A new study funded by a small cadre of marijuana businesses in California found that intoxicating hemp products proliferating across the state are not technically “hemp” at all, based on the strict federal definition of hemp as cannabis with 0.3% delta-9 THC by dry weight.
The findings indicated that a majority of hemp products purchased and lab-tested by the group were mostly “synthetic intoxicants and illicit THC” that generally does not comply with state or federal cannabis laws. The investigation was paid for by retail chains Embarc, March and Ash, and a Southern California chapter of the United Food and Commercial Workers Union, backers said during a press conference presenting the findings.
“We’ve been watching the hemp industry emerge, and really, it’s basically exploded into a marketplace of highly intoxicating products,” said Tiffany Devitt, director of regulatory affairs with Groundwork Holdings, the parent company of March and Ash.
The problem, she said, is the new hemp trade lacks all of the institutional “checks and balances” that have been set up for the legal marijuana industry, which has led to a corruption of hemp products that simply aren’t what they say they are.
The findings, which were published in a white paper dubbed “The Great Hemp Hoax,” were based on lab test results from 108 hemp products made by 68 brands. Fifty-six of the products easily surpassed the federal THC limit for hemp; 88 of the products failed to meet the threshold set by California’s stricter hemp definition. Almost all of the samples – 95% – contained one or more prohibited synthetic cannabinoids.
The products tested by the study included some of the more well-known brands, Devitt said, including Cookies, Ikonik, Top Shelf and Cheech & Chong hemp products.
Not only that, but most were also made with synthetic cannabinoids that Devitt said were closer in nature to the now-banned “Spice” synthetic marijuana, also a major red flag that she said should catch the eyes of regulators. A whopping 47% of the products tested came up positive for THCP, a synthetic cannabinoid that Devitt said is roughly 30 times more potent than naturally occurring THC from cannabis.
In addition, 86% of the hemp products tested positive for synthetic delta-8 THC, 84% tested positive for synthetic delta-9 THC, 34% tested positive for the synthetic HHC, and 6% tested positive for the synthetic THCO.
Most of the products were also unlawfully potent, with 84% of the tested hemp gummies over the THC serving limit, with an average of 1,388 milligrams of THC per package and 89 milligrams of THC per gummy. The study further found that 81% of all products tested were beyond the state package limit of 100 milligrams of THC.
The study was released as California lawmakers prepare to again debate potential new rules for hemp companies, after a push last year at rolling intoxicating hemp into the marijuana supply chain fell short. In response, Gov. Gavin Newsom issued emergency rules essentially banning any hemp products that had any amount of THC.
But the products purchased and tested by the cannabis companies were all bought after Newsom’s order, Devitt said, underscoring the need for action by the state.
“California voters never intended for intoxicating ‘hemp’ products to bypass our regulated cannabis system,” Amy Jenkins, executive director of the California Cannabis Operators Association, said in a press release. “Gov. Newsom’s emergency regulations were a critical first step, but they expire in March 2025. Their reauthorization is essential. We also urge the legislature to advance policies that ensure all intoxicating cannabinoid products are subject to robust regulatory oversight and stronger enforcement — especially against online retailers disregarding our consumer protection laws.”
Great Hemp Hoax white paper Sponsors of the study called on California lawmakers to reauthorize emergency rules that expire next month. Read More
