DCC Implements Standard Cannabinoid Test Methods & Standards to Combat THC Potency Inflation

New Cannabinoid Testing Standards for Flower and Non-Infused Pre-rolls

To combat cannabinoid labeling inaccuracy and THC potency inflation fraud, last year the DCC developed new regulations and a standard cannabinoid testing method for flower and non-infused pre-rolls. Beginning October 1, 2023, the DCC will begin verifying each laboratory’s test methods and requiring that each labs’ ISO/IEC lab accreditation be updated with the new standard test methods. If a licensed cannabis lab in California has not completed the DCC’s validation process by the end of this year, as of January 1, 2024 the lab will be prohibited from testing cannabis flower and non-infused pre-rolls until the lab has completed the cannabinoid testing method verification.

The DCC is conducting lab inspections and confirmation testing in its own ISO/IEC 17025 lab. According to an email the DCC sent to all licensed labs on September 15, 2023, “Falsely inflating potency and falsifying scientific data violate the laws and regulations…” and warns that if test results are deemed inaccurate, the DCC may recall and/or embargo the cannabis or cannabis products. Actions against the lab will range from prohibiting the lab from conducting cannabinoid compliance testing on cannabis flower and non-infused pre-rolls, and up to and including license revocation.

Lab Shopping, Data Falsification, and Cannabinoid Potency Inflation

Several years ago the DCC tried to combat THC potency inflation by attempting to prevent the practice of lab shopping. Lab shopping is the practice of licensees only working with labs that deliver pre-determined cannabinoid test results not based on scientific data or licensees having a cannabis batch retested at a different lab when the compliance test doesn’t meet a pre-determined desired outcome, that is, high THC percentages. Meaning a cannabis batch would be tested at different labs until the desired cannabinoid profile was reported on the lab’s certificate of analysis (COA), the official report of lab test results. The practice of inflated THC percentages took off as cannabis brands wanted specific cannabinoid content results, consumers wanted high THC percentages, and some unethical labs followed along by inflating or falsifying test results. The vicious cycle began.

Not all labs, distributors and manufacturers have been involved in this unethical practice, but the problem has reached an apex. Some industry professionals believe that as much as 90% of legal cannabis flower in California has an inflated THC percentage on the product label. The transition to a standard cannabinoid test method for flower and non-infused pre-rolls will not be easy in a cannabis market that is currently experiencing many challenges, while consumer demand for high potency THC products is strong.

Consumer Demand for High Potency THC Products

It’s common knowledge that many consumers expect high THC content in their flower and won’t buy anything that tests less than 25% THC potency or higher. The pressure to deliver high THC potency affects the entire cannabis supply chain. Not only are consumers willing to pay more for high-potency THC flower, but lower THC potency flower may sit on retail shelves and not sell. It’s part of the vicious cycle. Retailers are charging more and consumers are willing to pay higher prices for cannabis flower and non-infused pre-rolls with high THC percentages. Consumers may be pressuring retailers to carry high THC percentage flower and pre-rolls, but retailers just like everyone else in the cannabis supply chain, must adhere to all laws and regulations including a quality assurance review to ensure the cannabis products its selling are labeled accurately. 

Why does it matter if my licensed cannabis business is not a lab?

All licensees in the cannabis “seed-to-sale” supply chain, even retailers, are likely to be named in lawsuits related to cannabinoid content inflation and mislabeling fraud. Class action law firms are targeting cannabis licensees when cannabinoid potency is misrepresented on product labels. See article links below. It’s very easy for any regulatory authority, attorney, or consumer to have cannabis tested and then compare those test results to what is printed on the cannabis product label. If those test results differ from the official compliance test results and/or the cannabinoid content is not printed on the cannabis product label according to regulatory requirements, the entire seed-to-sale supply chain involved is at risk of being named in a lawsuit.

When cannabinoids are labeled by the distributor, the distributor must label the cannabis product with cannabinoid content that is listed on the COA. The 10%+/- cannabinoid content variance only applies when the cannabinoids are labeled on the package prior to the distributor taking possession of the cannabis products for compliance testing.

A proactive legal step that licensees should take is to have contractual cannabis product purchase and sale agreements in place with other licensees detailing obligations and liabilities related to mislabeling. Invoices and re-sale certificates will not protect any licensee in a lawsuit related to mislabeling.

Articles:

Blowing smoke? Lawsuit accuses popular cannabis brand of overstating THC content in its joints

Customers Sue California Marijuana Company for Overstating THC Potency In Its Joints