Colorado cannabis industry leaders have complained in recent years that addictive cannabis-derived products endanger consumers, create unfair competition and threaten to upend the nation’s first regulated recreational cannabis market.
Labs are developing technology to distinguish between hemp and marijuana, but states have been slow to implement random testing programs to check the quality of products on dispensary shelves.
In the absence of official testing, The Denver Gazette and ProPublica set out to test whether the claims that hemp alternatives are popular were accurate, purchasing 14 e-cigarettes at Denver-area pharmacies.
Hemp naturally contains high levels of CBD, a non-intoxicating compound, but only trace amounts of THC, the chemical in marijuana that gets people high. However, some manufacturers have been caught by the Colorado Marijuana Enforcement Agency for using solvents to convert CBD from hemp to THC, a process that is banned in the state.
Labs can detect indicators of this process by looking for versions of THC known as delta-8 and delta-10. Delta-8 and Delta-10 often appear when CBD from hemp is chemically converted to THC. It can also identify solvent residues commonly used in the process but not used in marijuana production.
Three of the press samples had Delta 8 or Delta 10 THC levels between 1.1% and 3.3%, which experts said is important because those levels rarely occur naturally.
“Anything above trace amounts is suspect,” said Monica Pittiglio, director of analysis at the Colorado Chromatography Laboratory, which studies THC from cannabis. “Anything above 1% is insane,” she noted after reviewing the test results for the press.
However, experts interviewed by the press disagreed that the results amounted to conclusive evidence of THC from cannabis. Some point out that compounds extracted from plant materials can break down into rarer compounds over time or due to inaccurate processing.
The sample included the following products:
Dutch Botanicals, an Aurora marijuana manufacturer, had its license suspended in May by the state pending a final decision. Regulators accused the company of producing addictive marijuana-derived THC. Two of the company’s e-cigarette products tested by news outlets tested positive for delta-8 THC. Owner Jenny Tran acknowledged the state’s claims but denies using marijuana and said she is fighting the state’s efforts to revoke the license. Rockin Extracts is a Pueblo County marijuana processor. Unusual levels of delta-10 THC were found in e-cigarettes. It also contained volatile solvent residues different from those listed on the package. The company’s lawyers denied using hemp additives and argued that although the product was tested eight months before the sell-by date, the unusual compounds were due to natural deterioration. The lawyer said the oil used to make the e-cigarettes was purchased from another company. C2CC is a Denver marijuana manufacturer doing business as Bonanza. The company’s Flying Hawaiian Vape contained toluene, a dangerous solvent that was not listed on the packaging. Independent chemists said this indicates THC from hemp, as it shouldn’t be present in marijuana products and could be used in the conversion process. Conran Keller, co-founder of C2CC, said the distillate was purchased from a supplier and his company requires a certificate of analysis for the products it buys to ensure compliance and quality.
Experts said such findings could warrant further investigation into the processes used to manufacture the products. They also said the ambiguity in ultimately determining whether a product is derived or partially derived from hemp highlights the need for more effective regulation.
The Marijuana Enforcement Agency declined to comment on the test results to The Gazette and ProPublica.
Colorado launched a pilot off-the-shelf testing program last fall that buys products from pharmacies and double-checks lab work. State regulators had planned to collect up to 150 samples between October and December, a fraction of the more than $1 billion worth of marijuana products sold annually in the state. But the new program is already facing delays.
Heather Draper, a spokeswoman for the department, said the off-the-shelf testing program is still in its “infancy.” Establishing it permanently will require “increased resources with appropriate funding,” she said.
