California voters blazed the trail again.

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An investigation into the safety of cannabis products for sale on the shelves of licensed California pot dispensaries has revealed unsafe levels of pesticides that exceed state limits for marijuana or federal standards for tobacco products. The investigation, which was carried out by the Los Angeles Times in collaboration with cannabis news outlet WeedWeek, found that vapes and pre-rolled joints from some of California’s most popular legal weed brands were contaminated with chemicals that could cause illness or injury.

Most of the pesticides found during the investigation were present in low concentrations that risk long-term harm with repeated use of the contaminated products. However, some products tested had levels of pesticides that can potentially cause harm with a single use, particularly among susceptible individuals. Some individual products contained as many as two dozen pesticides, the investigation revealed.

“Twenty-five of 42 legal cannabis products that The Times and WeedWeek purchased from retail stores and had tested at private labs showed concentrations of pesticides either above levels the state allows or at levels that exceed federal standards for tobacco,” the Los Angeles Times wrote in its report on the investigation. “The contaminants include chemicals tied to cancer, liver failure, thyroid disease and genetic and neurologic harm to users and unborn children.”

The investigation determined that vapes from five popular cannabis brands contained pesticide levels that exceeded the U.S. Environmental Protection Agency standard for the risk of harm from a single exposure. Using such products could irritate the lungs, throat or eyes and cause other unwanted effects such as headaches, rashes, abdominal pain and diarrhea. 

The investigation’s findings are consistent with complaints filed by two independent cannabis testing laboratories over the last eight months to report contaminated products reported by other labs to be safe. According to the two labs, as many as 250,000 vapes and pre-rolls on cannabis dispensary shelves could be contaminated with pesticides.

The report notes that public records, lab testing results and interviews show that California regulators have largely failed to act on the reports of widespread contamination of cannabis products. After the complaints from the two independent labs, state regulators issued one product recall and removed three others from stores with an administrative order that remains confidential.

Josh Swider, the chief executive of Infinite Chemical Analysis Labs in San Diego, filed many of the complaints reporting the presence of pesticides in cannabis products that had been tested and certified as safe by other labs. After becoming frustrated that regulators were not doing more, he sent a summary of the complaints to California Governor Gavin Newsom and the state Department of Cannabis Control in December.

“Those failing products alone represented 150,000 packages of flower, vapes or pre-rolls for sale to unsuspecting consumers,” Swider wrote.

“The government’s responsibility does not end after writing regulation,” he added.

After Swider’s letter, regulators issued one additional product recall for pesticide contamination. The remaining products his lab identified as contaminated were allowed to remain on dispensary shelves.

None of California’s labs licensed to test cannabis products has been accredited to test for pesticides. The state also has no system in place for the routine testing of products on store shelves, despite a recommendation from the Cannabis Regulators Association for such testing.

“California is dropping the ball on enforcement where public health is concerned,” said cannabis researcher Cindy Orser, a former director of a private California cannabis testing lab.

California regulations require labs to test cannabis for 66 pesticides, a list that has not been updated since 2018 to reflect current practices in the cannabis industry. The investigation found seven pesticides not on the state list in cannabis products, despite information that the chemicals can cause harm including liver cancer and disruptions to the endocrine system. 

A vape from Stiiizy, California’s top-selling cannabis brand, contained more than 60 times the federal government’s maximum level set for cigarettes for the pesticide pymetrozine, a chemical banned by Canada, the United Kingdom and Norway. However, since the state does not require cannabis products to be tested for pymetrozine, the vape complies with California regulations.

“We adhere to all standards and limits set by the State of California, which has some of the strictest testing requirements and pesticide limits in the country,” Stiiizy President Tak Sato said in a statement emailed to the Los Angeles Times.

Regulators Decline To Respond To Investigation

The DCC declined to schedule an interview to respond to the investigation’s findings. The agency also refused to release records of internal and external communications or discussions of pesticide contamination. Additionally, the department declined to share information about its ability to test cannabis for contamination, citing the possibility that such information could be used by unscrupulous businesses determined to evade detection.

The agency refused to provide the results of pesticide tests performed by other state agencies and declined to provide safety certificates for cannabis products on dispensary shelves. The DCC also did not provide information on what action has been taken on the at least 85 complaints of contamination submitted to the agency or if any of the products had been removed from the market.

“When we receive complaints, we swiftly assess them, conduct appropriate investigations, and take appropriate action,” the agency’s press office said in an email to the Los Angeles Times.

The DCC is currently in the process of rolling out market tests for pesticides in California cannabis products. In a recent email to licensees, the agency warned cannabis companies that testing for pesticide contamination and enforcement of the state’s standards would be ramped up.

“In the coming weeks, the DCC is slated to bring additional testing capacity online to further bolster existing compliance actions and expand efforts to address pesticide contamination,” the agency wrote in its email.  These actions may include additional product embargos, voluntary and mandatory recalls, and disciplinary actions against licensees.”

Until the system is in place, however, there will still be no system for the routine safety testing of cannabis products once they make it to dispensary shelves.

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Over-the-counter hemp products in Mississippi are not what they appear to be, according to a Steep Hill Mississippi analysis.

Clarion Ledger reports that Steep Hill Mississippi President and co-founder Cliff Osbon said so-called hemp-derived products that were recently tested contain significant amounts of delta-9 THC and unsafe pesticides. He also said that the products would have failed the Mississippi Department of Health’s standards of medical cannabis as they contain pesticides.

Steep Hill Mississippi is a branch of Steep Hill—an industry leader in cannabis testing and analytics, located throughout the U.S. and Mexico

“On Nov. 27, I personally went around Rankin County (and) went to a number of gas stations and convenience stores and purchased products labeled they contained delta-9 THC, the primary ingredient in marijuana,” Osbon told the Clarion Ledger.

The products are labeled as hemp yet contain what is most likely potent cannabis.

“Reportedly these come from the hemp plant, not the marijuana plant, and remember as such they can have 0.3% THC,” Osbon said. “Our science team and their technicians tested these for potency, and we were staggered by the results we found.”

The 2018 Farm Bill legalized hemp at the federal level, and in doing so, lawmakers accidentally legalized psychoactive compounds like delta-8 THC that are derived from hemp. Only 0.3% of delta-9 THC on a dry-weight basis is allowed. But the products in Mississippi contain delta-9 THC, which isn’t legal in the state.

Lab technicians discovered some products had 30 to 40 times the amount of THC allowed under the Farm Bill. Some of the samples that were tested had 12-14% delta-9 THC, Osbon explained. They also found that some of the samples contain an assortment of banned pesticides such as bifenazate, myclobutanil, metalaxyl, malathion, chlorantraniliprole, diazinon, spinosad, and permethrins.

“We in no way want to encourage anyone who sees this information to go out and access those products because of their questionable safety,” he said. “While merchants may have been told that these products are safe, legal and tested and may have been told they are exempt from the Farm Bill, our testing results call that into question.”

Medical cannabis dispensary operators are on the same side and said these sketchy hemp products are a threat to lab-tested cannabis that patients depend on.

“These findings undermine patient access to safe and effective medicine, which in-turn undermines the entire medical marijuana program,” Williams said. “There are many Mississippians that have devoted their lives to supporting this program … it undermines their efforts as well.”

Mississippi’s Medical Cannabis Program

Mississippi hemp farmers recently pivoted from hemp to medical cannabis, High Times reported last March.

Also last March, Mississippi lawmakers approved a bill that makes changes to the state’s Medical Cannabis Act, the bill to legalize medical cannabis that was passed by the legislature in 2022. 

House Bill 1158 was signed by Gov. Tate Reeves on March 27, 2022. The bill makes clarifications to the state’s medical cannabis program, and it also includes language designed to prevent regulators from passing rules that do not comply with the state’s medical cannabis statute.

The bill makes investigations by state agencies, including citations issued by the Department of Health, confidential until an investigation into the matter has been completed. An earlier version of the bill kept such records out of public view indefinitely, but some senators argued that keeping such material off the public record for any length of time is not acceptable.

Medical cannabis sales launched on January 25, a little less than a year after Republican Gov. Tate Reeves signed a measure into law. 

“The ‘medical marijuana bill’ has consumed an enormous amount of space on the front pages of the legacy media outlets across Mississippi over the last three-plus years,” Reeves said in a statement that he posted on X, formerly known as Twitter. “There is no doubt that there are individuals in our state who could do significantly better if they had access to medically prescribed doses of cannabis. There are also those who really want a recreational marijuana program that could lead to more people smoking and less people working, with all of the societal and family ills that that brings.”

The medical cannabis bill was a source of intense disagreement within the Mississippi legislature, and between lawmakers and Reeves, who was adamant about imposing tight restrictions on any law that emerged.

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Recent research into the potential uses of hemp shows that cannabinoids produced by the plant could one day be the source of new natural pesticides, according to researchers at Cornell University in New York. The study by scientists at the School of Integrative Plant Science at Cornell AgriTech’s College of Agriculture and Life Sciences (CALS) found that a higher concentration of cannabinoids in the leaves of hemp plants showed less damage from chewing insects compared with leaves less rich in cannabinoids. 

The researchers hope that further study could build on these findings to eventually produce new natural insecticides, most likely for use on non-edible plants only. The potential for using the new pesticides on food crops seems unlikely at this point because of the pharmacological effects of cannabinoids including CBDA, THCA and GBGA, which can be converted to CBD, THC and CBG, respectively, with the addition of heat in a process known as decarboxylation. 

Larry Smart, a plant breeder and professor at CALS, says that researchers have studied the intoxicating and medicinal effects of cannabinoids, which are produced almost exclusively by cannabis plants, since the compounds were first identified decades ago. But little research has been conducted to determine exactly why cannabis plants first developed the more than 100 distinct substances.

“It has been speculated that they are defensive compounds, because they primarily accumulate in female flowers to protect seeds, which is a fairly common concept in plants,” said Smart, the senior author of the study, according to a report from Hemp Today.

“But no one has put together a comprehensive set of experimental results to show a direct relationship between the accumulation of these cannabinoids and their harmful effects on insects,” Smart continued. 

Cornell’s Hemp Breeding Program Launched in 2017

The research was conducted as part of Cornell’s hemp breeding program, which was launched by the Ivy League university in upstate New York in 2017. The program began its work by evaluating different commercially available hemp cultivars so recommendations could be made to farmers about which varieties are best suited to the local soil and climate. 

The researchers noticed that varieties of hemp sourced from a breeding program in Ukraine that did not produce cannabinoids were all highly susceptible to damage from Japanese beetles. Other hemp varietals that produce cannabinoids were not similarly prone to damage from the insects.

“In the absence of cannabinoids, we saw heavy insect damage, and in the presence of cannabinoids, we saw much less damage,” said Smart.

The researchers then isolated CBDA and CBGA for use in controlled insect feeding studies. THCA was not studied as part of the research because strict federal limits on THC in hemp crops prevent Cornell researchers from working with the compound.

The cannabinoid extracts were added to an artificial insect diet in varying concentrations. The researchers determined that insect larvae grew less and had lower rates of survival as the concentration of cannabinoids was increased.

“The study gives us insight into how cannabinoids function in natural systems, and can help us develop new THC-compliant hemp cultivars that maintain these natural built-in defenses against herbivores,” said George Stack, a postdoctoral researcher in Smart’s lab and one of the authors of the new study.

The researchers plan further investigation to determine if sap-sucking insects such as aphids are also adversely affected by cannabinoids. However, Stack noted that the research is hindered by the continued illegality of marijuana at the federal level.

“The potential use of cannabinoids as a pesticide is an exciting area for future research, but there will certainly be regulatory barriers due to pharmacological activity of the compounds, and more studies are needed to understand what pests cannabinoids will be effective against,” Stack said.

The study, “Cannabinoids Function in Defense Against Chewing Herbivores in Cannabis Sativa L.,” was published in October by the peer-reviewed journal Horticulture Research.

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An audit on the Massachusetts cannabis industry recently revealed that the Massachusetts Cannabis Control Commission (CCC) allowed millions in possibly unsafe cannabis products to be sold to consumers.

The audit report was published on Sept. 26 by state auditor Diana DiZoglio, with the goal of finding if the CCC was following state regulations for recreational cannabis products. The results included data from between Jan. 1, 2019 and Dec. 31, 2020, the report stated that $10,192,986 in cannabis products were sold to consumers. Many of the products were sold over one year after they were lab tested, well after the products were considered to be expired and would need to be retested for safety purposes.

Three primary findings were recorded in the audit summary: First, that the CCC “did not identify all products considered expired and prevent their sale to consumers before they were retested. Second, that it “did not ensure that marijuana establishments (MEs) and independent testing laboratories (ITLs) properly reported marijuana products that tested positive for pesticides.” And finally, the audit revealed that its employees haven’t received cyber security awareness training.

State law requires labs to report positive pesticide results within 72 hours, but the report explained that the CCC did not follow this rule. In one isolated example, one independent testing facility did not notify the CCC of a positive test result at all.

In a press release, the office of the state auditor recommended that the CCC “improve its processes and procedures, and based on their response to our audit, the CCC is taking appropriate measures to address the concerns noted in this area.”

A statement from DiZoglio explained that the CCC is already making plans for improvement. “According to the Commission’s responses, based on our audit findings, they are taking steps to implement changes and improve policies and procedures to reflect most of our recommendations,” DiZoglio said. “I appreciate the willingness to comply with our audit team and will be following up in the near future.”

Recently, CCC chairwoman Shannon O’Brien announced in July that executive director Shawn Collins would be stepping down from his position to take parental leave. O’Brien described the move as putting the CCC “in crisis.” She later apologized for the “angst” or “confusion” in her original statement.

Collins is the only CCC executive director that has been appointed so far. However, as of September, he confirmed that he has no “definitive plans” to leave. “I remain the executive director as of today,” he told the 22 News earlier in September. “It’s certainly a job that I enjoy quite a bit. It’s a very stimulating job, a lot of novel issues, the issues continue to evolve on a pretty regular basis. So something I still get a lot of energy from.”

For now, he is planning to continue in his role. “So I don’t know what the future holds for me, certainly, but I’m looking forward to clocking in on a daily basis and continuing to do the work alongside the folks that are here at the agency,” Collins said. “So that status hasn’t changed. I remain the executive director and have not resigned.”

When interviewed about leaving the CCC by the end of 2023, he commented that a succession plan for the CCC is necessary. “That would be something I’d want to talk about with the commission as a whole. Again, I think making sure there’s a plan in place for that succession is important. It’s something that commissioners have raised in public meetings throughout the last year,” Collins added. “At this point, there is no concrete plan for the end of the year.”

Massachusetts voters approved recreational cannabis in November 2016 with Question 4, and legal cultivation and possession began in December 2016. Sales took a bit longer to develop, and finally began in November 2018. Since then, cumulative cannabis sales have risen overall, as seen in the most recent sales data. As of Sept. 6, the CCC stated that Massachusetts has collected more than $5 million in gross cannabis sales. “Massachusetts continues to hit record sales even as other states have come online. In fact, our neighboring states Maine, Rhode Island, and Connecticut also had record sales this summer,” said Collins. “Demand for tested, quality cannabis products remains strong in the region, and consumers shopping in other states have not impacted Massachusetts’ success.”

According to Metrc, Massachusetts is home to “317 retailers, nine delivery couriers, eight delivery operators, [and] one microbusiness.” As of January this year, the CCC has approved licenses for 53 retail stores and four delivery operators.

Over the past five years, 16 cannabis companies either surrendered their licenses, let them expire, or had them revoked. “I would say, from a competitive standpoint, I would expect that to happen. It happens in all industries,” Collins said. “Is there a saturation point in certain areas of Massachusetts versus the entire commonwealth? Product competition and competition for shelf space. You know, at first it was, ‘what can I get my hands on?’ and now you’re starting to see some brands emerge.”

As of September 14, O’Brien was suddenly suspended from her role as CCC chair, having occupied the position for slightly more than a year. The decision was made by Massachusetts state treasurer Deborah Goldberg, but a reason has not yet been provided to news sources.

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Evidence mounts of untested cannabis as a vector for disease.

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A recent study published in the Journal of Cannabis Research found shocking evidence of the presence of pesticides in illegal versus legal cannabis from Canada.

In “High levels of pesticides found in illicit cannabis inflorescence compared to licensed samples in Canadian study using expanded 327 pesticides multiresidue method,” researchers compared 36 cannabis samples gathered from licensed dispensaries and 24 from illegal business (which was seized by law enforcement and submitted to Health Canada and lab tested in 2021).

Researchers tested the samples for traces of 327 different pesticides and found that many of the illegal cannabis samples contained harmful chemicals. “Pesticides were detected in 92% of Canadian illicit cannabis inflorescence samples with 23 unique pesticide active ingredients quantified,” research explained. “Four pesticides and synergists: myclobutanil, paclobutrazol, piperonyl butoxide, and pyrethrins, were detected at a high sample frequency rate, eight to 17 times in a total 24 illicit samples.”

They also noted that one illegal sample contained nine pesticide ingredients, but on average the illegal samples contained 3.7 different pesticides, with 87% containing more than one pesticide.

Researchers provided a table showing which pesticides were found between the licensed and illicit samples. Only 6% of the licensed samples tested positive for pesticides, which included just dichlobenil and myclobutanil.

The researchers discussed that the main objective of their study was to “streamline and expand our existing cannabis inflorescence method.” The process included the cannabis flower being homogenized in a laboratory blender, combined with a solvent called acetonitrile, and then is extracted with a device called a Geno-Grinder, centrifuged, and more, in order to obtain an inflorescence sample in a vial for testing. “This study demonstrates a new streamlined and expanded method for the detection of 327 pesticides in cannabis inflorescence via gas chromatography—triple quadruple mass spectroscopy and liquid chromatography—triple quadruple mass spectroscopy.”

Ultimately, they noted that studies of this nature are not yet common. “To the authors’ knowledge, this study is the only extensive pesticide multiresidue analysis that compares pesticides in the licensed and illicit cannabis markets in a nation-wide jurisdiction where cannabis has been legalized,” the study concluded. “Albeit being a small study, our results do support the Government of Canada messaging where ‘Consuming illegal products could lead to adverse effects and other serious harms. Testing of illegal cannabis has found contaminants like pesticides and unacceptable levels of bacteria, lead, and arsenic.’”

The stark differences between the safety of legal cannabis products and dangers of illicit cannabis in this study prove the efficacy of Canada’s cannabis industry. 

Back in October 2019, a nonprofit organization called Beyond Pesticides sent a letter to congress calling representatives to protect the public from harmful pesticides in cannabis. “Pesticide use on marijuana is illegal. Because marijuana is not a legal agricultural crop under relevant federal law (Federal Insecticide, Fungicide, and Rodenticide Act) and hemp has only recently been legalized, EPA has not evaluated the safety of any pesticide on marijuana plants. EPA has established no allowances for pesticide use in cannabis production, and no tolerances, nor any exemptions from tolerances, for pesticide residues on cannabis,” Beyond Pesticides wrote. “In the absence of federal regulations governing pesticides in cannabis production, the use of pesticides not registered by EPA is illegal.”

Beyond Pesticides also published a more recent article about the past and modern pesticide issues with cannabis, recommending that a precautionary approach be adopted by states in order to protect consumers. “Given the absence of federal testing for pesticide effects on cannabis consumers, producers, and the environment, states should establish rules for sustainable production practices that safeguard public health and the environment,” the organization said. “Beyond Pesticides recommends a systems-level approach to cannabis production, mandating compliance with national organic standards.”

Back in September 2019, 1,000 people became sick and 18 people died of a then-mysterious vaping illness. Ultimately the Centers for Disease Control and Prevention (CDC) announced the culprit to be Vitamin E Acetate in e-cigarette and vaping products, which EVALI (e-cigarette or vaping product-use associated lung injury). Although Vitamin E Acetate is considered to be safe when taken orally or topically, inhaling it can coat the lungs and lead to issues with breathing among other concerns. The events of this crisis greatly increased awareness regarding ingredients for inhaled products (both cannabis and non-cannabis related).

Cannabis products have also previously been recalled due to unsafe levels of mold. In November 2022, Colorado regulators issued a safety advisory regarding tainted product batches.  Earlier this year in January, the Nevada Cannabis Compliance Board issued a public safety announcement regarding the use of an unapproved pesticide called Ethephon on cannabis products. The affected products included an estimated 117 edibles, 41 pre-rolls, and more than 200 concentrates were sold at 104 dispensaries.

Earlier this year in February, Vermont legislators announced a recall for cannabis grown with Eagle 20, which was reportedly causing headaches and nausea in consumers.

As policy around pesticides continues to develop, these examples stress the importance of education about pesticides and other substances used in the growth or production of cannabis products. It’s always a safe bet to obtain a certification of analysis from a cannabis company or business to verify that your product has been properly tested.

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The Nevada Cannabis Compliance Board (CCB) recently issued a public health and safety bulletin on Jan. 19 regarding the use of an unapproved pesticide. “The CCB was notified that the following cannabis and cannabis products had been treated with an unapproved pesticide, Ethephon, at Clark Natural Medicinal Solutions, LLC,” the CCB explained in its bulletin.

Currently, there are no illnesses reported, according to the bulletin.

The pesticide was applied sometime between July 23, 2021 and Jan. 5, 2023, and the CCB instructs consumers to check the labels of the cannabis they purchased (which includes flower, shake or trim, and pre-rolls). “All cannabis products properly sold by a licensed cannabis sales facility should have a product label on the packaging,” the CCB wrote. “The name of the cultivation facility which grew the cannabis and the harvest date can be found on the label, typically near the top.”

The CCB also put together a list of products that may have been affected by the pesticide, including more than 117 edibles, 41 infused pre-rolls, and more than 200 concentrates, sold at 104 dispensaries.

According to the U.S. Environmental Protection Agency, Ethephon was discovered in 1965 and registered as a pesticide in 1973. “Ethephon is a plant growth regulator used to promote fruit ripening, abscission, flower induction, and other responses,” the EPA states. “Ethephon is registered for use on a number of food, feed and nonfood crops, greenhouse nursery stock, and outdoor residential ornamental plants, but is used primarily on cotton. Formulations include formulation intermediates and soluble concentrates/liquids.”

The EPA also states that Ethephon can potentially cause severe skin and eye irritation “but otherwise is “moderately acutely toxic.”

The CCB also stated that testing facilities do not currently test for Ethephon specifically. “There is no reason to believe the cannabis sales facilities or cannabis testing facilities had any knowledge of the use of this unapproved pesticide; Ethephon is not on the list of pesticides the testing facilities must look for, and their test methods are not set up for detection of Ethephon.”

According to the Nevada Department of Agriculture, updated as of August 2022, there are 86 pesticides that are not legally prohibited to be used on cannabis plants. This varies from minimum risk ingredients such as cinnamon, garlic oil, or zinc metal strips to registered pesticides, such as myclobutanil, where “tolerance is monitored.”

Previously, the CCB has only issued a few safety bulletins such as this one. One bulletin was issued in 2020, which addressed failed microbial testing. Three were issued in 2021, involving more failed microbial testing, incorrect THC potency testing, and products that were unable to be verified as tested. Two bulletins were issued in 2022, pertaining to unverifiable testing and mislabeled products.

In addition to these bulletins, the CCB awarded the final licenses for consumption lounges in Nevada in December 2022, half of which were designated for social equity applicants. Funding for consumption lounges were initially approved in August 2021, with regulations approved by legislators in June 2022, such as safety protocols, staff training, and location restrictions. Now, consumption lounges are “likely to open before Summer 2023,” states the CCB.

One judge issued a ruling last year asking that cannabis be removed from the Schedule 1 category of the Controlled Substances Act. In September 2022, Judge Joe Hardy ordered the Nevada Board of Pharmacy to remove cannabis from its current schedule designation, because cannabis has been recognized in the Nevada constitution as having medical value. “The constitutional right to use marijuana upon the advice of a physician does establish that marijuana has an accepted medical use and treatment in the United States,” said Hardy.

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Growing green doesn’t mean you’re being environmentally-friendly. Learn how to make cannabis more sustainable with these ecological tips.

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Here’s which ones to watch out for.

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