Tag Archives: edibles

OHA Addresses Oregon Growing Pains, Changes Testing Rules

By Aaron G. Biros
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Last week, the Oregon Health Authority (OHA) published a bulletin, outlining new temporary testing requirements effective immediately until May 30th of next year. The changes to the rules come in the wake of product shortages, higher prices and even some claims of cultivators reverting back to the black market to stay afloat.img_6245

According to the bulletin, these temporary regulations are meant to still protect public health and safety, but are “aimed at lowering the testing burden for producers and processors based on concerns and input from the marijuana industry.” The temporary rules, applying to both medical and retail products, are a Band-Aid fix while the OHA works on a permanent solution to the testing backlog.

Here are some key takeaways from the rule changes:

Labeling

  • THC and CBD amounts on the label must be the value calculated by a laboratory, plus or minus 5%.

Batch testing

  • A harvest lot can include more than one strain.
  • Cannabis harvested within a 48-hour period, using the same growing and curing processes can be included in one harvest lot.
  • Edibles processors can include up to 1000 units of product in a batch for testing.
  • The size of a process lot submitted for testing for concentrates, extracts or other non-edible products will be the maximum size for future sampling and testing.

    Oregon Marijuana Universal Symbol for Printing
    Oregon Marijuana Universal Symbol for Printing

Sampling

  • Different batches of the same strain can be combined for testing potency.
  • Samples can be combined from a number of batches in a harvest lot for pesticide testing if the weight of all the batches doesn’t exceed ten pounds. This also means that if that combined sample fails a pesticide test, all of the batches fail the test and need to be disposed.

Solvent testing

  • Butanol, Propanol and Ethanol are no longer on the solvent list.

Potency testing

  • The maximum concentration limit for THC and CBD testing can have up to a 5% variance.

Control Study

  • Process validation is replaced by one control study.
  • After OHA has certified a control study, it is valid for a year unless there is an SOP or ingredient change.
  • During the control study, sample increments are tested separately for homogeneity across batches, but when the control study is certified, sample increments can be combined.

Failing a test

  • Test reports must clearly show if a test fails or passes.
  • Producers can request a reanalysis after a failed test no later than a week after receiving failed test results and that reanalysis must happen within 30 days.
Gov. Kate Brown Photo: Oregon Dept. of Transportation
Gov. Kate Brown
Photo: Oregon Dept. of Transportation

The office of Gov. Kate Brown along with the OHA, Oregon Department of Agriculture (ODA) and Oregon Liquor Control Commission (OLCC) issued a letter in late November, serving as a reminder of the regulations regarding pesticide use and testing. It says in bold that it is illegal to use any pesticide not on the ODA’s cannabis and pesticide guide list. The letter states that failed pesticide tests are referred to ODA for investigation, which means producers that fail those tests could face punitive measures such as fines.

Photo: Michelle Tribe, Flickr
Photo: Michelle Tribe, Flickr

The letter also clarifies a major part of the pesticide rules involving the action level, or the measured amount of pesticides in a product that the OHA deems potentially dangerous. “Despite cannabis producers receiving test results below OHA pesticide action levels for cannabis (set in OHA rule), producers may still be in violation of the Oregon Pesticide Control Act if any levels of illegal pesticides are detected.” This is crucial information for producers who might have phased out use of pesticides in the past or might have began operations in a facility where pesticides were used previously. A laboratory detecting even a trace amount in the parts-per-billion range of banned pesticides, like Myclobutanil, would mean the producer is in violation of the Pesticide Control Act and could face thousands of dollars in fines. The approved pesticides on the list are generally intended for food products, exempt from a tolerance and are considered low risk.

As regulators work to accredit more laboratories and flesh out issues with the industry, Oregon’s cannabis market enters a period of marked uncertainty.

NCIA and BDS Analytics Partnership: Analyzing the Market Data Tool

By Aaron G. Biros
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In May, the National Cannabis Industry Association (NCIA) announced a partnership with BDS Analytics, a cannabis market intelligence and data firm, according to a press release. Beginning in June of this year, NCIA members received access to market and sales data via BDS Analytics’ GreenEdge sales tracking software.NCIA.Logo

BDS_Logo_-_with_analytics_purple_text_copyAccording to Aaron Smith, executive director of NCIA, market intelligence was previously very scarce in the emerging cannabis industry. “We hear from our members all the time that one of their biggest challenges is the scarcity of reliable market intelligence and data in the industry,” says Smith. “Being able to offer this kind of data as an included benefit of NCIA membership is incredibly valuable. We’re proud to partner with BDS and grateful for their support of NCIA’s mission.”

roybingham
Roy Bingham, CEO of BDS Analytics

The GreenEdge reports span numerous product categories as well as high-level market reporting. According to Roy Bingham, chief executive officer of BDS Analytics, NCIA member-businesses can take part in a tutorial to familiarize them with the interface. Bingham says they have extraordinarily comprehensive data on Colorado and Washington; they will have Oregon’s data ready in less than three months and roll out nationally to all major markets during the rest of 2016 and 2017.

Through using the interactive GreenEdge reports, we were able to identify key market figures and growth percentages, such as percent of the market share held by dry flower, average infused chocolate bar prices and much more. We found that Colorado’s recreational and medical markets totaled $996.5 million in 2015, just shy of a billion dollars. 28% of that market was held by infused products and concentrates, which grew by 111% over the previous twelve months. The average infused chocolate bar sold at retail in Colorado was priced at $14.47 last year. Overall, Colorado’s cannabis marketplace grew by over 41% between 2014 and 2015.

ScreenShotGreenEdge1According to Bingham, for most mature industries, a ten percent transaction value of the market is sufficient to scale data so that it speaks to the entire market. “However, this is not a stable, mature industry so we are more comfortable with a sample size of around twenty percent of the total market,” says Bingham. “We are well over those numbers in Colorado and Washington.” In order to get the data, BDS Analytics makes direct arrangements with dispensaries on their panel to get access to their point-of-sale data, which can be done in almost real time or in a download at the end of each month. “It is then standardized with a learning software system, assisted by personnel, that gets better over time at categorizing data points,” says Bingham. “We use algorithms to scale the data to the total industry size, and there are a number of adjustments made to those algorithms to make sure the data is normalized.” The program has recorded more than 20 million transactions to date.

ScreenShotGreenEdge2Dispensaries provide their data because they get the full service that comes with being a member of the panel, including details down to the brand level, according to Bingham. “This enables dispensaries to offer consumers what they are purchasing on average in their market,” says Bingham. “You get to see a breakdown of the most popular brands and items if you join the panel and submit data.” They have categorized more than 20,000 unique products, such as a number of different types of concentrates, different types of infused products and more.

The interactive data tool holds tremendous value for NCIA members and business owners in the cannabis space, giving them access to market data previously unavailable or difficult to find.

Wellness Watch

Strain-Specific Labeling Edibles

By Dr. Emily Earlenbaugh, PhD.
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As the marketplace for cannabis products continues to evolve, we are seeing more and more strain-specific edible products hitting the shelves. Still, the majority of products remain strain-ambiguous, simply mentioning that the products contain cannabis and perhaps whether they are indica or sativa blends. While there are compelling reasons to go strain-specific, there are also serious challenges to doing it well.

The most compelling argument for strain-specific edibles is that your patients are more likely to get what they want (and thus more likely to come back for more). Many strain sensitive patients avoid almost all edibles because of a few bad experiences. Without knowing what strain you are consuming, you are left to gamble with your experience. Rather than take the risk, many patients choose to make edibles at home.

When talking to patients, I hear countless stories of bad experiences, along with the desire for more strain-specific edibles. Of course, creating strain-specific products is harder than it sounds. For one thing, it is difficult to source a consistent supply of large amounts of a single strain. This requires either an incredibly well run cultivation operation in-house, or strong, stable relationships with growers that are willing to grow a particular strain consistently.

In addition, labeling becomes more complex when you are strain-specific. Instead of one product, with one package and one label, you need to have individual labels for each strain. If you are using multiple strains, you need multiple labels. For small edibles manufacturers, things can get complicated. They usually need to source cannabis strains from the local market and may not be able to get a lot of consistency. This means plenty of small batches of single strains, rather than a consistent supply of a few set strains, and requires smaller batches of packaging, raising the cost of your inputs. So for many, the solution is to make one label and shift the strains depending on what’s in stock without notifying the consumer. Another method is to blend whatever strains you can find into one type of mixed strain product. While this offers an easy method for producers, it can have negative effects on the patient.

Those continually shifting blends of hybrid, indica or sativa edible products typically contain cannabis trim from many different strains. As we know, strains produce a large variety of effects, from sedative to energizing, relaxing to panic inducing. Mixing many carefully designed strains together can create all kinds of strange effects. It can be akin to mixing medications; it is hard to say what the result of the mix of chemicals will be. This can leave strain-sensitive patients feeling like each edible experience is a roll of the dice, wondering, “Will this help me or hurt me?” A number of patients have told me they gave up on edibles all together.

For those looking to use strain-specific labeling, but feeling held back by issues with sourcing and packaging consistency, try making one product package (that is strain ambiguous) with space for a strain specific sticker. Printing stickers on demand will cost less, then you can label the strains you currently have access to. Giving your patients access to strain information allows them to make an informed choice about what they are taking. Consumer education can draw in a customer base that is already primed to like your product and increases the chances that they will ultimately become satisfied, repeat customers.

Wellness Watch

Creating a Balanced Menu: Tips for a Better Dispensary Inventory

By Dr. Emily Earlenbaugh, PhD.
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When it comes to running a well functioning dispensary, one of the biggest challenges can be stocking a balanced menu. Cannabis consumers have a wide range of tastes and preferences when it comes to products and the most successful dispensaries have a wide selection to meet this need. When a dispensary can keep a consistent stock of products that a particular consumer likes, they can quickly become the only dispensary that consumer frequents. For those dispensaries looking to fill out their menu with crowd pleasing products, I recommend the following practices.


 

Diverse Strains
Cannabis comes in many varieties, and each strain has a slightly different effect on the user. One of the biggest mistakes I see in new dispensaries is a menu that is weighted heavily toward one type of cannabis. The grower or manager of the collective may prefer Diesel varieties, or Haze, and choose similar strains repeatedly. This can severely limit your potential client pool to only those cannabis users who enjoy that one variety. When stocking your flower and concentrates, look for a range of genetic varieties, and be careful not to have too much bias in one direction or the other. 
 
Consistent but New
Cannabis consumers want a consistent supply of strains that work well for them. But sometimes using one strain all the time can lead to decreased efficacy of that particular strain. Keeping a rotation of similar strains in one category can help keep your client base intrigued with new strains, without sacrificing consistency. If you have patients who really enjoy the strain Grape Ape. Rather than keeping Grape Ape in stock at all times, you can stock it regularly, but rotate it with similar strains like Lavender or Blackberry Kush, or new strains with similar genetics.
 
Consumer Feedback
Successful dispensaries are responsive to their consumers’ purchasing habits. Tracking the strains and products that your consumers buy can be helpful when deciding what to purchase again. However, this type of tracking does not tell you about the consumers you may have lost by not having the right product in the first place. Giving your consumers an avenue to give you feedback on your products and request ones that you do not have can be a great way to find out what your particular client base is looking for.
 
Edible and Topical Options
The fastest growing demographic of cannabis users are baby boomers, and many of them are less interested in smoking cannabis than using an edible or topical product. Having a wide variety of edible and topical products can help to bring in this growing demographic. When choosing edible products, look for both sugary treats that appeal to the sweet tooths out there, and the more medicinal products like capsules and tinctures for those looking for exact dosing and a more clinical experience.
 
When in Doubt, Ask for Help

For those looking for more in depth information on how to create a balanced dispensary menu, seek out help from people with industry experience. My practice, Mindful Cannabis Consulting offers consulting and dispensary staff trainings on just this topic. Whether you are just starting out or looking to optimize your existing dispensary, a little help can go a long way.

 

G FarmaLabs Brand Poised for Expansion, Recreational Sales

By Aaron G. Biros
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Patients in California have had access to medical marijuana since it was legalized in 1996. Two decades of legal medical marijuana in California, the world’s eight largest economy, has formed a thriving market of producers, processors and dispensaries. Propositions on the state’s ballot for 2016, such as the Control, Regulate and Tax Adult Use of Marijuana Act, promise measures to introduce the recreational market into the state regulatory system.

G FarmaLabs, a family-owned and operated business, has been operating in California since November of 2013, when they launched at a Marijuana Business Conference in Seattle that year. Ata Gonzalez, founder of G FarmaBrands and chief executive officer of G FarmaLabs, has been in the cannabis industry since 2009, cultivating in California and operating marijuana dispensaries, when he took notice of the changing industry and consumer trends shifting toward consumption of edibles and concentrates.

Ata Gonzalez, CEO of G FarmaLabs and founder of GFarmaBrands
Ata Gonzalez, CEO of G FarmaLabs and founder of GFarmaBrands

“Once the Cole Memo hit in August of 2013, the cannabis industry took off and so did we through a combination of great timing and well thought out regular market packaging and marketing,” says Gonzalez. “With our background in cultivation, we use quality flower as the foundation of our brand, and our proprietary cannabis oil formulations are the backbone of the brand, we use that oil to infuse all regular market edibles products.” They are vertically integrated, beginning with their cultivation of seven strains, so they monitor every blend going into their products and test for potency and pesticides in a consistent manner.

Another key ingredient in their brand recognition seems to come through great product diversity. G FarmaLabs has twenty flavors of infused chocolate bars, a variety of chocolate truffles, pretzels, brittle, chocolate covered cherries, teas, lemonades and other forms of infused edibles. They manufacture a variety of cannabis oil concentrates that come in a syringe to refill cartridges or put on your dry flower or joint but they also sell pre-filled vape cartridges, and pre rolled cannabis cigarettes called G Stiks.

The GFarmaLabs logo, an integral part of their branding, is emblazoned on their packaging.
The G FarmaLabs logo, an integral part of their branding, is emblazoned on their packaging.

Luigi De Dominicis, chief technology officer of G FarmaBrands, says their extraction process is another essential factor in the brand’s success. They run their raw plant material through supercritical fluid extraction (SFE) with CO2. “We do not use solvents like butane to extract our oil because CO2 is proven to be safe for both the operator and end user; we pride ourselves in putting out a safe and quality product,” says De Dominicis. “The same product that goes into our cartridges and syringes goes into our edibles with a different refinement process, which are all tested for potency, microbials and pesticides to ensure consistency, safety and quality.”

In building a successful recreational brand, their expansion model will play a crucial role in keeping their reputation for quality and consistency. David Kotler, Esq., regulatory counsel for global territories at G FarmaBrands, cites their licensing model as the primary distinction between G FarmaBrands and other large marijuana brands looking to expand across state lines. “We are trying to own and control every operation and keep it consistent with production and manufacturing versus giving up control via the licensing process and giving it to others,” says Kotler. This distinction means that G FarmaLabs producers and processors in different states will all operate under the same best practices regardless of location, ensuring consistency from one state to the next.

A glimpse into the new G FarmaLabs facility: The site plan in the city of Desert Hot Springs w3here they are applying for a permit
A glimpse into the new G FarmaLabs facility: The site plan in the city of Desert Hot Springs where they are applying for a permit

“While most states have some form of residency requirements, we are planning to grow organically and self contained, ideally expanding to areas where G FarmaBrands can hold licenses,” adds Kotler. For example, Maryland does not have a residency requirement in their licensing application so that is one of the states they are actively pursuing.

Moving forward, G FarmaBrands is positioning itself for national recognition. “It is difficult in this current regulatory state to state structure to have a national brand, but national recognition is certainly attainable through our great in-house marketing team,” says Kotler.

Running an expansion model of keeping everything very internal, along with their dedication to safety and quality, G FarmaBrands is very well-positioned to be the premier cannabis brand for the state of California, and possibly the nation. They recently harvested a crop in Washington State and in 2016, their products will come to market there. As GFarmaBrands attempts to expand into Maryland for manufacturing, cultivating and operating a retail dispensary, Gonzales keeps his mind set on sustainable growth through 2016 and beyond.

Cannabis Coaching & Compliance

What You Need to Know About Food Allergies

By Maureen McNamara
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I rolled up my sleeve and turned my hand palm up. The doctor placed a medieval looking torture device, 18 needles loaded with potential allergic venom right onto my little kid arm. Then, BAM – shot it right into me. Then we waited to see what, if anything, would happen. Would one of those spots react? Would we see some swelling? Where the hell was my lollipop? Hopefully we wouldn’t discover that I was allergic to sugar.

Okay, so maybe that description is a bit dramatic. I do hope that allergy testing protocol has improved over the decades.

Do you have allergies? Is there a certain time of year that makes you sneeze up a storm, your eyes water and you wonder when the pollen is going to ease up?

It is uncomfortable. And if you have or crossed paths with people that have a food allergy… it is way more than uncomfortable. It can be deadly.

In America alone, there are 15 million+ people with food allergies.

Here are the most common culprits in the world of food allergies:

  • Tree nuts
  • Peanuts
  • Soy
  • Wheat
  • Dairy
  • Milk
  • Eggs
  • Fish & shellfish

Be aware, even if these items are not an ingredient in what you are producing- cross contact (the transferring of allergens from one food to another food) can create reactions as well.

Here are a few of the mild symptoms:

  • Hives
  • Redness of the skin or around the eyes
  • Nausea or vomiting
  • Diarrhea
  • Stomach pain
  • Nasal congestion
  • Sneezing

Here are some of the severe allergic reactions:

  • Obstructive swelling of the lips, tongue, and/or throat
  • Trouble swallowing
  • Shortness of breath or wheezing
  • Drop in blood pressure (feeling faint, confused, weak, passing out)
  • Loss of consciousness
  • Death

Management and kitchen staff must be thoroughly trained regarding the dangers of food allergens and cross contact. Food safety training can help prevent your customers or patients from having a food-allergic reaction, which can lead to a medical emergency.

Here is a document, developed by the Food Allergy Research and Resource Program (FARRP) and the University of Nebraska, that shares details about how to create a manufacturing plan to ensure safe production with a focus on reducing potential allergic reactions.

In the cannabis industry, I know we are committed to contributing to people’s wellness. And when we produce infused products, ensuring that your patients receive a wholesome product is essential.

Here’s to your team increasing their knowledge, creating the best products and your thriving success with raving (hiveless) fans!

Cannabis Coaching & Compliance

Food Safety Training: A Story of Poo

By Maureen McNamara
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Cannabis Trainers: A Story of Poo

Are you an excellent hand washer?
Almost everyone answers this question with a big “YES!”

The reality? Researchers let us know that most people don’t wash their hands thoroughly or frequently. Especially men… sorry fellas!

I know, I understand that this sounds super basic. However, it is an integral part of ensuring that your business doesn’t contribute to any of the millions of food borne illnesses each year in the United States. According to the Center for Disease Control and Prevention, there are approximately 48 million cases of food borne illness, 128,000 hospitalizations and 3000 deaths resulting from food borne illness. 

For us in the cannabis industry, many of our products are known as “ready to eat foods” or, foods that do not require heating prior to eating. This allows us to keep things a bit simpler for our customers and patients. The most prevalent foodborne illness is the norovirus, which is linked to ready to eat foods and poor personal hygiene factors.

Keep in mind that even though we [typically] are not working with high risk foods (think: poultry, fish, beef etc.), we may very likely be creating food for a high risk population (patients with compromised immune systems), and great personal hygiene is imperative.

  1. Is your team using gloves or utensils to handle all ready to eat foods?

  2. Do you wash hands prior to gloving?

  3. Are hands being washed with at least 100*F water for 20 seconds?

One tool that I like to use in our food safety classes to illustrate the point that hand washing is typically done quickly and poorly is GloGerm. This highlights where the areas for improvement are for each person with hand washing.

I am often asked about hand sanitizer. For all you busy people out there… listen up! Hand sanitizer does NOT replace hand washing ever.
Seriously- never. Here is my analogy for you:
Hand sanitizer on dirty hands is like whipped cream on poop. You’re welcome for that mental image.

Frequent, thorough hand washing is essential to ensure that your team creates food safely and with integrity. The truth is, fecal contamination is a big deal. And although we may all claim that we are great hand washers, there is often room for improvement.

Ready to learn more? Join us for one of our ServSafe Food Handler courses that we customize to the specific needs of the cannabis industry.

www.CannabisTrainers.com

incredibles chocolate

Manufacturing Edibles With Integrity

By Aaron G. Biros
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incredibles chocolate

Without federal guidance on food products containing marijuana (a result of the plant remaining a Schedule I narcotic), state regulators and manufacturers are fighting to keep the market safe for consumers. Manufacturers of marijuana edibles are not only trying to ensure consumer safety, but are also attempting to advance industry and legalization efforts nationwide.

Recent investigations in Colorado revealed that certain marijuana edibles, along with some extracts, tested positive for illegal pesticides. Many cannabis businesses are looking to the industry leaders in edibles manufacturing for advice. Marijuana edibles are a food product, so they must first enlist standard food sanitation procedures and then comply with state regulations for cannabis to ensure safety. Some of the product consumers are patients with weakened immune systems, thus highlighting the need for consistent and accurate dosing in products.incredibles logo

Maureen McNamara, founder of Cannabis Trainers, recently sat on a panel with Bob Eschino, co-founder of incredibles and Krystal Kiathara, CEO of Yummi Karma at the Cannabis World Congress and Business Expo, hosted by the International Cannabis Association in Los Angeles. The panelists discussed the need for integrity in manufacturing edibles.

The regulations are not quite there yet and states are adjusting legislation to help promote safety. “It is our job to educate legislators and make sure that our products are accurate and consistent,” said Bob Eschino, co-founder of incredibles.

incredibles chocolate
An infused chocolate bar, manufactured by incredibles, separated into 10mg of THC doses

Maureen McNamara says there are four criteria for producing edibles with integrity: Compliance, training, research and product testing.

“Starting with the foundation of compliance, utilizing strategies involving HACCP plans and FDA guidance, the first pillar is training,” says McNamara. “Food safety training is essential to ensure your team is aware and making a wholesome product.” She also stressed the importance of shelf-life testing and R&D before the product goes onto shelves.

Because food laboratories often will not test products that contain cannabis, many companies work with food scientists and in-house testing. “Moving forward, we need to ensure that we achieve consistent results from the various testing labs,” said McNamara. “But to make edibles with integrity, laboratory testing is paramount.”

hemp-infused tea

Hemp-Infused Beverages: FDA Compliance and the Cannabis Industry

By Aaron G. Biros
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hemp-infused tea

With cannabis-infused edibles gaining a bigger market share in 2014 (See the marijuana edibles regulatory update here), it comes as no surprise that cannabis-infused beverages are growing in popularity. Some of these beverage manufacturers operate in a very interesting legal environment because of the differentiation between compounds found in hemp and marijuana, two different varieties of cannabis.

“Under federal legislation, there is an exemption for hemp and as long as we process our CBD (Cannabidiol) molecules from the hemp plant, we are allowed to sell our products federally,” says Chris Bunka, CEO of Lexaria, a company that makes a hemp-infused tea.

hemp-infused tea
Lexaria’s ViPova black tea infused with CBD oil made from industrial hemp

A number of scientific research studies have suggested that the compound CBD has medical properties that can help mitigate symptoms like inflammation, anxiety, chronic pain, and much more.

Because of the federal exemption for hemp, Lexaria can enjoy interstate commerce and other freedoms that manufacturers using marijuana flowers do not, such as access to banking services. Dried marijuana flowers contain the psychoactive compound, Tetrahydrocannabinol (THC). This compound is responsible for the regulatory and legal schism between the states that have legalized marijuana and the federal government, which still considers it to be a Schedule I narcotic.

Much unlike a number of marijuana edibles manufacturers operating in states where marijuana is currently legal, hemp-infused beverage manufacturers operate in full FDA compliance.

Michael Christopher, founder of Loft Tea, is working with a laboratory and bottler that are both 100% FDA compliant. “We definitely operate up to and abide by all FDA best practices with our laboratory and as far as producing and handling material we use best manufacturing practices and processes,” says Christopher.

“We have to partner with a bottler and laboratory who have the reputation to build trust with our brand as an industry leader in safety and quality,” says Christopher. “Until the FDA gives us complete guidelines on cannabis-infused products, we will continue to operate above and beyond best manufacturing practices with our infusions.”

Because these manufacturers view their hemp tea as a health and wellness product, it is only a matter of time before we see these types of products lining the shelves of health-food stores nationally. However, before this happens, an FDA regulatory framework specific to hemp-infused products is needed to address this growing industry. 

“The hemp infusion industry has a lot of opportunity when presented in the right framework,” Christopher says. “There is still education needed in the marketplace to get it to the point where it will be on the shelves in stores like Whole Foods.”

Until that time comes, expect to see a steady growth of interest and inquiry from consumers, manufacturers, and regulators alike in the cannabis industry, whether federally legal or not.

Marijuana Edibles: A Regulatory Nightmare

By Aaron G. Biros
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With an estimated 8 million to 12 million servings of edible marijuana already sold in Colorado, there is cause for concern over food safety testing, and how manufacturers will tackle challenges like regulatory compliance and quality assurance.

When Colorado made history this year by legalizing recreational marijuana use, lawmakers were tasked with creating a regulatory framework for the production, sale, and use of the previously illegal substance. While Colorado has addressed issues such as taxation and cultivation of the plant, the state has struggled to provide clear guidelines for food safety, testing, and lab certification regarding marijuana edibles, causing difficulties for regulators and manufacturers alike.

Federally, USDA and FDA are reluctant to regulate the nascent industry because marijuana is still considered a Schedule I narcotic by the DEA. The Colorado Department of Public Health and Environment is unwilling to regulate marijuana edibles out of fear of jeopardizing their federal funding.

In lieu of the Department of Public Health and Environment’s oversight, the state allows the Marijuana Enforcement Division, under the Department of Revenue, to handle food safety and lab certification. It appears this regulatory agency may be in over its head as concerns grow over potency testing and labeling in the wake of two deaths allegedly involving the overconsumption of marijuana edibles. Adding insult to injury, the Denver Department of Environmental Health cited 58 violations at 24 edible marijuana establishments this past month.

Still, with an estimated 8 million to 12 million servings of edible marijuana already sold in Colorado, there is an immediate cause for concern in food safety testing. As the edible marijuana industry grows, so do worries over how manufacturers will tackle challenges like regulatory compliance and quality assurance.

Ben Pascal, Co-Founder and Chief Business Officer of Invisible Sentinel, feels that there is a lot more the government should be doing right now. “This is a growing trend that will continue in the United States; these products will continue to gain market share and there should be some sort of guidance on how and when to regulate the safety of these products,” explains Pascal.

Invisible-Sentinel-June-2014
Invisible Sentinel’s rapid molecular diagnostics product, Veriflow, can help address some the concerns around risk in conducting testing for marijuana edibles,” says Ben Pascal.

With a rapidly growing industry, more producers of pot edibles are finding it harder to meet regulatory compliance goals. “Larger accredited labs in the US find that there is risk in conducting testing for marijuana edibles,” says Pascal. He believes that Invisible Sentinel’s rapid molecular diagnostics product,Veriflow, can help solve some of these issues.

“We make molecular testing more accessible with low cost, ease of use, robust technology, and the ability to bring all of this testing in-house, helping to eliminate risk factors for clients,” describes Pascal. While Veriflow has the capability to alleviate some quality assurance worries, Pascal points to the lack of regulatory oversight as the main issue.

“If you are not going to be regulated by the federal government, holding you to a safety standard, then smaller groups will not make the proper investments to ensure the safety of their product,” Pascal explains. “It is not about cost, it is about the lack of education and knowledge surrounding the implications of food safety issues in this industry.”

After some of these smaller regulatory hurdles are cleared within the state, then we can start to look toward future food safety standards in the marijuana edibles industry on a national level. Colorado’s experiment in legalization foreshadows some of the issues we will face when marijuana is accepted at a federal level.

As this trend continues, we should act preemptively to alleviate regulatory headaches before they are exacerbated, Pascal adds. The nation’s agencies need to be ready to embrace the legalization of marijuana and related food products in order to prevent real safety issues from surfacing.