The primary THC metabolite that lingers in urine and blood is likely still active and as potent as THC, if not more, new data suggests. The new findings present more questions than answers.

According to data from a study published June 10 in The Journal of Pharmacology and Experimental Therapeutics, the cannabis metabolite 11-hydroxy-THC (11-OH-THC) has psychoactive properties that are equal to or greater than those of THC (delta-9 THC).

The study, “The intoxication equivalency of 11-hydroxy-delta-9-tetrahydrocannabinol (11-OH-THC) relative to delta-9-tetrahydrocannabinol,” demonstrates how THC metabolites remain active. THC breaks down as it’s decarboxylated and processed in the body, creating new and interesting compounds.

“In this study we establish that the primary metabolite of THC—11-OH-THC—displays equal or greater activity than THC in a mouse model of cannabinoid activity when directly administered and even when accounting for route of administration, sex, pharmacokinetic, and pharmacodynamic differences,” the study reads. “These data provide critical insight into the bioactivity of THC metabolites that will inform the interpretation of future cannabinoid research and represent a model for how THC consumption and metabolism may affect cannabis use in humans.”

The study was completed by Canadian researchers in Saskatchewan, including Ayat Zagzoog, Kenzie Halter, Alayna M Jones, Nicole Bannatyne, Joshua Cline, Alexis Wilcox, Anna-Maria Smolyakova, and Robert B Laprairie. Researchers observed male rats and injected them with 11-hydroxy-THC. They observed the effects of the THC metabolite versus its parent compound delta-9 THC.

Researchers continued, writing “these data suggest that 11-OH-THC was 153% as active as THC in the tail-flick test of nociception, and 78% as active as THC for catalepsy. Therefore, 11-OH-THC displayed equal or greater activity than the parent compound THC, even when accounting for PK differences. Thus, the THC metabolite 11-OH-THC likely plays a critical role in the bioactivity of cannabis; understanding its activity when administered directly will aid in the interpretation of future animal and human studies.”

NORML reports that 11-hydroxy-THC is one of two primary metabolites formed following cannabis consumption, along with 11-nor-9-carboxy-THC, which is not psychoactive and may linger in the bloodstream or urine for long periods of time.

According to the Centers for Disease Control and Prevention (CDC), dating back to the 1980s, urine tests are primarily based on detection of 11-nor-delta-9-tetrahydrocannabinol-9-carboxylic acid (9-carboxy-THC), a metabolite of delta-9-THC, which is the primary active component of pot.

Greater quantities of 11-hydroxy-THC are produced when edibles are eaten than by smoking cannabis flower, even though smoking cannabis kicks in faster than edibles. NORML reports that this is actually one the reasons why cannabis-infused edibles can become more psychoactive and create chaos for the unprepared.

THC Metabolites and Drug Testing

Evidence shows how cannabis can impact you differently, depending on the delivery route. A 2021 study published in The Permanent Journal shows how and why edibles can hit harder than smoking, due to the way 11-OH-THC is metabolized. 

“The bioavailability of inhaled THC is 10% to 35%,” researchers wrote. “After THC is absorbed, it travels to the liver where most of it is eliminated or metabolized to 11-OH-THC or 11-COOH-THC. The remaining THC and its metabolites enter the circulation. The bioavailability of ingested THC is only 4% to 12%. THC is highly lipid soluble and is therefore rapidly taken up by fat tissue. The plasma half-life of THC is 1 to 3 days in occasional users and 5 to 13 days in chronic users.”

Studies have shown THC metabolites like 11-OH-THC can linger in blood and urine long after the psychoactive effects of cannabis have worn off. This throws a wrench into the normal ways of testing drivers and athletes for impairment.

Researchers in Australia, for instance, have been determining the window that cannabis can impair driving performance. In one case, Thomas R. Arkell, Danielle McCartney, Iain S. McGregor, who are associated with The Lambert Initiative at the University of Sydney, studied the impact of cannabis on driving ability.

They determined that cannabis can impair driving ability in the hours immediately after smoking, but the impairment ends well before THC metabolites are flushed from the bloodstream, which linger for weeks or months after consuming cannabis.

“Patients using THC-containing products should avoid driving and other safety-sensitive tasks (e.g. operating machinery), particularly during initiation of treatment and in the hours immediately following each dose,” the authors wrote. “Patients may test positive for THC even if they do not feel impaired, and medical cannabis use does not currently exempt patients from mobile (roadside) drug testing and associated legal sanctions.”

The new findings about 11-OH-THC suggest more is to be learned about how THC metabolites affect us. More research is needed to understand the compounds more clearly.

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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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The median reported potency of regulated weed in California has been steadily dropping over the past six months, according to a report from Bay Area news source SFGate. The drop in potency, which includes a decline of 7% in just the past three months, coincides with the recent implementation of new state regulations governing how the potency of cannabis flower is determined by testing labs in the state.

According to information from cannabis market data analytics firm Headset shared with SFGate, the median potency of cannabis flower tested in California was 30.7% in December. The data, which is based on more than 90,000 potency test results from the state, also shows that the median potency for cannabis flower had declined to about 28.5% by March 1, a decrease of about 7% in just three months.

Reported cannabis potency has long been a point of contention in California’s cannabis industry. Cannabis flower that shows higher levels of THC in lab testing results is more desirable to many consumers and thus more valuable. As a result, reported median cannabis potency levels have steadily risen in California, with some retail offerings listing THC potency exceeding 30% or even higher in some cases.

The drop in the median potency of California came as new regulations for a standardized cannabinoids test method and standardized operating procedures for the testing of dried cannabis flower and non-infused pre-rolls were implemented in the state in January. The rules were adopted by the California Department of Cannabis Control (DCC) in 2022 after legislation mandating the regulations was passed by state lawmakers the year before.

DCC officials noted that the legislature passed the law for the new testing regulations over concerns of cannabis potency inflation and reports of “lab shopping” by businesses in the industry attempting to show test results higher than what is actually contained in the cannabis flower or product.

“One of the challenges we face in regulating an industry that is not federally recognized, is the lack of standardized, and validated methods for testing,” DCC Director Nicole Elliott said at the time in a statement from the regulatory agency. “Individual, licensed laboratories use different methods which may produce inconsistent results and inaccurate data on cannabis cannabinoid content. DCC is working to change that so there is greater integrity in the market, accurate information for consumers, and confidence among stakeholders.”

When the new rules for testing cannabis flower potency went into effect at the beginning of the year, the DCC reported that only 18 labs had taken the steps to be compliant with the new regulations, leading to a shutdown of flower testing at the remaining labs. Since then, the number has increased by nearly half, with 26 labs now demonstrating compliance, according to the latest data from the department.

Zach Eisenberg, a vice president at San Francisco licensed testing lab Anresco Laboratories, said that the drop in the median reported potency of cannabis flower in California appears to be a sign that the new rules are beginning to have an effect.

“We certainly heard from customers and potential customers that they’re seeing potency values dropping at other laboratories,” Eisenberg told SFGate. “Some labs were even proactively saying, ‘Be prepared for our results to be lower after this change.’”

Eisenberg added that the drop in median potency is likely not caused by any change in the products. Instead, he believes that test results are now a more accurate indication of the reality of cannabis potency in California.

“I highly doubt anything has changed in terms of the actual composition of the cannabis products,” Eisenberg said.

Andrea Golan, an attorney at the Los Angeles office of cannabis law practice Vicente LLP and a member of the firm’s Regulatory Compliance and Hemp and Cannabinoids Departments, agrees, saying that it is “unlikely California cannabis is ‘suddenly getting weaker’ as the SFGate headline implies.”

“For years, the efficacy of cannabis lab test results has been widely discussed across the California cannabis industry due to inflated potency test results and inconsistencies in results due to labs using different methodologies for testing cannabis,” Golan writes in an email to High Times about the regulations that went into effect on January 1. 

“The change in law ends the practice of shopping for labs with less strict testing methods in order to inflate THC content,” Golan added. “Therefore, rather than cannabis getting weaker, recent changes may now provide a more accurate reflection of true potency.”

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An Iowa legislative panel this week approved a bill that sets limits on consumable hemp products sold in the state. The measure, House Study Bill 665, was approved on Wednesday by the House Public Safety Subcommittee by a vote of 2-0. 

The bill, which was submitted to the state legislature by the Iowa Department of Public Safety (DPS), gives the state Department of Health and Human Services (HHS) the authority to regulate consumable hemp products. Under the measure, HHS can set cannabinoid potency limits on hemp products and set rules for their distribution and sale. The legislation also limits sales of consumable hemp products to adults aged 21 and older and sets criminal penalties for those who sell or give such products to minors.

Hemp products were legalized federally by the 2018 Farm Bill, followed by the legalization of the crop in 2019 by the Iowa Hemp Act. But neither law sets quality standards for consumable hemp products or includes provisions to regulate their production, distribution and sale.

The lack of regulation has led to a nationwide proliferation of hemp-derived products with intoxicating cannabinoids including Delta 8 and Delta 9 THC, among others. In Iowa, state lawmakers say they thought that such products were prohibited by the Farm Bill and the Iowa Hemp Act.

“We thought we were dealing with the intoxicating aspect, only to find out that there are ways to get around that,” Rep. Steve Holt told The Gazette. “So it’s sort of the wild, wild west out there in a lot of ways, with THC-infused drinks being able to be served to minors, a lot of other things going on that are not acceptable.”

Josie Wagler, the Department of Public Safety’s legislative liaison, said that the wide availability of intoxicating hemp products in Iowa made it necessary for the department to develop a regulatory proposal.

“We’ve seen an emergence of high potency, high-THC products hit the market,” Wagler said. “And coupled with that, there are no age restrictions for purchasing these products. So really the purpose is to get at that, and to give HHS and law enforcement some additional tools to help regulate these highly intoxicating products.”

The bill is supported by mental health advocates including Leslie Carpenter, the co-founder of Iowa Mental Health Advocacy, who told lawmakers that high-potency THC products pose the risk of serious mental consequences such as psychosis, especially when they are used by young people.

“I fully support medical marijuana,” Carpenter said during a House subcommittee hearing on Wednesday, according to a report from Radio Iowa. “It’s the high potency THC products and that currently a child can walk into a store and purchase them that makes me very concerned.”

Business Owners Oppose Legislation

Business owners in Iowa’s hemp industry oppose House Study Bill 665, saying the legislation goes too far. Scott Booher, the operator of Four Winds Farms, said that his business grows hemp for CBD and CBG, a cannabinoid that many people use to help with chronic pain, anxiety and sleep. He said he has many customers who buy these products for their children, but the bill advanced on Wednesday would make such use a criminal offense.

“Let’s look at what needs to be taken care of instead of just sweeping everybody under the rug,” Booher told lawmakers at the hearing. “We have patients that are kids, we have parents that buy our hemp products for their children. For ADD, for behavioral problems.”

Licensed hemp grower Tyson Allchin called out legislators for changing the standards regulating hemp and medical marijuana production. He believes he is the first Iowa grower to produce a hemp product that meets the standards for human consumption.

“My flower was packaged and labeled as a food-grade ingredient, lessons on infusion and extraction for personal use had been planned out and promoted, and HHS approved it on January 31,” Allchin told Iowa Capitol Dispatch. 

“And six days later, this bill attempts to ban it. I’ve exceeded state requirements, requirements which exceed federal guidelines,” Allchin added. “I’ve done everything required of me, and the state (is) continuously changing my goal. How can small farms ever get established when the state keeps moving our goal line?”

Booher said that he agrees that some hemp producers are selling intoxicating products that are not in line with the spirit of hemp legalization laws. But the bill advanced by lawmakers on Wednesday conflates businesses like his that produce non-psychoactive products with bad actors in the industry.

“Some of these people who are creating high THC products need to be held accountable in a different way,” Booher said, “maybe not with people who have low THC products.”

Representative Phil Thompson said he appreciates that many people are “willing to admit there are bad actors” and that he understands the frustration of business owners who are following the rules in place.

“But this is an important conversation to advance,” Thompson said. “I appreciate DPS on working on this and bring forth some guidelines on regulating this.”

The legislation has now been referred to the full House Committee on Public Safety for further consideration.

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In 1996, California was the first state to legalize medical marijuana. Following this, 40 states along with the District of Columbia have legalized the medical application of cannabis. Additionally, the District of Columbia and 24 states have allowed cannabis for recreational or adult-use (although four have yet to launch their commercial retail markets). In all of these instances, as with alcohol, the age allowed to use cannabis is 21. But in Washington, there’s a bill that specifically proposes raising the minimum legal sale age for cannabis products with more than 35% THC concentration to 25 years, with an exemption for qualified patients and designated medical providers.

House Bill 2320, addressing “high-THC cannabis products,” was introduced in the Washington state House Committee on Regulated Substances and Gaming by Representatives Lauren Davis, D-Shoreline, and Tom Dent, R-Moses Lake, on January 11, with a public hearing on January 16. They argue that high-THC cannabis products present both physical and mental risks that need to be addressed.

“Today, there’s no legal limit on the potency of the psychoactive element, THC, in cannabis concentrates,” Davis said. “Cannabis vape oils, dabs, and shatter are regularly sold with a THC potency of nearly 100 percent—a ten-fold increase in potency from when cannabis was legalized in 2012. These concentrated products are different. And dangerous,” KOIN 06 reports.

“The cannabis industry has changed considerably since cannabis was legalized,” Dent said. “This legislation is needed to address the everchanging market and put some measures in place to protect cannabis users and our youth.”

As Cannabis Business Times reports, back in November of 2012 Washington, along with Colorado, became the inaugural states to legalize cannabis for adult use. Starting in 2014, both states initiated sales of adult-use cannabis for individuals aged 21 and over. Since then, an additional 18 states have adopted similar legislation. But if the bill passes, that age will rise to 25. Numerous advocates for legalization in the U.S. argue that the age limit for cannabis sales should align with that of alcohol sales. However, legislators in various state governments, holding more conservative views, have advocated raising the cannabis age limit to 25 years. They justify this by citing that human brain development continues up to that age. 

While the brain ceases growing in size by your early teens, it doesn’t complete its development and maturation until the mid-to-late 20s. The prefrontal cortex (located behind the forehead) is among the last regions to fully mature. It plays a key role in abilities such as planning, prioritizing, and decision-making. There is some evidence that cannabis can alter the teenage brain, and that one should wait until adulthood to enjoy the substance. However, simply looking at human nature, or how little current prohibition—or to compare, even the drinking age—actually halts consumption, the bill aimed at raising the age of allowed cannabis use from 21 to 25 is somewhat absurd because it won’t change a damn thing other than further stifle legal markets. 

The bill’s sponsors argue that their reasoning is backed by the work of scientists from Washington State University and the University of Washington, based on a November 2020 report on “Cannabis Concentration and Health Risks.”

The paper states that: “Use of cannabis with high THC concentration increases the chances of developing cannabis use disorder or addiction to cannabis, particularly among adolescents,” according to the university researchers. “Daily cannabis use, particularly of high potency products, increases the risk of developing a psychotic disorder, like schizophrenia, and is related to an earlier onset of symptoms compared to people who do not use cannabis.”

While such language is included in the bill, David and Dent kept out the part that such evidence is talking about the effects of THC on those between the ages of 14 and 19, not 21 to 25, the age of adults that would be affected by the bill if it passes. 

The bill would also require Washington’s Department of Health to create voluntary training programs for retail cannabis staff on potential health and safety affects and requires the University of Washington’s Addictions, Drug & Alcohol Institute (ADAI) to put into effect guidelines for healthcare providers and patients deemed “at risk of severe complications from cannabis use.” 

Another day, another expensive, red-taped-riddled waste of taxpayer money created by fudging with science that could otherwise be useful. 

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Florida Representative Ralph Massullo introduced House Bill 1269 on Jan. 5, which received its first reading on Jan. 9. If passed, the bill would implement limitations on potency in cannabis products specifically if adult-use cannabis is legalized.

The bill proposes strict limitations for smoking products, concentrates, and edibles. “Marijuana for personal use may not have a tetrahydrocannabinol potency, by weight or volume, of greater than 10% for marijuana in a form for smoking or greater than 60% in the final product for all other forms of marijuana, excluding edibles,” the original filed version states. “Edibles for personal use may not contain more than 200 milligrams of tetrahydrocannabinol and a single serving portion of an edible may not exceed 10 milligrams of tetrahydrocannabinol.”

In comparison to other state potency limitations, Massullo’s potency percentages are much lower. Also, the definition of “potency” within the HB-1269 text is complicated, described as “…the relative strength of cannabinoids, and the total amount, in milligrams, of tetrahydrocannabinol as the sum of delta-9-tetrahydrocannabinol, plus 0.877 multiplied by tetrahydrocannabinolic acid, plus delta-8-tetrahydrocannabinol and cannabidiol as the sum of cannabidiol, plus 0.877 multiplied by cannabidiolic acid in the final product dispensed to a patient or caregiver.”

There are a few other proposed bills for the Florida 2024 legislative session. House Bill 1435 would create “Registry Identification Cards” for military veterans. House Bill 1497 would exempt specific applicants from medical cannabis treatment center licenses. Senate Bill 94 proposes reduced penalties for a person possessing 20 grams of cannabis or less for the first three violations. Senate Bill 166 would create protections for medical cannabis patients if they are public employees.

Massullo anticipates that adult-use legalization is right around the corner for Florida, especially with the 2024 ballot later this year. One initiative, Smart & Safe Florida, announced in June 2023 that it had gathered enough signatures to qualify for the ballot this year.

The campaign’s primary funding comes from multistate operation Trulieve. According to a statement by Trulieve CEO Kim Rivers, expressed the company’s dedication to consumers. “Our investment demonstrates our firm belief that Floridians are ready to experience the freedom to use cannabis for personal consumption; a freedom which is currently enjoyed by more than half of America’s adults,” Rivers said. “With over 965,000 validated signatures from nearly every part of our state, it is clear these voters share that belief. We are thrilled the campaign has made this milestone and look forward to seeing this initiative on the ballot next November.”

However, Florida Attorney General Ashley Moody challenged the initiative just after the initiative gathered enough signatures. “We want to restate the fact that the petition language for this measure—which garnered over a million signatures from Florida voters—was drafted very conservatively and with the guidance of this very court,” Smart & Safe Florida stated in October 2023. “We anticipate that the court will stick to its deferential standard of review and will agree that the language strictly adheres to the law and the Florida constitution and will give the voters the opportunity to vote on this subject.”

In November 2023, oral arguments were made by the Florida Supreme Court. In response, Smart & Safe Florida released a statement about the hearing. “We believe that after today’s oral arguments, it is clear that the language was drafted to conform to the roadmap that the Court itself has provided in prior cases,” the organization wrote. “We hope that the Court agrees that the language strictly adheres to the law and will allow the citizens of Florida to exercise their sovereign right to decide whether to amend their constitution.” So far, no more progress has been made on the case, and the future of Smart & Safe Florida’s initiative is uncertain.

According to data provided by the University of North Florida’s Public Opinion Research Lab, 67% of poll participants said they would support adult-use cannabis in Florida, while only 28% said they would vote no, and 5% said they didn’t know, or declined to answer the question.

Recently, a different cannabis-related 2024 ballot initiative that would have allowed medical cannabis patients to grow their own cannabis at home was recently ended. In late December 2023, activists from a group called Wise and Free announced that they had withdrawn the initiative due to not collecting enough signatures. “The legislators keep making it harder for us to pass constitutional amendments so that giant conglomerates and large corporations are able to accomplish what they want, but we’re not,” said advocate Moriah Barnhart.

The initiative required 900,000 signatures, but the group also lacked necessary funding to properly manage the campaign. “When we could foresee being charged for late petitions in the millions, I couldn’t risk being personally accountable for those fees—especially since donations weren’t coming in to match the expenditures, much less additional costs,” Barnhart continued. “Now, billion-dollar companies and conglomerates are the only people who can have a say in Florida law.”

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The Minnesota Department of Health has issued a bulletin warning consumers that retailers are selling unregulated and illegal cannabis products that exceed the state’s limit for THC. Minnesota legalized recreational marijuana earlier this year, but state-licensed cannabis dispensaries are not expected to open for at least a year, perhaps not until early 2025.

In its bulletin, the health department noted that the agency inspected 167 retailers offering hemp-derived cannabinoid products between August and November and found that more than one in three (39%) of the shops were selling illegal high-potency products. Under Minnesota law, hemp edibles and beverages sold in the state must not exceed 5 milligrams of THC per serving and no more than 50 milligrams per package.

“Illegal, high-dose hemp-derived products may contain hundreds of milligrams of THC per serving, and with multiple servings in a package, this can add up to thousands of milligrams of THC — far above the legal limit,” the health department wrote in a bulletin last week. “These products are produced by a variety of manufacturers and if consumed may lead to adverse health effects, such as becoming unresponsive, seizures or psychotic episodes.”

Garry Bowman, a spokesman for the Department of Health, added that more than 70% of the retailers inspected had “deficiencies of one kind or another,” such as incorrect labeling or product placement, according to a report from the Star Tribune.

Until earlier this year, Minnesota’s hemp-derived cannabinoid product market was unregulated, with many retailers throughout the state selling untested and potentially harmful products. This summer, however, the Department of Health was given the authority to inspect businesses and products to ensure compliance with testing requirements, dosage limits, packaging laws and other regulations. 

The Minnesota Department of Revenue reported that it collected nearly $3.4 million in taxes on cannabis products between July and October. The figure translates to about $34 million in hemp products sold during those four months, putting Minnesota on track to sell more than $100 million in hemp THC edibles and beverages annually. 

The inspections of retailers carrying hemp products are being carried out by the Office of Medical Cannabis, a new state agency that is part of the Department of Health. Chris Elvrum, the assistant director of the office, said that he was not surprised when he learned that so many of the state’s retailers were selling high-potency hemp products.

“I think the marketplace, it just hadn’t been regulated for a while, to any great degree,” Elvrum told the Star Tribune. 

More Inspections Coming

The recent probe of hemp retailers was carried out when the department had only one inspector on its staff. But the agency has recently hired five additional inspectors, Bowman reported, with another to be hired next month. The increased staff is needed to properly inspect Minnesota’s approximately 3,000 businesses including hemp shops, breweries and liquor stores that have registered with the state to sell or manufacture hemp products. 

Elvrum said that in the future, the inspectors will concentrate their efforts on businesses that most commonly sell hemp products that do not comply with state regulations.

“So, smoke shops and some hemp shops and a few convenience stores. But a lot of them are smoke shops or tobacco shops that carry a variety and have these high-dose products,” Elvrum said. “Right now, there’s about 800 of those registered.”

Inspectors will also eventually examine liquor stores, bars and restaurants that sell hemp THC seltzers and other beverages. Elvrum said those products have been given a lower priority for inspection because the health department has determined that they are generally more compliant with regulations than some other hemp products such as gummies.

Elvrum also noted that when inspectors discover illegal hemp products, retailers are asked to destroy them immediately or box them to be held for subsequent monitored destruction.

“So far, all of the places we’ve visited have either done it on the spot [or] in a few cases, we would send our inspector back to watch them destroy it,” he said.

Retailers found to be selling illegal hemp THC products are subject to fines of up to $10,000 per incident, according to the Department of Health. Businesses selling hemp products without registering with the state as required by law can also be fined up to $10,000. 

Elvrum said that the Office of Cannabis Management has so far not fined retailers not complying with the state’s hemp regulations. But that could change if inspectors return to a business previously found to be selling illegal products and discover repeat violations.

“We are generally giving them the benefit of the doubt on the first visit,” Elvrum said. “Certainly, repeated violations of the same nature are going to end up being considered for a penalty.”

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Canadian cannabis advocates are calling on the federal government to relax strict limits on the potency of cannabis edibles with a petition seeking a tenfold increase in maximum permitted THC levels. 

Canada legalized cannabis through an act of Parliament in 2018, and retail sales of cannabis extracts and edibles were authorized for licensed operators one year later. Regulations on edibles set strict potency limits, however, with a cap of 10 milligrams of THC per product. In contrast, California, the largest regulated market in the United States, limits THC to 100 milligrams per package, with a per-serving cap of 10 milligrams.

Last year, an Independent Expert Panel began a mandated review of Canada’s cannabis regulations. Advocates for the regulated industry see the review as an opportunity to push lawmakers to increase the THC limit on edibles, launching a petition last week calling on the federal government to increase the limit to 100 milligrams per package.

Jennawae Cavion, the executive director of the Canadian chapter of the National Organization for the Reform of Marijuana Laws (NORML Canada) told the National Post that regulations that strictly limit the potency of edibles make it difficult for licensed businesses to compete with illicit operators.

“It’s driving the market to the unregulated market, which (licensed) cannabis retailers cannot compete with,” Cavion said.

Sam Gerges, the owner of the licensed retailer Mary Jane’s Cannabis, agreed that the THC limit on edibles hinders the regulated market from competing with unlicensed operators.

“No one who buys 100 to 1,000 mg edibles on the streets is going to buy edibles from legal retailers,” he said. “That’s like selling non-alcoholic vodka and saying it’s the real deal.”

The authors of the petition note that a government agency charged with maintaining a competitive business environment and Ontario’s sole authorized cannabis distributor have called for an increase in the THC limit for weed edibles.

“Both the Canada Competition Bureau and the Ontario Cannabis Store have called upon Health Canada to increase THC limits,” the petition reads. “The Competition Bureau has stated that ‘restricting THC levels may not be necessary to achieve the government’s objectives,’ while the Ontario Cannabis Store has emphasized the need to ‘revisit the current THC limits.’ These endorsements from reputable organizations highlight the importance of reconsidering the current restrictions.”

Report On Legalization Released Last Month

The Independent Expert Panel began its work in 2022 and issued its first report last month. Many of those interviewed for the report recommended against making “large-scale changes” to regulations so soon after they took effect, with some even suggesting that the minimum age for purchasing and using cannabis should be increased to 21 from the current 18. 

“Many public health stakeholders and some provincial and territorial government officials focused on reinforcing the value of existing regulatory controls, such as the THC quantity for edible cannabis products and promotion restrictions, to reduce harms,” the report reads.

The review panel’s report also noted that 10 milligrams was established as a “reasonable upper-limit” to avoid overconsumption by inexperienced consumers and that more experienced users tend to prefer smoking or vaping cannabis over edibles. The report also noted that some disputed the notion that the THC cap on edibles is driving consumers to the unregulated market.

“Some researchers suggested that it is rare that higher dose edibles drive consumers to purchase illicit cannabis, as consumers often cite convenience, price and quality as reasons for purchasing illicit products,” the report notes.

Cavion disagreed, saying that low-potency edibles are indeed a factor driving consumers to illicit operators. She also noted the regulations are inconvenient and promote unhealthy eating.

“The other part of it is the amount of sugar you have to consume to get your regular dose,” she said. “I shouldn’t have to eat 10 fun-sized chocolate bars when I can just have a few squares of one chocolate bar — if it has to be chocolate at all.”

Michael DeVillaer, an assistant professor at McMaster University’s Department of Psychiatry and Behavioural Neuroscience, argued against hiking Canada’s THC limit on cannabis edibles.

“Given the potential public health risks, I would place the onus on the petitioners to provide market research that shows there is truly high consumer demand for higher THC product,” said DeVillaer, who is the author of a book on Canada’s legalization of cannabis. “But even if there is such demand, that does not mean we should imperil public health protection for the industry’s interests in market expansion.”

“If the cannabis industry and government are sincere about wanting to compete with the unlicensed trade, they need to clean up the licensed one which is fraught with regulatory violations, including poor product integrity which includes use of unauthorized pesticides, mold, microbial and chemical contaminants, incorrect labeling, and misrepresented products,” DeVillaer added. “These are the historical liabilities of the unlicensed trade that the licensed trade was supposed to fix.”

Cavion countered that strictly regulating cannabis industries will encourage consumers to seek the products they like from unlicensed businesses.

“If we want legalization to be a success, we can’t be limiting the creativity of licensed producers,” she said. “This isn’t an institutional product — it’s recreational cannabis, it’s literally meant for us to have fun.”

Canada’s House of Commons began accepting signatures for the petition to increase the THC limit for cannabis edibles on November 8. The signature collection is scheduled to end on March 7, 2024, at 11:31 a.m. EDT.

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Researchers at DELIC Labs recently published a study analyzing how the size of ground cannabis flower in today’s cannabis joints can impact a consumer when smoking.

DELIC Labs was founded by Dr. Markus Roggen and Professor Glenn Sammis in 2018 as a licensed cannabis and psilocybin research laboratory that “seeks to add fundamental scientific insight to the field of cannabis and mushroom production.” 

The most recent study was entitled “Hot Topics and Hotboxing: Latest Research on Cannabis Aerosols,” collaborating with the University of British Columbia, Loyalist College, Via Innovations, and Verdient Science.

According to Roggen, the purpose of the study is to better understand the science behind cannabis consumption. “There’s a lack of quantitative research on joint smoking. I want to understand what happens during inhalation on the chemistry side,” Roggen said in an interview with Scientific American.

DELIC Labs displayed its findings in a PowerPoint presentation that was presented at the Canadian Chemistry Conference and Exhibition in Vancouver, Canada in June. The presentation began at 4:20pm, and began with a lighthearted header “Let’s light one up for science” as an introduction before diving into the subject further.

The presentation explained that more than 209 million people consume cannabis globally, approximately 70% choose joints as their preferred method of consumption. The researchers set out to examine how particle sizes affect the quantity of cannabinoids delivered through smoking.

Researchers utilized a coffee grinder to consistently grind cannabis flower into one-, three-, and five-millimeter (mm)-diameter sizes. The study utilized a Cambustion Smoke Cycle Simulator device, which recorded the life stage of a joint measured as the beginning, middle, and end.

Researchers concluded that “1-mm particle size yielded more potent puffs than 3- and 5-mm particle sizes.” However, they also noted that “5-mm particle size led to longer lasting joints regardless of flower used,” leading them to believe that “improving joint architecture” would lead to a better consumer experience.

Researchers determined that consumption with THC joints ranged between 0.09mg to 0.88mg per puff. They noted that 1-mm joints delivered the highest average of THC per puff, with about 0.67mg, but 5-mm joints delivered a slightly lower amount with 0.51mg. 

For CBD joints though, researchers found that they delivered a range of 2.3mg to 6.1mg per puff. According to Roggen, this study produced very interesting results. “The amount of cannabinoid that gets to your mouth is higher for CBD than for THC,” said Roggen. “I cannot explain it, but I am very intrigued.”

Scientific American also spoke with Portland State University Professor Robert Strongin, who was not involved in the DELIC Labs research. According to Strongin, the results of this study could lead to more effective and accurate ways of dosing for medical cannabis patients. “This information could be particularly useful for medical marijuana patients and clinicians for whom dosing control and consistency is a significant issue,” Strongin stated.

DELIC Labs concluded its presentation by diving deeper into their findings and how they might differ from infused joints rolled with kief, oil, kief and oil, or terpene poppers, as well as cannabis mixed with tobacco, which would involve Strongin’s expertise.

Ultimately, DELIC Labs calls for further investigation of “side stream, aerosol particle size, exhaust temperature, particles,” and things beyond cannabinoids and terpenes.

Not many studies have been conducted quite like DELIC Labs’ and its most recent findings, but these results could prompt other researchers to investigate. Previously in January 2019, researchers from the Institute of Forensic Medicine at the University of Bern found that joints waste 300% more THC than dabs. In April 2019, the National Institute on Drug Abuse announced that it was accepting applications for a contractor to roll thousands of joints.

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Cannabis consumers in Washington state may soon be subject to a “dank tax.” 

Lawmakers there have introduced a bill that would tax marijuana products based on the percentage of THC.

In other words: the stronger the weed, the higher the price.

“Research indicates that between 12 and 50% of psychotic disorders could be prevented if high potency cannabis products were not available,” said Washington state House Rep. Lauren Davis, one of the sponsors of the bill, as quoted by local news station KXLY.

Davis believes that the measure is necessary to combat what she describes as a “crisis.”

“If we fail to act now to counter the emerging public health crisis created by high potency cannabis products, we will soon have another epidemic on our hands,” Davis added.

The legislation, House Bill 1641, would restructure “the 37 percent cannabis excise tax to a tax of 37 percent, 50 percent, or 65 percent of the selling price, based on product type and tetrahydrocannabinol (THC) concentration,” according to an official legislative summary of the measure. 

“[Thirty-seven] percent of the selling price on each retail sale of cannabis-infused products, useable cannabis with a THC concentration less than 35 percent, and cannabis concentrates with a THC concentration less than 35 percent,” the summary read. “[Fifty] percent of the selling price on each retail sale of cannabis concentrates and useable cannabis with a THC concentration of 35 percent or greater but less than 60 percent; and 65 percent of the selling price on each retail sale of cannabis concentrates and useable cannabis with a THC concentration greater than 60 percent.”

HB 1641, which had its first public hearing last week, would also establish the following, per the legislative summary:

“Marketing and advertising prohibitions on advertising a product that contains greater than 35 percent total THC … Prohibits cannabis retail outlets from selling a cannabis product with greater than 35 percent total THC to a person who is under age 25 who is not a qualifying patient or designated provider … Requires cannabis retailers to provide point-of-sale information to consumers who purchase certain cannabis products and requires the Liquor and Cannabis Board to develop optional training for retail staff … Requires mandatory health warning labels for cannabis products that contain greater than 35 percent total THC … Requires cannabis products to be labeled with the number of serving units of THC included in the package, and with an expression of a standard THC unit in volume or amount of product … Directs $1 million annually from the Dedicated Cannabis Account for targeted public health messages and social marketing campaigns.” 

Not everyone is on board with the proposal, which has a dozen sponsors. 

Carol Ehrhart, who owns a dispensary in the state, told KXLY that the proposed tax increase could lead to some adverse consequences. 

“There’s this, you know, idea that the THC is going to get me further along. The higher that we make those prices, the more apt someone is to buy the higher priced item because they think they’re getting more bang for their buck when they’re really not,” Ehrhart told the station.

“A product that we’re selling right now for $40 that’s over the 60% threshold would go to $47, almost $48. You know, that’s seven or $8 in taxes on one piece of product,” Ehrhart added.

Washington became one of the first two states to legalize recreational cannabis in 2012, when voters there approved a measure that legalized possession and paved the way for a regulated market. (Colorado also approved a legalization measure the same year.)

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