Washington, DC: Hemp-derived intoxicating products typically contain greater quantities of THC than are allowable under federal law and some products also contain elevated levels of pesticides, according to an analysis of commercially available products by the American Council of Independent Laboratories (ACIL).
Researchers purchased commercially available hemp-derived products (e.g., flower, pre-rolls, and vape pens) from either retail or online stores in six states (Arizona, California, Illinois, Massachusetts, New Jersey, and New York). Labs performed analytical testing of the products for purity and potency and compared their results to the products’ Certificate of Authenticity (COA).
Consistent with other studies, most products contained quantities of cannabinoids that were inconsistent with the products’ COA. In most cases, products contained far less delta-8 THC than advertised and higher levels of THC than permissible under the 2018 federal Farm Act. Seven of the 48 products tested (15 percent) also contained pesticides at levels higher than those permitted under state law. “Consumers are unwittingly consuming contaminated products,” researchers reported.
The study’s authors concluded: “The clear takeaway from this study is that the current landscape of intoxicating hemp product testing does not accurately reflect the legality of the products being sold by vendors nationwide. … It also illustrates the need for legislators to provide a robust regulatory framework [for] the testing of hemp products that ensures honest and accurate reporting of intoxicants and contaminants by testing laboratories.”
Delta-8 THC appears organically in cannabis flowers, but it is typically only produced in minute amounts. By contrast, the elevated quantities of delta-8 THC found in commercially marketed products are often the result of a chemical synthesis during which manufacturers convert CBD to delta-8 THC. Manufacturers engaged in synthesizing delta-8 THC are not regulated and may use potentially dangerous household products to facilitate this process.
Although the 2018 Farm Bill tasked the US Food and Drug Administration with regulating hemp-derived products, the agency has thus far failed to do so. Last year, regulators with the agency responded that Congress – not the FDA – must take primary responsibility for creating a regulatory framework overseeing the commercial production and marketing of hemp-derived cannabinoid products.
NORML and other groups have urged the FDA to establish regulatory guidelines governing the production, testing, labeling, and marketing of hemp-derived CBD products. In 2021, NORML issued a report on delta-8 THC and other novel, synthetically derived cannabinoids that cautioned consumers to avoid these unregulated products because they are untested and may contain impurities.
The full analysis is available from ACIL.