By Amanda Hernandez, Stateline
As cannabis is increasingly accepted and legalized across the United States, an alarming reality has emerged. The patchwork of state-by-state safety regulations can lead marijuana users to wander through a fog of uncertainty and expose them to possible risks.
Marijuana is illegal under federal law. It’s up each state to set their own safety standards and regulations.
These inconsistent regulations are part a broader debate on the U.S. marijuana industry. The 47 states that allow at least some cannabis use (cannabis is still illegal in Idaho, Kansas and Nebraska) have taken various approaches to issues such as the allowable amount of euphoria-inducing tetrahydrocannabinol, or THC, in a product.
In an interview with Stateline, Anna Schwabe, cannabis geneticist, director of cannabis research, education and development at 420 Organics said, “We really don’t know what is going on behind each and every laboratory in each and each state.” “I have no confidence in the numbers they are putting out.”
In most states, licensed laboratories are required to test legal cannabis products for potency as well as for contaminants like pesticides or heavy metals.
Despite the lack of uniform standards, lab results are inconsistent. According to Leafly, a platform that covers all things cannabis, some labs have been caught inflating the THC level of products they test on behalf farms to meet demand.
Morgan Fox, the Political Director for the National Organization for the Reform of Marijuana Laws (NORML), said that some businesses would contract with these labs to ensure their products test higher [in THC] in order to make them more appealing to consumers. This is unethical and also a by-product of a competitive market for testing.
Some states have issued recalls because products were cleared for sale even though they contained harmful contaminants. Oklahoma Medical Marijuana Authority revoked Scale Laboratories testing license in May 2022 after regulators discovered that more than 140 samples approved for sale contained mold, Salmonella, or E. Coli. The authority recalled 99 products in connection with the alleged rule violations of the lab.
A recall of approximately 64,000 pounds of marijuana in Michigan, 2021, was linked to 18 complaints including increased seizures, allergic reactions and paranoia.
Oregon Liquor and Cannabis Commission which regulates marijuana production and sales in the state issued a recall for several batches in June due to mold and heavy metals including mercury and cadmium. The recalled flowers were harvested before the testing requirements for heavy metals and microbiological contaminants had been updated.
Schwabe explained that “having some standards of operations across the board could dramatically reduce the variations we see between labs. But then, we’d have to have some kind of regulatory oversight in order to ensure everyone is following the rules” [on THC levels or testing practices] which we don’t currently have.
Testing methods
Schwabe explained that labs in different states use different methods to test cannabis for contamination and potency. This may explain why there are so many variations. While some states have their own labs that use a more standard testing method, others grant licenses to independent laboratories.
According to a study published in 2022 by the journal Environmental Health Perspectives, inconsistent state regulations on cannabis could have dire implications for consumer health. According to the study, state-level regulatory differences can increase the risk of contamination for immunocompromised individuals who may contract potentially deadly infections. They also cause confusion amongst cannabis growers and manufacturers, as well as testing laboratories.
In the study, it was also revealed that identical samples of cannabis could be acceptable in some jurisdictions but not others.
Schwabe added that cannabis consumers face challenges in navigating the inconsistencies of THC potency, marijuana strain names and dispensary locations.
If you think that Durban poison is the strain that you use to relieve whatever symptoms you have, and that it works for you, but you want to refill your medication in a new state or dispensary, then you may end up with something different,” Schwabe said.
Karmen Hanson is a senior fellow at the National Conference of State Legislatures’ health program, which works on behalf of state legislators.
Hanson told Stateline that legislators want a program to work for their state the way they think is best. That’s why all of them look different. What works in Colorado won’t work for North Dakota, Texas or anywhere else.
Michelle Rutter Friberg is the director of government affairs for the National Cannabis Industry Association. She said that cannabis programs are always evolving, as states adapt their laws to factors like new research and public health concerns.
Rutter Friberg, in an interview, said that while states are still interested in revenue, they are also interested in other things, such as eliminating an illicit market or ensuring that the products people consume are safe. They are also interested in ending the drug war by legalizing marijuana and doing so in a fair way.
Keep consumers safe
Those in the industry say that a consistent regulatory approach could also steer consumers away illegal sources which are even more dangerous.
“You don’t know what’s in it. Especially at a moment when we are talking about things such as fentanyl. Rutter Friberg stated that there is more reason than ever for regulating products such as these.
States have taken a variety of initiatives to ensure the safety of products and protect consumers. In Colorado and Washington edibles can only contain 10 mg THC in each serving. There is a limit of 10 servings per package or 100 mg THC. In Connecticut, edibles can only contain 5 mg of cannabis per serving. The maximum amount of THC allowed per package is 100 mg. In Massachusetts, edibles can only contain 5.5 mg THC in each serving.
In 2017, the Colorado legislature banned edibles that resembled humans, animals or fruit in an attempt to limit their appeal to kids. Other states have implemented similar measures including child-resistant packages to reduce the accessibility of cannabis products to children.
Some marijuana supporters argue that federal legalization can provide a solution because it could establish consistent standards and harmonize regulations across state borders. Federal legalization, say some marijuana advocates, could help streamline the cannabis industry, and improve consumer safety, along with potential funding for research.
Schwabe stated that if the federal government legalized marijuana, it would be a huge step forward and eliminate many of the problems that we face. We could work together to tackle some of the issues we do not know and make it safer for everyone.
Stateline was the first to publish this story.
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The article State Marijuana Regulations Cause Confusion Despite Federal Prohibition first appeared on Marijuana moment.
