California Testing Labs Now Required to Follow Standardized Testing Methods for Flower

California has long been at the forefront of the legal cannabis industry, with a thriving market for both medical and recreational use. However, concerns over labeling fraud and artificially inflated potency levels have sparked the need for stricter regulations in this booming industry. In response to these issues, the Department of Cannabis Control (DCC) implemented new requirements for testing dried flower and non-infused pre-rolls in California.

The primary goal of these regulations is to ensure that all licensed laboratories are using the same standardized cannabinoid test method and operating procedures. Hopefully, this will not only help combat labeling fraud and inflated THC numbers but also provide consumers with accurate and consistent information on the products they use or consume.

As of October 1, 2023, labs were required to comply with the new standardized testing procedures. However, the DCC allowed a grace period for labs to transition and fine-tune their methods before full compliance was enforced on January 1, 2024.

However, as of writing this, only 16 licensed laboratories are in compliance with state law and can conduct state-mandated compliance testing for dried flowers, including non-infused pre-rolls.

“I believe there are enough approved labs to handle the volume. If you’re encountering supply chain issues, it’s more likely the lab doesn’t have the infrastructure or experience. I also wouldn’t expect overall potency values to come crashing down, as some bad players will continue to push the limits. The only thing for certain is that it will take enforcement for this change to actually make a difference, and enforcement will be easier for the DCC now that everyone is running a similar method.” says Antonio Frazier, Chair of the lab subcommittee of Californias Cannabis Advisory Committee and the founder of Fire Consults.

The Department of Cannabis Control (DCC) was established in 2021 with the goal of regulating and overseeing California’s thriving cannabis industry. As part of their duties, they are responsible for setting standards and guidelines for testing cannabis products to ensure consumer safety and product quality.

One major issue that the DCC has been addressing is labeling fraud in the legal weed market. Inflated THC numbers have been a common problem, as customers tend to pay more for products with higher potency levels. This creates an incentive for labs to inflate their test results in order to drive up prices and profits.

To combat this issue, the DCC implemented standardized cannabinoids testing methods and standardized operating procedures for testing dried flower, including non-infused pre-rolls.

Via the DCC, “The Office of Administrative Law (OAL) has approved the Department of Cannabis Control’s (DCC) regulations implementing Business and Professions Code section 26100(f)(2) pertaining to the establishment of a standard cannabinoids test method, including standardized operating procedures, that shall be utilized by all licensed testing laboratories in California. OAL filed the approved regulations with the Secretary of State on July 28, 2023. These regulations will become effective on October 1, 2023, and compliance will be required starting January 1, 2024.” 

It was this regulation’s goal of the DCC to establish a standardized testing method for all licensed laboratories, ensuring that consumers receive accurate and consistent information about the cannabinoid content of cannabis products they use.

Below is the full list of licensed laboratories that are in compliance with state law and can conduct state-mandated compliance testing for dried flower, including non-infused pre-rolls. The list is updated as of January 8th, 2024, and is subject to change as more laboratories become compliant. You can see the updated list here. “Licensed labs that are not on this list have not demonstrated verification of the standardized cannabinoid method and are not able to conduct regulatory compliance testing for flower and preroll matrices.“

The implementation of standardized testing methods and operating procedures for all licensed laboratories in California has several benefits for consumers. First and foremost, it ensures that the cannabinoid content listed on product labels is accurate and consistent across all products. This means that consumers can trust that they are getting exactly what they pay for, without being misled by inflated potency levels.

Furthermore, these new regulations also provide a level of assurance for consumers regarding the safety and quality of their cannabis products. With standardized testing methods, consumers can have confidence that what is listed on the product label is exactly what they are getting at the time of purchase.

We asked Josh Swider Co-Founder/CEO of Infinite Chemical Analysis Labs what his take was on this situation.

“With 2024 came the new potency and pre roll standardized method mandated by the DCC. Leading up to the implementation of the standardized method, many labs talked about a drop in THC numbers after the new year. What is the big difference between the DCC method and the old methods the labs were using? The answer is: absolutely nothing… unless a lab was intentionally elevating THC numbers to get clients. The DCC method, if properly performed, has great extraction efficiencies and can provide accurate results. The method would be a great starting point for a commercial laboratory with most labs starting with a similar method then optimizing different parameters from there.”

“Things that could be optimized would be solvent choice, sample preparation study to optimize time used for a sample, evaluating the need for standard spikes, extending a dynamic range to allow for a single injection, etc. Overall, the optimization would be focused on saving time and money (two things the DCC isn’t particularly interested in), which provides the cause for an increase in price. Running the standardized method vs an optimized one costs the labs about 3 times as much as their own in-house methods. When ICAL screened both the DCC method and ICAL’s previously approved method side-by-side with real flower samples, total THC had less than 1% relative standard deviation between the two methods.”

“How this implementation impacts the future for the industry is really a reset for THC inflation. Consumers should expect to see an average total THC in the low 20’s with a bell shaped curve meaning that many are below and many above with the further away from the average the less you would expect to see it.  If labs do not run the method appropriately, they are putting the producers at risk for recalls. The DCC now has the ability to collect flower and pre-rolls off the shelf, test the product, and provide an accurate result to compare against the lab’s results. If a lab continues to inflate THC numbers, it will be obvious to the DCC when conducting the studies. I’m sure you will hear people start talking about variance in THC levels in buds but this should be eliminated with proper sampling protocols that should be used by all labs.”

“Overall the DCC method removes a source of variability: their results should be able to be directly compared to the labs, and if the results differ significantly or consistently, consequences will arise. The DCC already knows rampant potency inflation is happening. An email was sent to all the labs in October of last year (see below for the whole email); the biggest take away for producers is this statement: “If confirmatory results do not coincide with your testing results, your testing results may be deemed inaccurate. This can cause the label on cannabis goods to be incorrect, thereby requiring relabeling. It may also lead to recall and/or embargo of the cannabis or cannabis products.”

He continued “Even if it is the lab that gets their license removed for lab fraud, the producers are the ones that might be paying the price right alongside with the lab. Having to remove all the product from a shelf and bring it back to a central distribution center then retest and relabel would be too costly given the thin margins the CA industry finds itself in today. Imagine if all of a single producer’s product on the shelf had to undergo re-testing and relabeling, the impact has the potential to put most companies out of business. Sure, you could point your finger at the lab and say it was their fault, but remember everyone had a chance to fix the problem starting in 2024. Any financial loss incurred by the producer in the event of a recall would likely not be able to be recouped through legal action against the labs, as the lab would likely be out of business.”

“Let’s be clear: in order to obtain the approval to run the DCC method, the labs only needed to check some boxes and show they could perform a verification of the method in-house. The approval does not guarantee that approved labs will always produce honest and accurate results. It is more important now than ever that producers choose labs based on accuracy, precision and the ability to do analytical chemistry, which is the role the labs are meant to fill. It’s time to stop focusing on total THC in flower and pre-rolls and instead focus on helping provide consumers with consistent, safe and interesting products they can enjoy.”

Overall, the implementation of standardized testing methods and operating procedures for dried flower and pre-rolls in California is a major step towards creating a fair and transparent cannabis market. By eliminating inflated THC numbers and providing accurate information on product labels, consumers can make informed decisions about the products they use or consume.

With these new regulations in place, there is now a level playing field for all licensed laboratories, ensuring that consumers receive safe and quality cannabis products. This is a major win for the industry and consumers alike, as it promotes honesty and transparency while building trust in the legal cannabis market.

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