As the Founder and Chief Scientist of pH Solutions Lab, California's only woman-owned, zero-recall lab, I've witnessed firsthand the complexities and challenges facing our industry.
Today, I want to address a pressing issue that has significant implications for both legal and illegal cannabis markets: the distinction between THCA and THC, and how current regulations have created loopholes that undermine the integrity of our industry.
The 2018 Farm Bill decriminalized hemp products, defining hemp as cannabis with less than 0.3% Delta-9 THC. This definition was intended to differentiate between hemp and marijuana, but it inadvertently opened the door for exploitation. Some businesses are now marketing "THCA Hemp Flower," claiming it qualifies as hemp because it contains less than 0.3% Delta-9 THC. This loophole allows these products to be shipped across the country, as long as they receive a Certificate of Analysis (COVA) indicating they meet the legal threshold.
However, this approach is fundamentally flawed. The Farm Bill's focus on Delta-9 THC ignores the total THC content, including THCA, which can be converted to THC through decarboxylation (a process that occurs naturally when cannabis is heated). This means that high-THCA products, when consumed, can deliver effects similar to high-THC products, skirting the intention of the law.
The Inconsistencies and Their Consequences
There is a glaring inconsistency across cannabis laws. States have different regulations, and the federal definition does not account for total THC. This lack of uniformity creates confusion and loopholes that some businesses exploit to gain an unfair advantage.
A recent example is the $150M civil lawsuit in Georgia against two major brands and the testing labs they used for allegedly falsifying COVA results to show less than 0.3% Delta-9 THC, allowing them to ship products that should be classified as marijuana. This type of manipulation not only undermines the legal market but also harms the reputation of our industry.
The Reality of "THCA Hemp Flower"
Let's be clear: Hemp does not naturally produce significant amounts of THCA. It primarily produces CBDA, with only trace amounts of THCA. The term "THCA Hemp Flower" is a fabrication, a marketing gimmick to exploit regulatory loopholes. This practice not only violates federal law but also perpetuates the unregulated cannabis market, making it difficult for legal operators to compete.
The Need for Consistent and Accurate Testing
At pH Solutions Lab, we are committed to accurate and consistent reporting. The manipulation of Delta-9 THC levels and the marketing of "THCA Hemp Flower" are not just about puffing numbers; they represent a significant ethical breach. Honest testing and transparent reporting are crucial for the integrity of our industry.
Early and accurate testing is key. By testing the mothers of cannabis plants before they are cloned, we can prevent the spread of infections and ensure the quality of the yield. This proactive approach is essential for maintaining the highest standards in cannabis production.
Moving Forward: A Call for Uniform Regulations
As the federal government moves toward rescheduling cannabis, it's imperative that we establish a universal definition of what each component means at the federal level. This will help eliminate confusion, close loopholes, and ensure that consumers receive what they expect.
Just as Advil doesn't have different potencies in California and New York, cannabis products should have consistent and accurate labeling across all states.
The issue of THCA vs. THC and the exploitation of regulatory loopholes is a significant challenge for our industry. By advocating for consistent regulations and committing to accurate testing, we can help ensure the integrity of the cannabis market. At pH Solutions Lab, we are proud to lead by example, providing the highest standards of testing to support a fair and honest industry.
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