US Cannabis Testing: Fighting Lab Shopping (2024)

US Cannabis Testing: Fighting Lab Shopping (1)

Lab shopping and potency inflation have made the Summer of 2022 a turbulent time for US cannabis testing laboratories.

CannaSafe, a leading California testing company founded in 2011, announced in June that it was closing because of lab shopping – saying the practice “makes it very difficult for labs with integrity to get on the playing field.”

The following month, three Arkansas customers in chronic pain sued the testing company Steep Hill Inc. and two co-defendants, alleging that they had fraudulently overstated the amount of tetrahydrocannabinol (THC) in medical marijuana by an average of 25 per cent.

The two events shook confidence in the US cannabis industry – one expert arguing that, if proven, the Steep Hill allegations alone “could erase hundreds of millions of dollars in cannabis laboratory investment nationally.”

The chief science officer of CannaSafe meanwhile warned that its difficulties were “just a preview of what is coming for other… labs”, and that unless action was taken against unscrupulous testing companies, “most existing cannabis labs will not make it.”

Lab shopping – cannabis testing’s ‘original sin’

The legalisation of recreational cannabis has caused demand for high-potency products to increase dramatically in recent years – with buyers and dispensaries reportedly rejecting those whose Certificates of Analysis (COAs) give a THC level of below 20%.

According to InfiniteCAL laboratory co-founder Josh Swider, this means that “Sadly, many producers submit valid, certified COAs to the (Department of Cannabis Control), which show two to three times the actual potency value.

“Basically, what’s happening is growers are contacting labs and asking, ‘I get 30% THC at this lab; what can you do?’

“When they see our COA reporting their flower tested lower than anticipated, they will go to another lab to get higher test results.

“Unfortunately, there are all too many labs that are willing to comply.”

The cannabis website Leafly goes further, writing that shopping around labs for the highest THC scores is “almost a mandatory business practice for growers and distributors”, and that lab shopping “remains the original sin of the lab industry.” It also cites an Oregon auditor’s report which found that “industry pressures may affect lab practices and the accuracy of results” in the state – borne out by the fact that, in one 18-month period, 43% of processors used three or more labs, 38 growers and processors five or more, and one processor used nine separate labs.

Passing ‘dirty’ products, harming consumers

According to Swider, “inflating potency numbers isn’t the most nefarious testing fraud happening in the cannabis industry”. Instead, it’s analytical labs ‘passing’ cannabis products that are contaminated with pesticides and other dangerous contaminants, such as mycotoxins and heavy metals.

“If a manufacturer has 1000 liters of cannabis oil fail pesticide testing, they could lose millions of dollars – or have it retested by a less scrupulous lab,” Swider writes.

“As the industry continues to expand and new labs pop up left and right, cultivators and manufacturers have learned which labs are ‘easy graders’ and which ones aren’t.

“Certain labs can miss up to ten times the action level of a pesticide and still report it as non-detectable… these companies aren’t just tricking the consumer; they are potentially harming them.”

To Swider and Zachary Eisenberg, of Anresco Laboratories, THC inflation and passing unsafe products on to consumers are part of the same problem, because Labs that inflate potency are more likely to ignore the presence of contaminants.”

Two years before CannaSafe closed, its president Antonio Frazier warned that lab shopping created a “race to the bottom with safety”.

Leafly, meanwhile, found evidence that growers and distributors are not just demanding high THC scores, but also “shopping for passing grades for pesticides”.

It notes that, when California introduced stricter standards for pesticide residues in cannabis products at the start of January 2019, 20% of batches failed. However, just six months later, only 5-6 per cent of batches were being rejected. It quoted one laboratory chief scientific officer as saying that normal pesticide fail rates should be around 9-10 per cent, and that “Either California growers have really cleaned up their act, or they’re finding a way to pass dirty product.”

US Cannabis Testing: Fighting Lab Shopping (2)

New regulation – at last

Given that both shopping for high THC levels and passing grades for pesticides have been condemned for some time within the testing industry, “efforts to standardize and monitor labs have been slow in coming.” However, regulators in the key state of California are now proposing to mandate standardised testing methods by July 2023, in an effort to counter lab shopping and “more effectively regulate the state’s licensed testing laboratories.”

Among the requirements introduced by the new California method are:

· grinding down cannabis samples to less than one millimetre

· carrying out tests by high-performance liquid chromatography

· recording of at least two spike concentration levels and three spike replicates.

Announcing the changes, Nicole Elliott, director of the state’s Department of Cannabis Control (DCC), admitted that Individual, licensed laboratories use different methods which may produce inconsistent results and inaccurate data on cannabis cannabinoid content.

She added: “DCC is working to change that so there is greater integrity in the market, accurate information for consumers, and confidence among stakeholders.”

Protecting your laboratory’s reputation – and its future

The DCC’s move to bolster the integrity of cannabis testing and reinforce consumer confidence has a larger goal in mind – ensuring that the cannabis industry is as profitable as possible. With millions already invested in product development and lab set-up costs, growers, producers and testing laboratories all have an interest in ensuring that the value of cannabis products really does reach analysts’ estimates of $40 billion by 2030. Individual laboratories need to consider how being linked to dubious practices reduces their own standing – as well as increasing the risk of de-certification and even litigation, which would all impact their bottom line at this critical juncture for the industry. With so many competitors lowering their standards, now is the time to start investing in and highlighting the quality and reliability of your lab, so it can earn the trust, the custom, and the attention of the industry’s more reputable growers and distributors. This can help drive up product sales and help companies reach those lofty monetary sales goals.

Partnering with LGC Dr Ehrenstorfer experience and quality

With five decades of experience in manufacturing quality reference materials, Dr Ehrenstorfer is the perfect partner and guide for laboratories operating in the volatile US cannabis testing industry.

Our market-leading range of ISO 17034-accredited cannabis products – and COAs with unparalleled levels of detail on characterisation, purity, traceability, uncertainty, and other key information - can guarantee labs confidence in their results and prevent dangerous goods from entering the marketplace.

We also understand that well-trained staff can help your laboratory to stand out from the crowd, which is why CannLearn, our free, app-based training for the cannabis testing industry, features a dedicated module covering quality assurance, method validation, measurement uncertainty, traceability and quality control. Developed by Dr Ehrenstorfer and the UK National Measurement Laboratory, CannLearn also features an introduction to cannabis testing, plus further modules covering laboratory set up, contamination control, and health and safety.

In order to stay licensed, cannabis testing laboratories also need to demonstrate that their scientists are competent – which can be achieved with the help of proficiency testing (PT). One of the main criteria for becoming an ISO/IEC 17025-accredited facility is running PT samples for each of the processes and analytes in your laboratory. Therefore, regular use of a high-quality PT programme such as LGC AXIO Proficiency Testing’s cannabis scheme enables testing companies to monitor their performance continually, and provides vital information on technical issues and methodologies.

For more information on how Dr Ehrenstorfer can support your laboratory’s cannabis testing, click here, or follow us on Linkedin for advice and insights on running your lab. For more information on how proficiency testing can help ensure your laboratory’s quality, visit the AXIO cannabis page.

US Cannabis Testing: Fighting Lab Shopping (2024)

FAQs

What are the challenges of cannabis testing? ›

One major challenge in cannabis testing is the lack of standardization and consistency in analytical methods. Due to the complex and diverse nature of cannabis products, there is no single method or approach that can accurately and reliably test all aspects of these products.

How much does it cost to test cannabis in California? ›

Using our best estimates of average batch size (8 pounds) and failure rate (4%) in the 2019 California market, we estimate testing cost at $136 per pound of dried cannabis flower, or about 10 percent of the reported average wholesale price of legal cannabis in the state.

How many cannabis testing labs are in California? ›

That's because only 18 of California's 38 licensed testing laboratories are compliant—as of Jan. 8—with the Department of Cannabis Control's (DCC) new standardized cannabinoids test method and standardized operating procedures required for dried flower and non-infused prerolls.

What is a cannabis lab? ›

Testing labs test cannabis goods to make sure they're free of contaminants and labeled with accurate amounts of cannabinoids and terpenes.

What is the biggest problem with cannabis labeling? ›

Research has indicated that inaccurate labeling of CBD products is a widespread problem not limited to the United States. For example, a study of 84 CBD products found that only 31% of the products were accurately labeled within 10% of the advertised CBD content (Bonn-Miller et al.

What are the cons of drug testing? ›

The Cons of Workplace Drug Testing
  • It's an additional expense. One of the biggest and most obvious cons of workplace drug testing is the additional expense to the company. ...
  • It violates employee privacy. Another more controversial con of workplace drug testing is that it violates employee privacy.

Which state has the most cannabis licenses? ›

Cannabis cultivation licenses in the United States in 2022, by state. California had the most cultivation licenses of any state in the United States in 2022, by far. That year, there were 6,881 such licenses in the state compared with 1,406 in Oregon.

How much do cannabis drivers make in California? ›

As of Jul 26, 2024, the average hourly pay for a Dispensary Delivery Driver in California is $17.15 an hour.

How much does a cannabis extraction lab cost? ›

Capital Costs

The extraction equipment is estimated at $650,000. Additionally, reactors, filters, temperature control and holding vessels are assumed to cost $135,000. The solvent recovery system and cannabinoid distillation system are estimated to cost about $305,000.

What is the law on cannabis testing in California? ›

Pre-Employment Testing

Effective January 1, 2024, California law prohibits discrimination against applicants and employees for their off- duty, off- site cannabis use. Employers can still conduct preemployment testing, but they must use valid tests that look only for the psychoactive compounds in cannabis.

How much does a potency test cost? ›

Biological Potency Estimation/Determination/Bio-Assays at Rs 10000 in Ghaziabad | ID: 6249065655.

What does CBC mean in cannabis? ›

Cannabichromene (CBC), also called cannabichrome, cannanbichromene, pentylcannabichromene or cannabinochromene, exhibits anti-inflammatory properties in vitro, which may, theoretically, contribute to cannabis analgesic effects. It is a phytocannabinoid, one of the hundreds of cannabinoids found in the Cannabis plant.

What are the challenges of cannabis distribution? ›

Challenges in Cannabis Distribution Logistics
  • Legal and Regulatory Compliance. ...
  • Security and Risk Management. ...
  • Supply Chain Fragmentation. ...
  • Quality Control and Product Testing. ...
  • Transportation Constraints. ...
  • Geographic Dispersion.

What are the problems with cannabis legalization? ›

Furthermore, it has been shown to have adverse effects on mental health, intelligence (including irreversible declines in cognition), and the respiratory system. Driving while acutely intoxicated with marijuana greatly increases the risk of fatal motor vehicle collision.

What are the challenges for clinical cannabis and cannabinoid research in the United States? ›

Three primary barriers contribute to the difficulty in initiating research geared toward answering the most pressing public health questions: the US regulatory status of cannabis and cannabinoids, sources for cannabis and cannabinoid study medications, and limited funding and resources to support studies.

What are the barriers to medical cannabis? ›

Evidence from existing literature and real-world experiences converged on three key themes related to stigma barriers: (1) Lack of medical cannabis education within the healthcare community, (2) lack of consensus and coordination among harm-reduction services and (3) access to medical cannabis.

References

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