“Chemical transformation of CBD into THC can lead to a product that contains harmful residual solvents and other harmful compounds. It may even produce new compounds with unknown effects.”
By Rebecca Rivas, Missouri Independent
The Missouri Division of Cannabis Regulation responds to questions regarding the effectiveness of software used to track marijuana products and the results of the state-mandated tests.
In a guidance document released last week, the agency answered questions about testing regulations that cannabis companies rely on to make sure their product is safe. The agency defended its protocols by arguing regulations can only go so far when “bad actors”, who intentionally falsify records in order to avoid oversight, do it.
The guidance document stated that “the risk of bad actors trying to circumvent regulations requirements exists in all regulated industries.”
The new guidelines follow a major statewide product recall for products that were infused with THC distillate purchased from Delta Extraction, a Robertsville based company.
Delta has been accused of “inversion” by state regulators, which is bringing illegal marijuana products into their state and adding them to their products to maintain production numbers. The company claims it didn’t break the law, because it imported hemp, which is a legal substance under federal law.
Missouri cannabis business owners previously told the Independent that “no one” could know that Delta produced a distillate which wasn’t entirely made from Missouri marijuana, because it was listed in Metrc as having passed all of the required tests.
Since 2020, the state has paid between $700,000 to $900,000.
Metrc tracks the yield of the plant from the moment it sprouts until it is used in a vape pen, or joint.
The distillate was listed by Metrc along with a “certificate” of analysis from the laboratory that proved it to be safe for the consumer. The manufacturers bought the distillate and used it to infuse their products, resulting in 62,000 products being recalled by August.
The division answered the question in its guidance document on Monday: “If a marijuana product is registered as having passed all the required tests, how can it still pose a health risk?”
The division stated that tests can be rendered unreliable if “intentional falsification” of Metrc records and non-compliance is committed.
The guidance document stated that “where records are falsified, or sampling requirements aren’t followed, a test result doesn’t mean that all cannabis in a production or harvest lot has been evaluated appropriately.”
The division warned that if a company incorporates “unregulated cannabis”, it could also pose health risks.
In a Monday guidance document, the division stated that “chemical conversion of CBD into THC could result in a harmful product with residual solvents and other harmful compounds or even new compounds unknown in impact.”
It stated that repeated exposure to “highly toxic pesticides and illegal chemicals” could cause immediate and lasting health risks.
The division also responded to the question: “If licensees are able to falsify tracking data in ways that can cause public health risk, how can downstream licencees protect themselves against purchasing noncompliant products from bad actors?”
The guidance document stated that regulators are committed to investigating evidence of testing and tracking evasion, or manipulation. “These events will be treated as particularly egregious breaches,” the document added.
The division encouraged licensees with “unusually high prices and availability” to ask about the distillate. They should also establish contracts for the return or refund of any products later determined non-compliant.
Rich Chrismer is a Delta Extraction spokesman. He told The Independent in an email on Monday that Missouri had “approved all of Delta Extraction’s procedural documents, and the company always made sure to comply with (Division of Cannabis Regulating). The company operated in accordance with all administrative and statutory rules within Missouri’s Cannabis Program. “There are numerous well-documented emails with the compliance officer who approved this process.”
Documents in the case show that Delta sold 700 liters or more of the distillate. Industry experts claim that a liter of THC concentrated at 80 percent can be used to make more than 70.000 individual doses of 10mg THC each.
This is almost 50 millions doses.
Delta Extraction is still fighting for the recall to be overturned. On September 29, the Administrative Hearing Commission will hear this case.
This article was originally published by Missouri Independent.
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Photo by National Institute of Standards and Technology.
The article Missouri Marijuana Regulators Defend Laboratory Testing Rules in Light of Massive Product Recall first appeared on Marijuana Moment.
