2022, they are expecting an additional 40 pesticides to be required under the new rules. “But currently, it’s still unclear when these regulations will actually go into effect,” says Burns. The full pesticide testing list is currently slated to be implemented on April 1, 2022.

The supply chain issues referenced above have a lot to do with what the state is asking labs to test for. Previously, most of the pesticides tested for under Colorado’s adult use and medical cannabis programs could be analyzed with an LC/MS. A handful of pesticides on the new list do require GC/MS, says Burns. It’s entirely possible that a lot of labs in Colorado just don’t have a GC/MS or are in the process of training staff and developing methods for using the new instrument. “Cleanliness of these instruments is such a priority that it takes time to acquire the right skill set for it,” says Burns.


Dillon Burns, Lab Manager at InfiniteCAL

The new testing rollout isn’t just another compliance hurdle for the cannabis industry; these rules are about protecting public health. Dillon Burns said he’s seen hiccups in California with the amount of new hemp farmers getting into the space. “The hemp products we’ve tested in California often fail for pesticides,” says Burns. It’s a lot easier in most states to get a license for growing hemp than it would be for growing adult use cannabis. “You’ll see a lot more novice growers getting into hemp farming without a background in it. They’ll fail for things they just haven’t considered, like environmental drift. We see a lot of fails in CA. Hemp is bioaccumulating so it presents a lot of problems. If they’re not required to look for it, they weren’t monitoring it.”

When asked how the market might react to the new rules, Burns was confident that Colorado knows what they’re doing. “I don’t anticipate that [a testing bottleneck] happening here. The regulators are reasonable, supportive of the industry and opening it up to out-of-state labs should help in preventing that.”

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Colorado’s New Hemp Regulations Increase Contaminant Testing

Colorado’s New Hemp Regulations Increase Contaminant Testing

Hemp-infused products will soon undergo pesticide testing similar to that of their marijuana counterparts.

A lack of federal guidance since hemp’s federal legalization in 2018 has left Colorado to regulate CBD and hemp-derived extracts on its own. Following a glut in the industry from an oversupply of hemp biomass, the Colorado Department of Public Health and Environment began rolling out hemp regulations in April.

The new rules are set to take effect in full on October 1, but testing has already begun for 106 different pesticides, as well as heavy metals and other residual solvents used in the hemp extraction process, according to Jeff Lawrence, CDPHE director of environmental health and sustainability. Ingredients derived from hemp and intended for consumption, including food, drinks, cosmetics and pet products, will be subject to the testing.

“Ultimately, this is a public-health issue. In 2018, when, statutorily, these products were allowed, we said it would be treated like every other food and dietary supplement requirement,” Lawrence explains.

list of areas where Colorado’s hemp rules needed reform was laid out by a state-approved panel earlier this year, including guidelines for new CBD and hemp-derived extract testing. On top of contaminant testing, the new regulations require an exact percentage of THC content to be included on hemp product labels.

The CBD craze might be calming down, but Lawrence says Colorado wants to help legitimize a still-growing hemp industry, by enforcing universal standards similar to safety regulations already enforced by the United States Food and Drug Administration.

The regulations don’t apply to industrial hemp products not intended for human consumption, such as textiles, fuel and other industrial materials. Hemp-derived smokable products are excluded, as well, including those with modified cannabinoids like Delta-8 THC.

“We don’t want to burden the industry,” Lawrence says. “But what we’ve learned is that there are things in hemp products that we obviously need to be considerate of. Since the inception of hemp, Colorado has been a leader in this industry. This will provide some better guidance.”

 

The first rollout of regulations began in April, with most testing requirements for heavy metals, microbial and residual solvents going into effect July 1; pesticide testing had a delayed implementation date, but is expected to begin rolling out by August 1.

“For quality brands and manufacturers who have already been doing full panel testing, this won’t be a very big change for them,” says Lisa Stemmer, marketing director for Colorado’s only state-certified hemp testing lab, Botanacor Laboratories. “I could certainly see it being a bit intimidating for those who are newer to the industry, but overall, I think it’s a positive thing.

“We’re talking about having CBD as a regulated nutritional supplement and food additive. I think what CDPHE recognizes is that this is going to be enforced at the federal level at some point, and now we’re just prepared with a head start.”

At the moment, Colorado has just one state-certified testing lab for hemp contaminants, with a second lab based in California, InfiniteCAL, currently waiting approval from the CDPHE. Because hemp can now cross state lines, facilities in other states could pursue state certification in Colorado, Stemmer adds.

Hemp farmers and business prospects rushed into a promising market in 2018 after federal legalization. But that unregulated, booming market eventually resulted in an overabundance of goods. The new regulations could slow down Colorado’s contribution to this excess, according to Stemmer.

“[Companies] are being more strategic and thoughtful about what they’re producing, so they might not be producing as much, but they’re producing much better quality,” she says.

Colorado Hemp Education Association co-founder Jackie Chenoweth suggests that although the regulations might slow down the CBD side of the hemp industry, they could highlight the plant’s versatility to produce goods not intended for consumption, like fabric, paper, plastics and fuel.

“This plant could literally save us from ourselves if it were grown and utilized to make thousands of everyday products,” Chenoweth says.

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Infinite Chemical Analysis Lab