Colorado’s Marijuana Enforcement Division is considering a significant shift in how marijuana products are tested for safety, and potency. Under a proposal discussed Friday, manufacturers may no longer be allowed to self-select samples for mandatory lab testing.
New Regulations Under Consideration
Currently, manufacturers choose the samples submitted to labs to ensure they meet state standards for contaminants like chemical solvents, fungus, and pesticides. The proposed change would instead require independent labs or outside vendors to collect these samples, addressing concerns that some companies are manipulating the system.
A recent investigation by The Denver Gazette and ProPublica revealed vulnerabilities in the state’s testing system, highlighting an “honor code” susceptible to manipulation. The investigation also uncovered instances where manufacturers swapped marijuana distillate for cheaper, chemically converted hemp – a prohibited practice in Colorado. Ware Hause, the company involved in the vape contamination case, surrendered its manufacturing license.
Past Challenges and Current Debate
The Marijuana Enforcement Division initially resisted calls for a change to the sampling process. Last year, the division defended its current system in court against a lawsuit brought by Mammoth Farms, arguing that independent sampling would be “impracticable.” A judge dismissed the suit on technical grounds, but Mammoth Farms subsequently petitioned regulators for rule changes.
The division is now engaging in discussions with stakeholders – including testing labs, cultivators, and manufacturers – to develop a formal proposal. Cost and logistical considerations, such as who would collect the samples (licensed lab personnel or credentialed third-party samplers), are key areas of focus. Twenty-six states and the District of Columbia already require independent sample collection.
Industry representatives have raised concerns about potential costs and the possibility of scandals occurring even with independent sampling, citing examples from California. Justin Singer, CEO of Ripple, believes sample fraud should result in the revocation of a company’s license, noting that current penalties are a “$15,000 slap on the wrist.” Ripple’s analysis indicates that self-sampling issues were involved in half of the 135 final enforcement actions against marijuana companies in Colorado since the start of 2023.
Frequently Asked Questions
What prompted the Marijuana Enforcement Division to consider changing the sampling process?
Concerns raised by marijuana companies last year, coupled with findings from a Denver Gazette and ProPublica investigation, prompted the division to re-evaluate the current system.
What was the outcome of the lawsuit brought by Mammoth Farms?
A Denver judge dismissed the lawsuit on technical grounds, stating that the company should have first petitioned regulators for rule changes. Mammoth Farms then petitioned the division for rule changes.
What are some potential solutions being discussed to address sample fraud?
Suggestions include video surveillance during sampling and GPS monitoring of vehicles transporting samples, as well as a significant increase in regulatory oversight.
As Colorado continues to navigate the complexities of regulating a pioneering industry, the question remains: how can the state best ensure the safety and integrity of its marijuana market for both consumers and businesses?
