Amid accusations of illegal hemp THC inversion and potency inflation, Colorado lawmakers will consider removing commercial testing laboratories from state cannabis regulators’ list of responsibilities.
Introduced last week, Senate Bill 161 would shift cannabis testing lab oversight from the state Marijuana Enforcement Division to the Colorado Department of Public Health and Environment. It would also tweak the way in which samples are collected and tested.
The measure aims to address concerns about contamination and unreliable testing practices.
Are Colorado cannabis testing laboratories reliable?
Like other states, Colorado cannabis is rife with complaints over issues like pesticide contamination, mold and inaccurate THC potency labels, according to KCNC-TV.
Over the past four months, the state has issued 10 recalls because of safety concerns.
Critics of the current system say that allowing producers to choose their own testing samples creates opportunities for manipulation.
The proposed changes would require state regulators to collect products directly from dispensaries for testing. The bill, which proposes making testing results public, also would tie sales tax to THC potency, encouraging accurate labeling.
“This bill is about accountability,” Ripple Edibles CEO Justin Singer, who supports the measure, told KCNC.
Ripple last year organized and published a study that found “staggeringly bad” results from Colorado cannabis testing labs, including unreliable THC potency results.
“Right now, it is very tough to work in this industry as an honest company. Very, very tough. Because you’re competing against people who are given the label of honest by the government without actually delivering honesty.”
How is the cannabis industry reacting to THC potency inflation?
Singer said his facility hasn’t been inspected in four years – despite producing millions of THC servings annually.
Not everyone in the industry agrees.
Adam Foster, chief legal officer for Silver Stem Cannabis, criticized the bill for being rushed during the last three weeks of the legislative session, according to KCNC.
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He also said it combines too many changes at once.
He suggested waiting for the results of a pilot program launched by the MED and CDPHE that is testing products already on dispensary shelves.
“I think the vast majority of licensees are responsible and trying to do a good job,” Foster told KCNC.
“And I don’t think a handful of bad actors should paint the whole industry, especially not before we’ve determined how widespread the problem actually is.”
