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April 17, 2024

Compliance Alert: Study Reveals 93% of Smokable Products Are Not Hemp

A recent study indicates that 93% of smokable products in the market are actually marijuana. Let’s delve into what this means for your business.

Introduction

Hi, I’m Morgan Davis, a business attorney based in Raleigh, North Carolina, specializing in cannabis and wellness. Let’s discuss how to keep your business protected and thriving.

The Study’s Findings

The National Institute of Standards and Technology (NIST) recently surveyed 53 smokable hemp products from five commercial manufacturers. These products included various combinations of Delta-8, Delta-10, Delta-9, and HHC. Shockingly, 93% of these products exceeded the federal definition of hemp, which is 0.3% Delta-9 THC by dry weight. This means they are classified as marijuana.

Implications for the Industry

This study underscores the critical importance of compliance. When 93% of the market misrepresents its products, it leads to several significant issues:

  1. Consumer Trust: Customers lose faith in the market.
  2. Regulatory Attention: Non-compliance attracts law enforcement and regulatory scrutiny.
  3. Industry Standards: The need for self-regulation becomes evident.

Key Compliance Areas

To address these issues, businesses should focus on the following areas:

1. Testing Methods

  • Use reliable testing facilities.
  • Prefer ISO-certified labs.
  • Consider labs that also test regulated cannabis products, as they adhere to higher standards.

2. Sample Homogeneity

  • Ensure consistent sampling methods.
  • Hire experts to create homogeneous samples.

3. Storage Conditions

  • Maintain temperature-controlled environments, especially for smokable products.
  • Limit light exposure and consider product degradation over time.
  • Apply similar principles to edible products.

4. Documentation and Marketing

  • Regularly update online documentation.
  • Ensure certificates of analysis (COAs) are current and accurate.
  • Avoid “set it and forget it” practices with COAs, marketing, and product labeling.

Conclusion

By proactively addressing these compliance issues, businesses can maintain product integrity, avoid legal pitfalls, and build consumer trust. If you need assistance setting standards and implementing these practices, give us a call. We’re here to help you navigate these challenges and thrive in the cannabis industry.

Stay informed and stay compliant. Your business depends on it.

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