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The Cannabis Industry's Regulatory Issues
Cannabis Business Insights | Tuesday, April 04, 2023
Lab shopping and testing inaccuracies in cannabis may be fixed long-term by federal supervision and regulation.
FREMONT, CA: A lack of federal legalization presents major regulatory issues when comparing the US cannabis market to the rest of the world or the state-by-state market. Industrial players will be better prepared to deal with a federally legal market once it becomes a reality if the industry discusses and addresses prevailing problems.
A major concern is the inconsistency of cannabis product testing and regulation. It's no secret that cannabis testing labs pick and choose based on their preferences and requirements, regardless of their accuracy. The situation is even more challenging for non-THC products, like CBD, Delta-8, and hemp, since few states require testing.
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Retailers: Industrialists must carry the products consumers prefer to stay competitive, but lab shopping is a short-term solution. States like California have already established federally regulated cannabis testing programs to combat lab shopping. Working with manufacturers and brands who test their products in reputable labs is important whenever possible. A Certificate of Analysis (CoA) indicates that a third party has approved the lab and product. Testing products in-house whenever possible ensures consumer satisfaction. Get a laboratory's secondary confirmation before purchasing inventory from new suppliers to ensure the best product quality. For additional accuracy assurance, authorities can check with the issuing lab to ensure the results are the same in their records as on the CoA.
Manufacturers: A cannabis plant's life cycle begins with cultivators and ends with manufacturing, determining its final product. It is crucial to use batch methods for precision and uniformity of THC percentage among crops - care and consistency are essential. When choosing vendors, remember quality. For manufacturers, this means working with trusted and experienced growers and seeking a second opinion from outside labs where necessary. Growers must stay on top of best-growing practices, train employees thoroughly, and establish Standard Operating Procedures to consistently ensure best practices are followed. Working towards GMPs is a longer-term solution. They will be able to ensure batch-to-batch consistency and begin preparing their business for federal legalization, as the USDA and FDA will most likely require businesses to conform to these standards when federal legalization occurs.
Labs: Regarding cannabis testing ethics, cannabis labs play a key role. Ensure work is double-checked and carefully monitored for accuracy throughout daily operations. Make employee education and training a priority, and verify testing operation's validity with a Certificate of Analysis (CoA). Some labs may fear losing customers to labs willing to do lab shopping, but unethical testing has much more severe long-term consequences, especially as regulations evolve. Many states offer anonymous tiplines for reporting misconduct in the lab testing industry, and states are taking it much more seriously these days.
Consumers: It is essential to purchasing safe and accurate cannabis products if you are a cannabis consumer. Look for a Certificate of Analysis (CoA) when purchasing a trusted brand; these documents confirm that an ISO 17025-accredited laboratory has tested the product for safety. Be aware of the reporting date of any certificate of analysis you receive. Some disreputable businesses will reuse old certificates from previous years. When you are at a dispensary, research the brands and do not be afraid to ask questions – many dispensaries now provide online menus. Labs that participate in unethical testing processes will continue to be exposed as legalization efforts continue and federal legalization approaches. There may be no long-term solution to cannabis lab shopping and testing inaccuracy aside from federal oversight and regulation. Still, only time will tell the lasting effects of lab shopping on the cannabis industry.
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The cannabis extraction industry is rapidly evolving as new techniques and technologies emerge to meet growing demand and improve product quality. It focuses on enhancing efficiency, sustainability, and customization to appeal to the next generation of cannabis users. While butane and ethanol have traditionally been used in extraction processes, more effective and environmentally friendly methods are expected to gain popularity in the future.
Solventless extraction methods, such as rosin and ice water, are becoming increasingly popular due to their purity and safety. High-pressure and temperature extraction techniques are emerging, potentially offering higher yields and faster extraction times while maintaining the integrity of cannabinoids and terpenes. Terpene isolation will also become more refined, allowing for tailored consumer experiences and more consistent products as the entourage effect between cannabinoids and terpenes is better understood.
Automation and AI: Revolutionizing the Extraction Process
As demand for cannabis products increases, the need for scalable and efficient extraction systems is accelerating automation across processing facilities. Robotics and AI-driven control platforms now enable tighter regulation of variables such as temperature, pressure, and cycle timing, improving batch consistency while reducing material waste. Logistics-integrated supply models, similar to distribution coordination approaches seen in MMM Transport , also highlight how synchronized movement of raw materials and finished extracts can improve throughput efficiency across multi-site operations. AI-based optimization tools further support real-time process adjustments based on biomass characteristics or targeted cannabinoid outcomes, enhancing production precision.
Sustainability: Toward an Eco-Friendly Cannabis Industry
With cannabis cultivation and extraction processes becoming more widespread, the environmental impact of these industries will come under greater scrutiny. In response, the future of cannabis extraction will likely focus on sustainability, with a greater emphasis on eco-friendly methods. Solventless extraction technologies could reduce reliance on harmful chemicals, and more sustainable solvents, such as food-grade ethanol, will become more common. Innovations like closed-loop systems, which recycle solvents, and adopting renewable energy sources in extraction facilities will also help minimize the ecological footprint of the cannabis industry.
Phycoterra ’s work in biological input optimization reflects how sustainability-focused innovation is influencing resource efficiency strategies across agriculture-linked processing industries, including cannabis extraction ecosystems.
The future of cannabis extraction will likely see a shift toward more personalized products, enabling consumers to select products based on specific cannabinoid and terpene profiles that meet individual needs. Advancements in extraction techniques will allow manufacturers to create highly customized products for medical use, offering precise formulations for conditions like chronic pain or anxiety. As consumer demand for unique, tailored experiences grows, new products such as targeted edibles, beverages, and topicals will emerge, each designed to deliver specific effects based on the extracted compounds.
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The technological advancements in cannabis testing have significantly improved the accuracy, efficiency, and reliability of analyzing cannabis products.
As the cannabis industry continues to expand and evolve, ensuring the safety and quality of cannabis products has become paramount. Technological advancements have played a crucial role in revolutionizing cannabis testing, enabling more accurate and efficient analysis of cannabinoids, terpenes, contaminants, and potency levels.
High-Performance Liquid Chromatography (HPLC):
High-performance liquid chromatography (HPLC) has long been a staple in cannabis testing laboratories. However, recent advancements have made it more versatile and precise. HPLC allows for the separation, identification, and quantification of various cannabinoids and terpenes, providing crucial information about the chemical composition of cannabis strains. Modern HPLC systems offer enhanced sensitivity, shorter analysis times, and improved resolution, allowing for more accurate and efficient testing.
Gas Chromatography-Mass Spectrometry (GC-MS):
Gas chromatography-mass spectrometry (GC-MS) is another powerful analytical technique used in cannabis testing. GC-MS enables the detection and identification of volatile compounds, such as pesticides, residual solvents, and mycotoxins. Recent advancements in GC-MS technology have led to faster analysis times, increased sensitivity, and improved compound identification capabilities. This allows for more comprehensive and reliable screening of contaminants in cannabis products.
Portable Testing Devices:
The demand for on-site and real-time cannabis testing has led to the development of portable testing devices. These handheld devices utilize various analytical methods, including spectroscopy and immunoassays, to quickly determine the potency, quality, and safety of cannabis products. Portable testing devices are especially valuable for law enforcement agencies, regulators, and cultivators who require immediate results without the need for extensive laboratory infrastructure.
DNA-based Testing:
Advancements in DNA-based testing have revolutionized cannabis strain identification and authentication. By analyzing the unique genetic profiles of cannabis strains, DNA-based testing can accurately determine the origin, lineage, and genetic stability of different cultivars. This technology helps prevent mislabeling and counterfeit products, ensuring consumers receive the exact strain they intend to purchase.
Artificial Intelligence (AI) and Machine Learning:
The integration of AI and ML algorithms in cannabis testing has significantly enhanced data analysis and interpretation. These technologies can process large datasets, identify patterns, and provide valuable insights for quality control and product development. AI-powered systems can also assist in predicting cannabinoid profiles, optimizing cultivation practices, and streamlining regulatory compliance.
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The conversation surrounding cannabis has significantly evolved. The range of cannabis use is extensive, and the line between medical and recreational use is often blurred. Cannabis can serve as a self-medicated treatment that offers relief based on personal preference rather than relying solely on pharmaceutical drugs. Both individuals with a prescription for medical cannabis and adults seeking recreational use participate in this emerging market. The reasons for using cannabis vary widely, from a basic desire to relax to a deeper quest to alleviate various symptoms and disorders. Cannabis encourages individuals to explore its potential in a way that is unique to them, situated at the crossroads of enjoyment and well-being.
Cannabis use is a controversial topic due to its diverse cannabinoids and concentrations, with CBD approved for seizures and THC used for nausea and appetite in cancer patients. However, pain is another area where evidence is mixed. Patients report improved quality of life from cannabis use, and animal models show potential. Human studies are also mixed due to the variety of administration routes, including smoking, vaping, edibles, tinctures, and topicals, making it difficult to study rigorously. A randomized trial is almost needed for every indication and product combination.
Cannabis use disorder is a legitimate disorder in the DSM, but problematic use can lead to mental health consequences. Those with a family history of psychosis or schizophrenia should avoid using cannabis early in adolescence. Cannabis can trigger psychotic symptoms and potentially long-lasting problems. It's difficult to study if cannabis helps manage early negative symptoms of schizophrenia and if the impact of cannabis on the developing brain could increase the risk of using other substances later or finding them more reinforcing.
Legalizing cannabis can significantly improve public health by removing it from the illegal underground market and allowing legitimate businesses to handle it. This ensures product quality control and labeling, reducing the risk of over-policing. While the current labels are variable, they are making progress. Legalizing cannabis can also help reduce the criminalization of communities of color and minorities, as drug laws have historically criminalized these groups. Overall, legalizing cannabis can significantly improve public health.
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The legal cannabis, CBD, and hemp industries are expanding rapidly across the country, with several proposed federal legalization bills currently under discussion. In a nation divided on nearly every other issue, the widespread support for medical cannabis among Americans makes the swift move toward full legalization unsurprising. Minnesota is on the brink of legalizing cannabis for adult use. While some states initially take cautious steps, the growing benefits, such as increased employment and tax revenue for local governments, are driving greater demand and accelerating the push for broader legalization.
With federal cannabis legalization in uncertainty and individual states authorizing cannabis sales and production, professionals such as CPAs find themselves in a difficult position. On the one side, cannabis businesses require accounting support to remain compliant and maintain their licenses.The truth is that thousands of businesses are springing up all over the place, and there aren't enough qualified accountants to go around.
The primary misconceptions around offering accounting services to the cannabis and CBD/hemp sectors are listed below:
This is the "all-cash" industry. Actually, credit unions and banks serve cannabis businesses in various states. Businesses generate a large amount of cash. Thus, cash controls and processes are crucial for preventing fraud and theft. Furthermore, many cannabis business owners possess two to ten non-cannabis firms, such as a real estate or equipment company, which have better access to finance.
The federal government is now reviewing the SAFE Banking Act, and cannabis businesses should soon have simpler access to banking and merchant services.
Cannabis must be a terrible "niche" for CPAs: There are currently very few CPAs in the niche, so there is a huge opportunity. Many surveys have shown that solo CPAs suffer the most when obtaining exceptional clients, and if that's the case for specific companies, this could be their opportunity to discover high-paying clients effortlessly. Many people will spend in the six figures for world-class accounting, tax, and CFO services.
When one considers that a modest mom-and-pop cannabis firm, whether a farm, dispensary, or vertical integration, can soon grow to a $10-$20 million company, these clients are willing to pay high prices for reliable accounting and tax services. Cost accounting is complex, and the founders and investors value accuracy.
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