Cannabis is illegal under federal law, but does it pose a risk of contaminations and toxicity? A review of state laws and regulators’ perspectives

Cannabis can be sold in forty states for medical or recreational use. But cannabis remains illegal under federal law. That means agencies like the Food and Drug administration don’t regulate the growing or testing of the product.

In states and communities where it’s available, legal weed is probably more likely to be free of many contaminants like pesticides and mold, because states are testing them and pulling them off the shelves. The people who grow, make, and sell marijuana want to stay in business and keep their customers safe.

For consumers who do decide to participate, there’s another concern: Toxics like pesticides, molds and heavy metals can be found in some of the tasty and nicely packaged vapes. Researchers say that they have a long way to go in trying to get state regulators to take on the problem.

All of those things have the potential to cause harm either in the short term — with an ER visit for vomiting, for example, which microorganisms could trigger — or in the long term, increasing your risk for certain cancers or neurological problems.

The Trouble with Legalization: How the Colorado Cannabis Laws Changed During the First Steps of Legalization and Legalization in the 21st Century

But regulation is tricky because on the federal level, cannabis is still illegal. Some states have legalized cannabis, while others haven’t.

There are over 600 contaminants that are regulated across some 30 states, which legalized cannabis at that time. In each jurisdiction there’s only between 60 to 120 contaminants that are regulated.

Those restrictions have left a huge opening for underground producers and distributors, some backed by criminal gangs. NPR has found those products are often grown and processed in unsanitary conditions with banned pesticides and unhealthy working conditions. And they typically don’t have trustworthy potency guidelines.

“We’re talking about a market that lacks transparency and accountability. Paul Armentano is the deputy director of NORML, the National Organization for the Reform of Marijuana Laws.

“When you move from prohibition to legalization, it takes time to significantly reduce the size of the illegal market,” said Beau Kilmer at the RAND Drug Policy Research Center.

“There was a black market for years for moonshine” after Prohibition ended, said Daniel Okrent, a historian whose book Last Call is a history of alcohol bans in the U.S. “Statewide prohibition laws in some states lasted into the 1950s and 1960s. They were ignored but they existed.”

Legal cannabis producers say they think over time, the safer, regulated marijuana brands will win out. It will be easier for people to find out which products are on the shelf.

There were recalls that grabbed headlines last year. In Missouri, state authorities issued over 132,000 marijuana products recalls because of non compliant lab testing. Mike Tyson’s branded cannabis flower products were recalled in California because of molds. In the last year Maine has issued recalls due to yeast and mold in pre-roll joints and other products.

Zarha Ruiz, who’s in charge of environmental compliance and manufacturing safety at the California Department of Cannabis Control, says the uptick in recalls is a sign the system is working and makes her proud of the hard work her teams have done.

She says that it’s indicative of the fact that the department is putting out all the stops to make sure that the resources they have are being used to keep consumers safe.

“The general public largely assumes, ‘Hey, it’s in a state-regulated store. It’s got to be as pure and regulated as any other product I buy in a state-regulated market.’ “

“You’re not gonna keel over if you buy some cheap suspect weed,” said Mitchell. “Maybe you develop a lung problem 10 years down the road that someone who was smoking cleaner weed won’t.”

There’s a dispensary he can walk to, but he gets in his car to drive to a place that has marijuana he can trust. That’s a luxury available to someone who has deep knowledge of the industry.

The Colorado State Marijuana Enforcement Division and the Buyer’s Beware Problem: A Comment on Justin Singer’s Delivery of Edible Cannabis Products

“People assume it’s safe because of guardrails that are in place by state enforcement,” said Mitchell. I think that is up for debate, when you look at the end result.

Justin Singer makes edible cannabis products in Colorado under the names Ripple and Ript, and over the years, he has become increasingly concerned about the state’s lack of enforcement of the industry and what that means for the safety of the marijuana supply.

A breaking point came when Singer released a much cheaper product to the market, and increased sales by 500%, a spike he expected would certainly trigger an inspection from the state Marijuana Enforcement Division.

The kind of guy wants an honest playing field, Singer said. If one team was allowed to cheat while the other team followed the rules, professional sports would not be fun. It would be very not fun to watch, to participate in.”

Thomas Mitchell reviewed cannabis products for Westword, and is now an editor for the Colorado weekly. He has written about health and safety advisories and recalls. He said there is a buyer beware market.

“I consider Colorado weed today to be on par with New York street weed in 2008. “I’m pretty sure that the cartels cared about their consumers more than many people here do,” said Singer. “I’ve got the data to back it.”

Because marijuana is still illegal under federal law, federal safety agencies, like the FDA, do not regulate grow operations. There are good manufacturing practices for marijuana if they did. The basic formula is that a clean facility, clean air and water, equals clean product. That’s what’s required for things like salad greens. Right now, none of that is required in marijuana, in any state, not just Colorado.

If we require that dog food follow this, but we don’t require that for cannabis … to follow these kind of basic food safety guidelines, then I don’t know what the industry is doing.

The director of the Marijuana Enforcement Division was not willing to comment on the data relating to the supply of marijuana and whether it is safe or not, but he did say there is a robust process for guaranteeing marijuana is free of contaminants.

The MED has issued 97 health and safety notices since 2016. But the advisories at times include marijuana products that were sold and likely consumed months, or even years, before. It could be that the product was contaminated at some point after it left the grow, or that testing isn’t always finding dirty weed.

“We do see ongoing need to continue to work on that,” said Mendiola. Ensure that we reach consumers effectively and that we provide the information that they need to know about certain products that we have identified as a threat to health and safety.

She said that in the last few months they updated the health and safety notice online and will distribute flyers to educate consumers on safety issues.

Source: Even where weed is legal, product safety isn’t guaranteed

Cannabis Taxes, Irradiation, and Shelf Testing: How Many Stores are Closing and How Many Cannabis Growers are Shutting?

The prices of cannabis have crashed after a huge influx of investment during the pandemic, as the marijuana industry is suffering. License revenue is limited by the closing of businesses. She noted that they are downsizing their offices in Lakewood to reduce costs.

“We’ve been, for a few years now, looking at those opportunities to save costs, cut expenses, in a way that still allows us and ensures that we’re able to carry out our regulatory obligations,” said Mendiola.

Shaw, who said he was inspected a few months ago by the state, said anything outside of the regulated market in Colorado, like hemp-derived products, have little to no safety regulations and should be avoided.

Shaw also noted that the rate of recalls in Colorado has slowed, after a major increase in 2023. He said that Colorado’s financial struggles means fewer producers.

“When there’s no data to really make a determination on whether it’s right or wrong, it’s difficult to make a judgement about it,” said the senior research scientist at the University of Colorado, Boulder’s lab for aerobiology and disinfection.

What is clear, said Eidem, is that marijuana growers in Colorado and other states are allowed to use irradiation technology to treat their product when it fails testing. The process is approved in food, with required labeling. She said that a grower can hit the cannabis buds with x-ray until it passes testing. The process breaks down the chemical bonds of molds and bacteria, enough for them to die or stop multiplying, according to the EPA.

Currently, what’s required is that products pass a final test. The process can be onerous, though, on growers, who are already suffering a prolonged downturn in sales prices. Stores and grows are closing.

Shaun Opie, with E4 Bioscience in Michigan, is an expert in marijuana contaminants and lab testing. He said the money sunk into a harvest means there’s tremendous pressure to get it to market.

Opie said it would be a good idea for states to use shelf testing to keep track of the product that actually gets to consumers.