A majority of cannabis flower products purchased at licensed retail pot shops in Colorado contained less THC than indicated on the label, according to a study performed by a researcher at the University of Colorado Boulder. The study showed that THC levels indicated on the label of approximately 70% of products tested were at least 15% higher than those reported by a third-party lab after purchase.

The research was conducted by Anna Schwabe, an associate lecture professor of modern cannabis science at the University of Colorado Boulder. To complete the study, Scwabe collected 23 cannabis flower samples from 10 licensed dispensaries located across the northern Colorado Front Range, which includes the cities of Denver, Fort Collins and Garden City. 

The samples represented 12 different cannabis strains including sativas, indicas and hybrids, with different THC potency levels reported on the product packaging. Some THC potency levels were reported as a range from 12.8%-19.3% on the lower end and 28.07%-31.28% on the higher limit, while others were reported as a single value such as 16.4% or 17.4%.

After the samples were collected, they were sent to an independent laboratory for analysis using high-performance liquid chromatography (HPLC), which separates, identifies and quantifies the different chemical compounds contained in a mixture. HPLC is the most commonly used method in cannabis testing to determine cannabis potency and detect contaminants, making it an important tool to ensure consumers that products have been tested for safety, purity and potency.

A comparison of lab testing results revealed that approximately 70% of the samples had reported THC levels that were at least 15% higher than the levels determined by the independent laboratory.

“Among the 23 flower samples analyzed, 18 displayed lower THC levels than reported – with 16 falling below 15% of the stated value, 13 falling below 30% of the reported THC and three samples falling below half of the reported THC,” Schwabe wrote in a report about the research published by nonprofit news source The Conversation

Four of the samples were within the range indicated on the label, while only one product contained more THC than the potency level reported on the packaging. 

Schwabe noted that the lower THC values determined through independent lab testing were not due to degradation, adding that THC can degrade to the cannabinoid CBN (cannabinol) over time. However, CBN was not detected in measurable amounts in the samples, and additional testing showed that THC levels were stable over time.

The research also revealed a significant increase in cannabis potency over the last 15 years, a period that includes the 2014 legalization of recreational cannabis in Colorado.

“THC levels averaged 9.75% back in 2009, based on testing of DEA-seized cannabis flower. Today, levels reportedly surpass 35%, though they’re not as common as consumers have been led to believe,” Schwabe wrote in her report. “DEA-seized cannabis flower averaged 13.88% in 2019, which is closer to my observed mean of 14.98% than the reported mean of my samples, which was 20.27%-24.10%.”

The research did not determine who is responsible for the misinformation found in reported cannabis potency levels. Cannabis cultivators or dispensaries could be selecting the best flowers to submit for laboratory testing. Although regulations require tests to be performed on a random sample of a batch of cannabis flowers, oversight to enforce the guidelines is lacking.

The inaccuracy in cannabis potency labeling could also be the result of fraud. Cannabis testing labs could be manipulating the testing process or doctoring the numbers indicated on certificates of analysis to ensure repeat business or gain new clients, the author of the study noted.

Schwabe noted that accurate lab testing of cannabis potency is important for medical marijuana patients who may want to carefully control their dose of THC. Proper potency testing is also significant for consumers who purchase recreational weed because companies can charge higher prices for cannabis with high levels of THC.

Schwabe, who is also a board member for the nonprofit Agricultural Genomics Foundation, said that the cannabis industry should focus on educating “consumers on how to make more informed choices by looking beyond mere THC percentages.” 

“People generally do not shop for wine or beer based on alcohol content,” the researcher wrote. “Instead of focusing on THC content, a novice cannabis consumer might consider brands that are reputable or strains that have an aroma or flavor profile they enjoy. Eventually, they may move on to find a favorite breeder or grower, or a trusted dispensary that employs a knowledgeable budtender.”

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Questions arise after Michigan regulators filed formal complaints against one of the state’s top cannabis testing laboratories last month. Cannabis that tests over 28% THC, and at times over 40%, is subject for an automatic audit, and regulators say the lab results aren’t adding up.

Formal complaints were filed by the Michigan Cannabis Regulatory Agency (CRA) in May against Viridis Laboratories, one of the leading lab testing companies in the state, but the lab is in turn firing back with its own countersuit. The CRA noted discrepancies in Viridis Laboratories lab results since December 2020, according to formal complaints the CRA filed on May 19.

Often consumers question the THC content found in lab results, however THC level alone is not a reliable indicator of potency in all cases. Conversely, there is enormous pressure to drive up THC levels across the board as it is one of the biggest drivers of cannabis sales.

“Potency inflation is an ongoing, longstanding, widely known issue across cannabis in the U.S. right now in legal markets … ” Lev Spivak-Birndorf, founder and chief science officer for Ann Arbor-based PSI Labs, told MLive. “I call it the cycle of potency inflation: people want high potency, so then stores are under pressure to try and deliver that … and that drives growers to seek labs that give the highest results, and thus, we have this rampant lab shopping that we have going on.”

Per CRA policy, agents will audit results for any flower that tests over 28% THC. And according to the complaints, Viridis samples hit this range 8.9% of the time, which is reportedly higher than most labs across the state.

Viridis was also subject to the largest cannabis recall in the state’s history. The MRA recalled an estimated 64,000 pounds of cannabis valued at almost $230 million on Nov. 17, 2021, based on court filings. However, later, Michigan Court of Claims Judge Christopher M. Murray lifted the recall for a major fraction of the cannabis that was recalled.

But Viridis filed its own formal complaint against the CRA in the state’s administrative court, while litigation is ongoing. The Michigan Chamber of Commerce backed up Viridis by filing an amicus brief in support of Viridis that said the CRA recall “unconstitutionally exceeds the scope of the agency’s legislatively approved mandate.”

Viridis officials say the claims are “meritless” and that they’re targeted because the CRA wants a more even playing field with the limited number of testing laboratories.

“These CRA allegations against Viridis are from last August and continue to be baseless, meritless and totally detached from science, facts and data,” Viridis CEO Greg Michaud said.

“We intend to defend our business against these false claims during the court process and show the vindictive and retaliatory nature of the CRA’s actions which are clearly designed to cause maximum disruption and damage.

“Court-ordered proficiency test results that Viridis is in possession of, which the CRA had been withholding, will directly contradict these findings, and we’re confident the truth will prevail when all facts come to light. We hope these legal proceedings will pave the way for more transparency, accountability, and reforms at the CRA. Our hope is that the CRA can one day fulfill its true mission of promoting patient and product safety instead of unfairly targeting Michigan businesses trying to grow, compete and create jobs.”

MLive pointed out one instance when a purported 40% THC sample was challenged. A dispensary was displaying flower with over 50% total cannabinoids and 40.3% THC. The Spott, a licensed safety compliance lab in Kalamazoo, ran its own test and reached a very different outcome. According to the Spott, the flower contained about 26.4% THC, compared to the 40.3% that the label claims.

Both cases of litigation are ongoing.

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