Inconsistencies in THC Labeling: A Growing Concern in Oklahoma’s Cannabis Industry
A recent report by KFOR News has cast a spotlight on a significant issue within the cannabis industry in Oklahoma—the inaccuracy of THC labels on medical cannabis products.
Jeffery Havard, a lab manager at Havard Industries, revealed alarming discrepancies in the THC content listed on cannabis product labels and the actual potency of these products. THC, or tetrahydrocannabinol, is the main psychoactive component in marijuana, responsible for its effects on the brain. The accuracy of THC labeling is crucial for consumers seeking specific experiences and for ensuring product safety and consistency.
The investigation by Havard Industries involved the collection of 15 cannabis samples from three different dispensaries in Oklahoma. These samples represented some of the most popular strains available, as recommended by the dispensaries' staff. The goal was to test each sample for its THC potency and compare the results with the potency levels indicated on their labels.
The findings of the report are cause for concern. All 15 samples were found to have THC levels that were significantly overreported on their labels. On average, the actual potency of these samples was 78% lower than what was advertised. Some samples deviated from their labeled potency by nearly 200%, a discrepancy that raises serious questions about the reliability of product labeling in Oklahoma’s cannabis industry.
The issue of THC potency inflation is not new and has been a topic of discussion among industry players and regulators for several years. However, the results from Havard Industries highlight the extent of the problem and its prevalence in Oklahoma’s medical market. The consequences of such inaccuracies can be far-reaching, affecting consumer trust and the integrity of the cannabis market as a whole.
The analysis by Havard Industries serve as a critical reminder of the challenges facing the cannabis industry as it continues to evolve and expand. As the legal landscape around cannabis use shifts, so too must the standards by which products are tested, labeled, and sold. Ensuring the accuracy of THC content on product labels is essential for maintaining consumer trust and safeguarding public health.
The Oklahoma Medical Marijuana Authority (OMMA) said in a statement, “This issue exemplifies the necessity of OMMA’s quality assurance lab. Our lab will address this issue through advanced testing and testing standards.” “As the regulatory agency tasked with regulating medical marijuana in Oklahoma, we strive to ensure all licensees are compliant with state laws.”
“OMMA’s quality assurance (QA) lab authorized by SB 813 (2023) will address this issue in two ways. 1) Each licensee will be required to submit a primary lab sample and a reserve sample to the lab for all compliance testing. The QA lab will periodically obtain the reserve sample, analyze it and compare the results obtained to the original test results. Discrepancies will be investigated. 2) The QA lab will distribute round robin samples to each commercial lab. The round robin samples will be meticulously prepared so that each commercial lab is testing the same thing. Each lab will submit their results to the QA lab, where statistical analysis will be done to see if any lab reported an outlier. The secret shopper program (HB 3971 (2022) also involves testing. It’s similar to the first process above, but instead of reserve lab samples, samples from dispensaries will be tested and the results will be compared to the package label.”
-OMMA Spokesperson
The issue of THC label inaccuracies extends beyond local markets and has legal implications at the federal level, as seen in a notable case in Arkansas. In this instance, a federal racketeering lawsuit was filed against four licensed medical cannabis companies, including a testing lab and three growers. The plaintiffs alleged that these companies conspired to inflate the THC levels on product labels, misleading patients regarding the potency of their purchases. The lawsuit claims that this practice was not only deceptive but also in violation of the Controlled Substances Act, highlighting the serious legal consequences that can arise from such discrepancies. The case was filed under the Racketeer Influenced and Corrupt Organizations (RICO) Act, which emphasizes the gravity of the allegations and the potential for treble damages in civil cases. This situation illustrates the broader implications of THC label inaccuracies, underscoring the potential for significant legal challenges and the importance of accurate and honest product labeling within the cannabis industry.
When discussing the discrepancies between labeled and actual THC content in cannabis products, it's also crucial to acknowledge the complexity of the issue. Just like perishable goods in a grocery store, cannabis products can undergo degradation over time due to environmental factors, handling, and storage conditions. The potency of cannabis, particularly its THC content, may diminish when exposed to light, air, or varying temperatures, leading to unintentional discrepancies between the product's labeled potency and its actual potency at the point of sale.
The lack of uniform testing protocols and quality control measures across labs can also contribute to variability in potency results—which would be the responsibility of the regulatory and enforcement bodies. This variability underscores the difficulty in maintaining consistency and accuracy in labeling, complicating efforts to ensure that consumers receive reliable information about the products they purchase.
However, from a regulatory perspective, the root cause of the discrepancy may not always be the primary concern. Regulatory bodies like OMMA and OBNDD are tasked with upholding industry standards and protecting consumers. Whether THC content discrepancies arise from intentional inflation, degradation, or inconsistent testing practices, regulatory agencies are likely to prioritize the end result—ensuring that consumers have access to safe, accurately labeled products. In this context, the responsibility falls on producers, distributors, and retailers to implement rigorous quality control measures and ensure the integrity of their products, regardless of the challenges posed by degradation and testing variability.
As the cannabis industry matures, it is imperative for all stakeholders, from growers and manufacturers to regulators and consumers, to advocate for more reliable testing methods and accurate product representation for patients. Only through a collective effort to address these issues can the industry hope to achieve the levels of transparency and accountability necessary for its long-term success.
Distributors and Dispensaries alike should be more diligent than ever as OMMA’s QA lab and secret shopper program rolls out. Take extra time to verify and confirm COAs and test results match what packaging labels read. If you find yourself in the middle of a discrepancy needing legal assistance to save your license or navigate a violation, reach out to the attorneys at Gies Law Firm today.
