doomed
17 hours ago
So much for government weed.
Colorado cannabis operator’s testing experiment yields damning pesticide, microbial and potency results
Kate Lavin, Senior Editor
February 3, 2025
More than 85% of regulated marijuana products sold in Colorado’s adult-use market might violate health and labeling laws, according to a recent report by one of the state’s cannabis operators.
Frustrated by the apparent reluctance of the Colorado Marijuana Enforcement Division (MED) to test state-regulated cannabis products and punish those found to be breaking the law, Justin Singer, CEO of manufacturer Ripple, asked his staffers to visit Denver-area MJ retailers on Nov. 12 and purchase the flower, shake and pre-rolls brands “they would normally purchase.”
The company then sent unmarked, unadulterated samples – bud, pre-rolls and shake – to a state-regulated cannabis laboratory to have the products tested for potency, yeast and mold, pesticides and microbial contamination.
According to the lab results, only two of the 15 products purchased at Denver-area retailers complied with state regulations, and some were found to have dangerous levels of contaminants.
Out of 15 cannabis products purchased for the study, 12 (or 80%) reported THC content outside the 15% variance allowed under Colorado law.
“This was worse than I expected,” Singer said.
“I thought a third of the products were going to fail, and I thought that was going to be bad enough to raise a ruckus.”
Singer first realized there was a problem with the state’s potency testing system about a year ago, when Ripple sent samples to three labs and found “everybody was out of band” in terms of results.
“That really set us off,” Singer said after sharing the self-funded study with MJBizDaily.
The study was first reported by CPR News.
Elizabeth Kosar, a MED spokesperson, told MJBiz via email that the Colorado Department of Public Health and Environment’s Laboratory Services Division is responsible for auditing licensed marijuana testing facilities.
“The Division takes a deliberate, science-informed and data-driven approach to all regulatory requirements, including the testing program,” Kosar said, adding that evaluating and revising testing requirements is an ongoing process.
“For example, over the past three years, required pesticide testing has evolved significantly to align with required pesticide testing in other state regulatory cannabis programs, and required hemp testing in Colorado.”
Contaminated cannabis
While Colorado law does not require labs to test marijuana specifically for coliform – a group of bacteria that includes E. coli and is found in animal and human intestines – 17 other state-regulated marijuana markets require coliform testing, so Ripple also paid for that test.
Four of the 15 cannabis samples tested revealed the presence of coliform bacteria above the state limit for industrial hemp, and one pre-roll was found to have 12,000 CFU (colony-forming units) per gram, 120 times the legal limit for hemp products.
“The licensee conducted tests that are not required by Colorado statutes or rules (pesticide components and coliform) but failed to note that pesticide testing and microbial testing are required by Colorado’s rules and enforced by the Division,” Kosar said.
Colorado’s marijuana testing protocol includes testing for microbials, she said, including “bacteria and fungi such as salmonella, e-coli … and total yeast and mold.”
In addition to microbials, Kosar said the state requires that marijuana be tested for:
Water activity.
Mycotoxins.
Residual solvents such as acetone used in the manufacturing process.
Heavy metals such as arsenic and lead.
Pesticides.
“The coliform and aerobic bacteria absolutely, definitely, are the most concerning,” Jill Ellsworth, CEO of Denver-based cannabis decontamination company Willow Industries, told MJBizDaily after reviewing Ripple’s report.
“It’s essentially feces,” she said of coliform.
Two of the cannabis samples in Ripple’s shelf study – including the biggest coliform offender – also tested beyond the allowable aerobic plate count, which measures the number of viable microorganisms in a sample.
One pre-roll sample was shown to have 780,000 CFU per gram, meaning it had 78 times the legal limit of viable microorganisms.
“It’s appalling to see this still happening today, when we’ve been talking about this for over nine years,” said Ellsworth, who founded Willow Industries in 2015.
“More rules have been implemented, but … the enforcement isn’t there, and it’s not backing up those rules.”
Cannabis reference labs needed
To remedy the situation, Singer believes Colorado needs to follow other markets’ lead and create a cannabis-specific reference lab that tests marijuana products being sold at state-regulated retailers.
The integrity of Colorado’s market, according to Alison Bosworth, lead author of the Ripple study, “is not the (privately owned) labs’ responsibility.”
“It comes down to the state regulators and the enforcement of it.”
Bosworth points to Michigan as a cannabis market that is improving its product-testing and recall procedures – but only after Gov. Gretchen Whitmer abolished the state’s initial regulatory body and created a new one.
“Part of the shelf study was our way of having the analytical assessment and having the data to back these conversations,” Bosworth said.
“You could have all the rules in the world, but if the party who’s responsible for enforcing them is not doing their job … the behavior changes aren’t going to happen.”
Cannabis reference lab costs
Bosworth’s study outlines the exact costs that would be involved with establishing a reference lab with five employees testing 550 samples per month:
Initial setup (lab equipment and infrastructure): $413,470.
Annual operating costs (facility lease, materials, staff): $802,192.
The $1 million annual cost to establish and operate a reference lab would be 4% of the MED’s budget, according to Singer, who believes Colorado consumers are being defrauded of $275 million every year by false potency claims and other quality-control issues.
“That is ostensibly what the governor is there for, the attorney general is there for and their appointees are there for,” Singer said.
“They are just sitting there like, ‘Well, I can’t do this because somebody might yell at me.’ And, well, that person is actually trying to poison people.”
Singer said one pre-roll was left over after Ripple sent samples to the lab.
“I took it home and smoked it, and I smoked rat sh*t,” he said.
“So, I never want to hear from a dispensary who’s like, ‘Why are you talking bad about the industry?’
“Why did you feed me rat sh*t?”
False THC potency claims
Besides the obvious health issues associated with clearing marijuana products for sale that should fail for pesticides, yeast, mold and/or microbial contamination, Singer said the unreliable potency tests create an unfair marketplace where consumers often make purchases based on high-THC claims that are unfounded.
The potency levels printed on labels averaged 34.2% higher than what was discovered in the tests ordered by Ripple.
Those tests showed:
Shake: All five shake samples purchased from Colorado retailers tested outside the 15% variance. Labels claimed an average of 59.1% more THC than found in lab tests.
Pre-rolls: Four of the five pre-rolls tested were found to have THC levels more than 15% below the labeled amount, with a 28% average variance between label and tested THC.
Flower: Three of five bud samples purchased were outside the 15% variance, with average THC levels 16% below what was shown on product labels.
“The competition is skewed,” Singer said. “It drives good products out of the market.”
As an example, Singer said a friend and Colorado-based cultivator who “does everything right” and “has worked really hard to cultivate 25% (THC) flower” has a tough time finding a retailer willing to carry the product because they are competing against brands that have lab results alleging 30% THC.
“If enough things are fraudulent, consumers will rightly assume that everything is fraudulent,” Singer said.
How Colorado’s regulator should proceed
Beyond establishing a state reference lab, Singer recommended the MED should choose a single calibration standard, analytical method and sample prep method that all testing labs in the state must use.
This uniformity would ensure lab operators’ potency results were more in alignment, he said.
Both Singer and Willow’s Ellsworth encouraged the MED to inspect operators’ facilities.
“I used to own a cold-pressed juice company, and … I had the state regulating me very stringently, they were inspecting us constantly,” Ellsworth said, adding that knowing an inspection is possible prompts operators to ensure their facilities are clean and disinfected.
“If we want to mimic and be regulated like food, we should mimic that within our facilities.”
But Kosar of the MED pushed back on the assertion that licensed cannabis operators are not inspected.
“Any suggestion the Division fails to inspect licenses or otherwise enforce Colorado’s regulated marijuana program is wrong,” she said.
“In 2024, the Division conducted investigations into approximately 2,628 licenses, including 160 unique investigations into licensees regarding product safety.”
Once enforcement actions are concluded, resulting administrative steps are published on the MED website.
“The Division’s records confirm that it has been at (Ripple’s) premises at least five times between 2020 and 2024,” Kosar said.
Singer, for his part, said his company hasn’t undergone a food safety inspection since 2022.
“And even those inspections were restaurant-style inspections; the MED never created a manufactured foods-oversight program,” Singer said.
“The anomalies that are slipping through are egregious.”
doomed
5 days ago
Home / Legal
South Dakota lawmaker moves to repeal state’s medical cannabis law
By MJBizDaily Staff
January 29, 2025
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After South Dakota’s Election Day defeat of adult-use legalization, an emboldened lawmaker is moving to repeal the state’s medical cannabis law.
House Bill 1101, introduced Monday by Republican state Rep. Travis Ismay, would simply repeal the state’s 2020 medical-marijuana law and outlaw the more than 100 legal cannabis businesses in the state.
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It’s Ismay’s second effort to undo MMJ in the state, according to Dakota News Now.
South Dakota voters legalized medical marijuana in 2020 despite opposition from influential politicians such as then-Gov. Kristi Noem.
That same ballot initiative also legalized adult-use cannabis.
However, the South Dakota Supreme Court later struck down the adult-use provision after a state law enforcement official filed suit on Noem’s behalf.
Voters later rejected two subsequent legalization measures – an adult-use initiative this past November and a 2022 initiative allowing adults to possess and use home-grown cannabis.
In a recent appeal to fellow lawmakers to co-sponsor his repeal bill, Ismay called medical marijuana a “travesty” that state voters had “crammed down their throat,” according to politics blog Dakota War College.
“If anyone knew what this Law actually said, they would never have voted for this,” he claimed.
Polling suggests a more nuanced story, with a 2023 South Dakota State University survey showing voters split on recreational cannabis.
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In the meantime, the state’s medical marijuana industry is already suffering.
At least eight dispensaries closed in 2024 because of low patient counts and competition from other stores, the South Dakota Searchlight reported in December.
South Dakota has a relatively low patient count, with 11,497 approved patient cards as of Jan. 8, according to state data.
That’s down from a high of 13,705 a year ago.
Observers attribute the decline in MMJ interest to the wide availability of products with intoxicating levels of hemp-derived THC in the state.
doomed
2 weeks ago
Trudeau’s departure is a turning point for Canada’s cannabis industry
By Deepak Anand, Guest Columnist
January 24, 2025
As Canada’s cannabis industry stands at a pivotal crossroads, the impending departure of Prime Minister Justin Trudeau marks the end of an era that reshaped Canada’s relationship with the plant.
Trudeau’s bold decision to legalize recreational cannabis in 2018 not only transformed the nation’s social and economic landscape but also established it as a global pioneer in marijuana reform: Canada remains the only G7 nation to have federally legalized the plant both for medical and adult-use purposes.
The impact of cannabis legalization on Trudeau’s legacy is undeniable.
Recent polls indicate that 62% of Canadians support cannabis legalization, a testament to the policy’s enduring popularity and success.
In fact, when asked about Trudeau’s top accomplishments, the largest proportion of Canadians point to the legalization of recreational cannabis, according to a survey by Leger, a North American market research company based in Montreal.
Justin Trudeau started advocating for a legal adult-use market in Canada only a month after he was elected prime minister in 2015. (Photo courtesy of Government of Canada)
However, as we look toward the future, storm clouds are gathering on the horizon.
The prospect of a Conservative Party government led by Pierre Poilievre raises concerns for the industry’s trajectory.
One of the most pressing issues is the potential downsizing of Health Canada’s Controlled Substances and Cannabis Branch.
This critical department, currently employing more than 200 staff members, plays a vital role in regulating and overseeing our industry.
A Conservative government focused on reducing federal spending could target this department for cuts, potentially creating bottlenecks in licensing processes, amendments and export license approvals.
The CBD file, long emphasized as a priority in Health Canada’s forward-looking regulatory agenda, risks further stagnation under a potential Conservative government.
Such delays could result in missed opportunities to expand sales channels into pharmacies, health food stores and other traditional retail outlets beyond cannabis stores.
Additionally, it could prevent Canadian cannabis businesses from fully leveraging the rapidly growing global CBD market.
The industry has been eagerly anticipating regulatory reforms to address challenges such as marketing restrictions and limitations on THC content in edibles.
These much-needed changes could now be put on hold indefinitely, leaving licensed Canadian cannabis businesses struggling to compete with both the illicit market and international competitors.
At a minimum, the Liberal Party government should prioritize advancing proposals already in progress before the next election - or risk being blamed by a potential Conservative government for creating a financially unsustainable and unviable industry.
Cannabis reform and revenue at risk
Over the past six years, a multibillion-dollar cannabis industry has taken shape in Canada, creating thousands of jobs and generating substantial tax revenue.
Any rollback or stagnation of cannabis policies could threaten these economic gains, compromise patient access and stall Canada’s position as a global leader in the sector.
It could also risk positioning the country as a cautionary example of the challenges surrounding cannabis legalization.
As we navigate this uncertain terrain, it’s crucial that the industry unite and organize effectively.
It must engage proactively with policymakers across the political spectrum, educate the public about the benefits of a well-regulated cannabis market and continue to demonstrate the positive impacts of legalization.
Trudeau’s cannabis legacy
To maintain its position at the forefront of this rapidly evolving global industry, the Canadian cannabis industry must advocate for continued support and refinement of the regulatory framework.
Cannabis legalization should be viewed as an ongoing process that requires continuous improvement, not as an event having come and gone.
As we bid farewell to the Trudeau era, let’s remember that the Canadian cannabis industry has become an integral part of the nation's economy and social fabric.
It’s incumbent upon industry participants to ensure that any current or future government recognizes this reality and works to build upon the foundation laid thus far.
Only through collective effort can Canada hope to preserve and expand upon Canada’s first-mover advantage in the global cannabis industry.
Canadian consumers do not care for government weed as survey claims that they are well served and happy with illicit cannabis offerings.
doomed
2 weeks ago
GTA
‘What are we living in — a wild west?’: Pot shop owners left fuming by city’s lax rules
Owners of licensed cannabis shops are accusing authorities of turning the industry into an unregulated “wild west,” after the city said it would stop investigating unlicensed pot retailers.
Doomed
Jan. 23, 2025
Clifford Tindall, the owner of Spiritleaf Cannabis in Little Italy, says the lack of enforcement of cannabis licensing rules has left he and other legal operators at a disadvantage.
I
A visitor to the plain-looking coffee shop near Harbord Street and Spadina Avenue would need to look closely at the menu on its patio to realize it sells anything stronger than caffeine.
But inside the minimalist facade beneath a criminal law office, the store, called CAFE — which stands for Cannabis and Fine Edibles — offers a selection of cannabis-infused coffees and teas from 8 a.m. to 11 p.m. A patron cautions the Star that even a low dose could cause the imbiber to walk around for hours in an aimless haze.
No smokable pot products are visible on the first floor of the store, one of CAFE’s five locations across Toronto. Upstairs, there is a smoking lounge that costs a fee to enter. CAFE’s website allows people to purchase several varieties of combustible cannabis and associated paraphernalia for pickup at the Harbord location.
The only thing missing: a required sticker in the window indicating a licence from the province to sell cannabis.
The continued operation of CAFE and dozens of other unlicensed Toronto cannabis shops is at the heart of what licensed pot retailers charge is a regulatory free-for-all that threatens public safety and undermines the legal industry.
Their anger over what they say is an uneven playing field was reignited last week by the city’s surprise announcement that its bylaw officers will no longer investigate storefronts that sell weed without a licence.
A senior city official asserted that the work is too dangerous and the municipality has no money to do it. And while he argued that cracking down on unlicensed outlets is a job best left to the police, the force has suggested it has more pressing problems to deal with.
The gap in enforcement has left Clifford Tindall, owner of the Spiritleaf franchise in Little Italy, fuming. “It’s insane. Like, what are we living in, a wild west here?” he said in an interview.
He said owners of legal shops like his pay thousands of dollars in licensing fees, and are required to buy bunk inventory from the government’s Ontario Cannabis Store at higher prices than on the unregulated market. Licensed retailers are also limited by rules about how much THC — the active ingredient in cannabis — can be in products like oils that are cut with 90% vegetable oil.
Unlicensed shops don’t have to follow those rules, so have a competitive advantage that allows them to undercut licensed sellers, Tindall argued. He also said products sold in unlicensed stores can contain harmful chemicals.
Behind its minimalist exterior, CAFE’s Harbord Street location offers a selection of cannabis-infused coffees and teas.
“We’re being regulated up the a—. But there is no regulation taking place against these businesses. How can they expect us to survive, for one, and have any trust in the system?” said Tindall, who believes the police should do more to shutter unlicensed shops.
CAFE didn’t return a request for comment.
According to city estimates, there are 372 licensed cannabis retailers operating in Toronto, and 77 unlicensed ones.
The Alcohol and Gaming Commission of Ontario (AGCO) is responsible for licensing cannabis stores, but the responsibility for enforcing rules against storefronts that sell pot without a licence is left to local authorities.
City licensing officials can issue closure orders, conduct seizures, bar entry to storefronts and lay non-criminal charges under the Cannabis Control Act. According to the city, since 2019 its licensing division has secured 116 convictions against illegal operators and property owners.
But the city says it’s not aware of any other Ontario municipality that uses bylaw officers — who don’t have arrest powers and aren’t permitted to use force — to enforce the Cannabis Control Act.
At a meeting of the budget committee last Wednesday, Carleton Grant, the city’s licensing director, said investigating illegal pot shops put his bylaw officers at risk, and police, who are responsible for enforcing criminal laws against illegal drug peddling, should step in to do the job.
“It is criminal, it is organized crime, and it is not appropriate for me to send my staff into these locations where there are weapons and there’s criminal activity taking place,” said Grant.
Grant also stressed that the cash-strapped city has no money for enforcement. The $9 million Queen’s Park allocated to Toronto between 2019 and 2021 for enforcement and other costs associated with legalization ran out at the end of last year, and wasn’t replaced in the proposed 2025 city budget Mayor Olivia Chow unveiled last week.
“We no longer have funding for cannabis enforcement,” Grant told the committee.
In a statement, Toronto Police Service (TPS) spokesperson Stephanie Sayer said the force investigates reports of illegal dispensaries and lays charges when warranted. According to Sayer, the TPS “works closely” with the city on the file, but was “not informed” about its concerns about employee safety or its decision to stop enforcement.
She said that if “there is a desire for TPS to take the lead in this area,” the force “can collaborate with the city to discuss the resources that would be required.”
But speaking to reporters at city hall last Thursday, police Chief Myron Demkiw pointed out that recent police reform efforts have focused on relieving the force of responsibilities, like bylaw enforcement, that can be performed at lower cost by civilians.
He suggested shutting down unlicensed pot shops wasn’t an urgent issue for the TPS, which he said was “laser focused on our core duties,” such as responding to shootings and other violent incidents.
A spokesperson for the Ontario ministry of the attorney general warned in a statement that retailers who don’t secure a licence through the AGCO “are operating illegally and will face the consequences.” They said the province “will continue to ensure there is integrity in the regulated market by working with all partners”
In 2024, the Ontario government announced $31 million over three years for the Provincial Joint Forces Cannabis Enforcement Team to fight illegal cannabis production, sale and distribution.
‘We are just no longer effective’: Toronto bylaw officers to stop cracking down on illegal pot shops
GTA
‘We are just no longer effective’: Toronto bylaw officers to stop cracking down on illegal pot shops
A spokesperson for the Ontario Provincial Police, which leads the enforcement team, said it will advise local police forces about illegal storefronts “upon request” and if an investigation is connected to organized crime or a broader probe into drug distribution, production or trafficking. Last year the team shut down 22 illegal cannabis storefronts in Ontario and seized $1.1 million in illegal dried cannabis from dispensaries across the province, including in Toronto.
In an emailed statement, Chow didn’t directly answer questions about who she thinks should be responsible for closing unlicensed weed stores, but said enforcement “needs to happen, no one should walk away from this responsibility.”
Ken Hughes, founder of the unlicensed Medicine Wheel cannabis shops, said that as an Anishnaabe and member of the Mississaugas of the Credit First Nation he has the right to sell cannabis outside of provincial regulations. A Medicine Wheel location was raided last year but continues to operate.
He rejected the claim that stores like his are dangerous or connected to organized crime. “There’s no weapons at any of my stores,” he said. “I’m a businessman … I’m the furthest thing from being a criminal.
When asked, customers all agreed that government weed is bunk.
doomed
2 weeks ago
Home / Legal
Trump’s choice as interim DEA leader is marijuana rescheduling skeptic
By Doomed
January 22, 2025
A former top U.S. Drug Enforcement Administration official who cast doubt on marijuana rescheduling last year is President Donald Trump’s interim choice to oversee the DEA – and, potentially, the agency’s historic rescheduling process.
The Trump administration on Monday tapped Derek Maltz to take over as DEA administrator on an interim basis, Bloomberg News reported.
Maltz, whose 28-year DEA career included 10 years as special agent in charge of the agency’s Special Cannabis Operations Division, assumes control from the agency’s previous chief, Anne Milgram.
Maltz will inherit from Milgram an ongoing and contentious process to reclassify marijuana under federal law.
Trump is pro-rescheduling; his DEA pick, not so much
In a September post on his Truth Social platform, Trump signaled support for downgrading marijuana’s status under the Controlled Substances Act, a process that former President Joe Biden launched in October 2022.
That process is in temporary limbo pending an appeal that seeks to remove the DEA as overseer of the process.
Trump loyalists, including Texas Republican U.S. Rep. Chip Roy praised the selection of Maltz, pointing to the former agent’s resume that includes successes against international “narco cannabis terrorism” and the capture of Sinaloa cartel leader Joaquin “El Chapo” Guzman.
Malts also has cast doubt on the marijuana rescheduling process that he’ll now inherit.
It all started in May 2024, when the U.S. Justice Department published the “interim proposed rule” that reclassified marijuana as a Schedule 3 drug, down from Schedule 1.
It was former Attorney General Merrick Garland – not Milgram – who signed off on the finding of “substantial evidence that marijuana does not warrant” its present Schedule 1 status.
An additional memo from the DOJ’s Office of Legal Counsel that cites DEA objections to reclassifying marijuana indicates the agency fought the decision to pursue rescheduling, a process it now is overseeing.
Maltz: Rescheduling is ‘politics over public safety’
Maltz, then retired from the DEA and working as head of government relations for a software company, also had strong words after the May ruling became public.
“It’s crystal clear to me that the Justice Department hijacked the rescheduling process, placing politics above public safety,” he told the Associated Press.
“If there’s scientific evidence to support this decision, then so be it. But you’ve got to let the scientists evaluate it.”
According to one analysis, such scientific evaluation already had been done: In August 2023, the Department of Health and Human Services found that cannabis has a “currently accepted medical use” in the United States.
However, as the DOJ’s Office of Legal Counsel memo indicated, the DEA questioned the process used to make that determination.
There’s no clear timeline as to when or if Maltz might entertain the appeal that has temporarily halted the marijuana rescheduling process.
A hearing before Chief Administrative Law Judge John Mulrooney II was to begin in earnest Jan. 21.
But that process has been paused indefinitely after an appeal from cannabis interests that accused the DEA of “bias” against rescheduling.
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