The labs, producers, and cultivators are under immense pressure to increase THC levels. Inflating THC levels can lead to unrealistic expectations and erode trust in the integrity industry.
California’s lawmaker offers a solution. Assemblymember Reggie Jones -Sawyer, Democrat of Los Angeles, introduced Assembly Bill 16010 on March 15. This bill, which he refers to as the “weed out-the-weed” bill, aims to increase transparency and eliminate fraudulent activity in legal cannabis markets.
SC Labs sponsors AB 1610 to improve market transparency by allowing for or requiring lab audits in person, random product shelf testing, blind proficiency testing, and randomized product shelf testing.
Josh Wurzer, Chief Compliance Officer at SL Labs says that SC Labs supports this bill as it will allow bad actors to be held accountable. Bad actor brands and labs profit more than companies who follow the rules. This is the current system.
Wurzer says, “We want legalized markets to flourish, since it has been under tremendous pressure lately from lower prices and persistent illicit market.” Better trust in legalized goods and greater transparency will increase consumer confidence and public safety. This will strengthen legal markets.
Wurzer states that the proposed changes in the bill represent common-sense measures. They will improve existing laws, and provide regulators with the necessary tools to combat fraud. This includes:
- Blind proficiency testing is required to ensure that the accuracy of labs within their business operations can be tested.
- All past recalls must be made public online so consumers can easily access them
- Annual audits in person of labs (many laboratories operating in California are operating under provisional licenses that have not been inspected in person). Other states do this regularly to assure accountability.
- To identify any inconsistencies, allow for random testing of all products that are available for sale
The THC content determines the wholesale price of distillate. Consumers also prefer flower because it is low in THC. Labs shop for the highest levels of THC. Consumers are being charged more for THC because they believe they get more.
How rampant can it be? A handful of labs were tired of the rampant potency inflation. They decided to investigate. The labs analyzed over 150 flower products and found that 87% had illegally exaggerated their THC levels. Many also contained dangerous pesticide levels. Over half the sample’s THC levels were more than 20% off their labels, which is twice the allowed variance.
California allows for some margin of error. California’s THC threshold is +/-10%, although illegal companies sometimes exceed this margin. The California Department of Cannabis Control (DCC says that any one of the cannabinoids, total THC and/or total CBD, claimed to be on a label, shall not be held responsible for inaccurate claims.
In recent months, at least five consumer class actions lawsuits were filed seeking damages from those who paid for the artificially high levels of THC. These include some of the most well-known cannabis brands.
Consumers want assurance that the products they purchase are legal and safe. Assemblymember Jones-Sawyer stated, “This is why I presented AB 1610.” My bill is designed to protect California’s cannabis consumers while maintaining high-quality cannabis products.
Trust in the system is going to be broken if people get less THC than the labels say.
AB 1610 builds on the existing law to increase transparency and trust. It requires audits, blind proficiency laboratory testing and shelf product testing. The bill would require any recall of product to be made public and all labs licensed by the DCC to undergo an annual audit.
Californians approved cannabis use by voting with trust. Bad actors have broken that trust by improperly labeling products and artificially inflating prices,” stated Jones-Sawyer. This bill with its ability to test and review products improves accountability, and provides regulators with tools to rebuild consumer trust.”
California, along with other legalized states, have recalled products because they contained unsafe levels of mold, yeast and salmonella.
SC Labs operates cannabis plants in California, Oregon and Colorado as well as Michigan. The company also has registered hemp laboratories in all other states which require them, such Idaho, New Mexico and New York.
The first High Times article appeared in the post Inflated HHC Levels; Price Gouging Would be Banned under California Bill.
