Business
How cannabis testing labs help put undue focus on THC potency
Cannabis testing laboratories are partly to blame for the marijuana industry’s focus on delivering high-THC products to consumers, according to industry officials.
That’s because state regulators across the nation lack mechanisms to check the accuracy of private laboratory testing results.
Without state-run labs to keep tabs on their private counterparts, industry officials said, cannabis growers and product manufacturers are likely to keep shopping around for private labs that deliver results showing high THC potency.
“On the lab side, inflated potency results that are not accurate are happening everywhere,” said Jill Ellsworth, founder and CEO of Denver-based Willow Industries, which provides marijuana and hemp decontamination technology.
Ellsworth said it would be a “great idea” for state cannabis regulators to use a third-party testing lab that would audit private laboratories.
California and Colorado have taken stabs at operating their own state-run testing labs to audit the THC-potency test results of private labs.
But most state programs don’t operate their own labs to verify results.
The industry’s THC focus comes at a time when scientists are warning that high-THC marijuana is causing more people around the globe to become addicts.
Ellsworth, for her part, said consumer safety should take priority over THC potency.
Companies could then concentrate on educating consumers about cannabinoids and the entourage effects of different terpenes, she added.
But Myron Ronay, CEO of BelCosta Labs, a cannabis testing lab in Newport Beach, California, warned against pushing too hard for terpenes to be the main quality indicator – although he would like to see product labels offer more information about terpene profiles.
“Are people going to spray extra terpenes on their flower?” he asked. “Are labs going to have incorrect terpene profiles?
“There’s a lot of risk inherent in the whole industry.”
Ronay said some cannabis in California is selling with as high as 40% THC potency on the label.
“Which, I honestly don’t believe,” he said. Over 30% THC is possible, according to Ronay.
But his staff has bought flower labeled at 37% THC, gone back to the lab with it and saw it test at 17%.
‘Gaming the system’
In July, Steep Hill Arkansas was included in a class action lawsuit filed by three medical marijuana patients alleging the lab “intentionally inflates the amount of THC in its customer’s flower” on behalf of at least three growers also named as defendants.
The allegations were rejected by Christian Poole, director of marketing for Steep Hill, based in Berkeley, California, with locations in 10 states, Canada and Mexico.
“We have every belief that the lab we’re affiliated with in Arkansas has not broken any rules, that they’ve done things by the books,” Poole said.
But, he added: “Lab shopping is definitely a real thing. It’s an issue in both Canada and the United States.”
Testing labs have plenty of incentives to engage in that kind of behavior, including getting additional business and charging more for favorable results, according to Poole.
But the broader question about the cannabis industry’s focus on potency is an “important part of moving beyond where we currently stand and can even help eradicate some of the obvious ways of lab shopping to game the system,” he added.
Poole pointed to terpenes as a “major topic,” with a growing body of evidence that the chemical compounds play an important role in how consumers enjoy marijuana.
“There’s a lot of people who will argue that some of the best cannabis they’ve ever smoked was not a high-THC product,” he said.
“The evolution starts to suggest thinking about terpenes as part of the picture as well.”
Poole argued that consumers who know a lot about marijuana and prefer a mix of THC and high terpene content should be driving that evolution of the market as well as pushing growers and retailers to make that type of flower available.
“You’d like people to be practicing what they preach and purchasing products that fit that description,” he said.
Poole also sees a possible downside: If the market shifts its attention to a higher terpene content, then growers might start shopping for labs that give favorable terpene numbers.
Poole also works for Molecular Science Corp., a testing lab based in Toronto.
Health Canada has its own testing labs that the Canadian government contracts to help investigate testing results.
For example, if a certificate of analysis comes in with a very high THC number, then the regulators can check whether the results are legitimate.
Possible solutions
Lev Spivak-Bindorf, co-founder and chief science officer for Ann Arbor, Michigan, cannabis testing laboratory PSI Labs, sees the problem with potency inflation coming from several aspects of the industry.
“No one knows where it begins and ends, but a lot of it is the consumers who want what they think is very potent cannabis,” he said.
Even calling the marijuana “potent” because it has a high THC number is silly, according to Spivak-Bindorf.
He suggests looking at THC and CBD ratios as well as other components in the plant, such as terpenes and minor cannabinoids.
But even the prevailing idea that cannabis is getting stronger is a myth, according to Spivak-Bindorf.
The heirloom-like landrace strains – which have been grown for centuries – might more prevalent today because of the wide availability of legal cannabis.
“We didn’t invent high-THC weed,” Spivak-Bindorf noted.
Like others, Spivak-Bindorf said consumers must be educated that there are more important qualities than THC – a move that could reduce the incentive for growers and manufacturers to lab shop.
He’s also a proponent of state-run labs.
“Having a third-party lab that can actually look at samples and help ground things in truth is a huge part of that,” Spivak-Bindorf said.
Another way testing labs could reduce fraud is for lab operators to take samples at the cultivation facility, before growers would have the opportunity to inflate potency results, according to Spivak-Bindorf.
Labs have reported that some growers will submit adulterated samples that have been sprayed with THC distillate or coated with extra THC crystals, for example.
The push for cannabis flower to test at 25% or more “gets crazy,” Spivak-Bindorf said.
His lab recently participated in a study that analyzed nearly 90,000 samples of cannabis across six U.S. states with legal marijuana markets.
Flower testing with more than 25% total THC is in the 93rd percentile, which means it’s rare,” Spivak-Bindorf said.
Flower testing with as high as 35% THC is above the 99th percentile – yet product labels often show such a potency level.
“Potency inflation, which can increase the value and salability of your product, it does get a little questionable once you start digging,” he said.
Source: https://mjbizdaily.com/how-cannabis-testing-labs-help-put-undue-focus-on-thc-potency/
Business
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Business
Marijuana companies suing US attorney general in federal prohibition challenge
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
Business
Alabama to make another attempt Dec. 1 to award medical cannabis licenses
Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.
The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).
Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.
Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.
That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.
Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.
Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.
A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.
Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/
-
Business1 year ago
Pot Odor Does Not Justify Probable Cause for Vehicle Searches, Minnesota Court Affirms
-
Business1 year ago
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
-
Business1 year ago
Alabama to make another attempt Dec. 1 to award medical cannabis licenses
-
Business1 year ago
Washington State Pays Out $9.4 Million in Refunds Relating to Drug Convictions
-
Business1 year ago
Marijuana companies suing US attorney general in federal prohibition challenge
-
Business1 year ago
Legal Marijuana Handed A Nothing Burger From NY State
-
Business1 year ago
Can Cannabis Help Seasonal Depression
-
Blogs1 year ago
Cannabis Art Is Flourishing On Etsy