Massachusetts Regulators Catch Potency Inflation in State Cannabis Market

Regulators Identify Mislabeled Products

A promised crackdown on THC potency inflation in Massachusetts’ $1.7 billion cannabis market yielded more than a dozen instances of mislabeled flower products, state regulators said Thursday. Out of 63 cannabis flower products tested by the state Cannabis Control Commission during an “ongoing” shelf audit first announced in May, CCC investigators found 13 that tested outside of an acceptable range, the agency said. Massachusetts state law allows for a variance of between 75% and 125% of THC content printed on a product label.

That means cannabis flower that’s labeled at 20% THC would have to test between 15% and 25% THC to avoid enforcement. Products that test outside of that range received a “red notice” requiring further action, according to the CCC.

Regulators “placed holds on the noncompliant products to prevent further sales,” the CCC said in a statement Thursday. The CCC did not immediately identify the product cultivators or manufacturers or the labs that returned THC potency results later found to be outside of the acceptable range. That information will be posted on the CCC’s website at an unspecified future date, a spokesperson told MJBizDaily.

Officials Cite Consumer Protection

Executive Director Travis Ahern said that “Verifying that marijuana and marijuana products are accurately labeled is critical to the Commission’s mission of safely, equitably, and effectively providing Massachusetts residents access to this industry.”

Cannabis flower products sold on the adult-use market with higher THC levels generally sell at higher prices, and medical patients use THC potency for accurate dosing.

Future Testing and Oversight

The Commission is in the process of notifying producers whose products were found to be noncompliant and will prevent further sales of those products. Commission regulations require cannabis flower products marketed and sold to consumers and patients to bear labels detailing cannabinoid content and their respective amounts. The state’s 10 Independent Testing Laboratories (ITLs) evaluate THC content as part of required product testing.

Due to inherent variations between plants and variables like shelf stability the Commission established that an accurate label is within 75% to 125% of the potency shown on the label.

For example, a product labeled at 15% THC has an acceptable range of 11.25% to 18.75% total THC. The agency announced on Monday that the marijuana and marijuana products sold in Massachusetts must bear a label detailing the types of cannabinoids and their respective amounts. If it is determined that the product’s THC potency is beyond 75 to 125% of what is reflected on the label, it will be removed from the market until the resolved.

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