California Proposes Revised Regulations To Combat Inflated THC Numbers and Reporting

THC levels are the dominating factor for many casual cannabis consumers. Ask any expert, and they'll tell you that using THC percent as a quality metric isn't as effective as one may seem. Still, with most consumers knowing little about the plant, when they see high percentage numbers, they think of high-quality cannabis. 

The erroneous thinking is best compared to booze: just because the ABV percentage is higher than average doesn't mean you're getting a better alcoholic beverage. 

That's why the pressure is on the supply chain to produce the highest potency THC it can. All too often, that drive to reach the top leads to cultivators, manufacturers and lab workers inflating their test results. In some cases, brands have been known to lab shop to find a test facility willing to boost numbers.

The practice is deceptive and risks undermining the nation's cannabis market and the public's trust. The issue is widespread, reaching many state markets. Few steps have been taken so far to address the issue. But that may soon be changing in at least one state. 

On March 15th, 2023, California Assembly member Reggie Jones-Sawyer introduced AB1610, aka "the weed out the weed bill." The bill intends to protect cannabis consumers and the market's authenticity through enhanced lab testing and stricter labeling standards. Authors of the bill claim that various product recalls in California, Michigan, Colorado and Oklahoma all inspired the legislation. Legislators say the different cases show instances where mold, yeast, salmonella and E. coli concerns have all been detected in products available for sale. 

The proposed bill aims to add further transparency to the existing regulations. If approved, cannabis brands would be subjected to additional product audits and blind lab tests. Similarly, labs would need to pass yearly audits conducted by the state's Department of Cannabis Control. Public awareness efforts are also included in the bill, with any future product recalls required to be published online.

It is to be determined if the bill will eventually pass through Congress and reach governor Gavin Newsom's desk for approval. However, regulatory changes have already come, with more likely on the way as the state struggles with product testing, labeling and other pressing matters, namely the unlicensed market. The proposed legislation targeting product quality, accuracy and transparency is an admirable step for California cannabis. However, one could argue that a certain level of skepticism is warranted with the state's reputation of occasional regulatory overreach and cannabis regulatory headaches.