- Full-Panel COAs are Essential: To ensure safety and compliance, always require a full-panel Certificate of Analysis (COA) that tests for Delta-8, Delta-9, and any potential byproducts.
- GCMS for Accurate Results: Advanced testing methods like Gas Chromatography with Mass Spectrometry (GCMS) provide more accurate results than traditional methods like HPLC.
- Re-test Products from Suppliers: Re-testing products from suppliers can protect your business from mislabeling and ensure you sell compliant products.
As a cannabis retailer, understanding the complexities of Delta-8 and Delta-9 THC can feel overwhelming, but it’s crucial for keeping your products compliant and your business safe from legal risks. We’re here to guide you through it. Our last blog discussed the importance of Certificates of Analysis (COAs) and why third-party lab testing is a critical step for retailers. If you missed it, you can check out Part 1 here to understand how COAs play a key role in maintaining product safety and compliance.
In this second part, we’ll explore the specific challenges of testing Delta-8 and Delta-9 THC—two cannabinoids that often cause confusion if not tested properly. Ryan Bellone, Chief Commercial Officer of KCA Labs and an expert in cannabis testing, will illuminate the nuances of the testing process. By the end of this guide, you’ll feel more confident in navigating these complexities and ensuring your products meet legal standards while keeping your customers happy and your business running smoothly.
Why Testing Delta-8 vs. Delta-9 THC is Critical for Retailers
For cannabis retailers, accurate testing of Delta-8 and Delta-9 THC is crucial not only for product quality but also for staying within legal boundaries. Delta-8 THC is federally legal under the 2018 Farm Bill, but only if the Delta-9 THC content remains below 0.3%. Any product exceeding this limit is classified as marijuana and subject to far stricter regulations.
Bellone highlighted the common issue of Delta-9 THC appearing as a byproduct during the conversion of CBD to Delta-8. “Even if you start with CBD, the conversion makes Delta-9 THC, and sometimes Delta-8 and Delta-9 are hard to distinguish without advanced testing methods,” Bellone explained.
This complexity underscores the importance of accurate testing, as mislabeling a product with too much Delta-9 THC can lead to serious legal consequences for retailers, including fines, penalties, or even the loss of business licenses. Retailers must ensure they are sourcing products that have been rigorously tested to remain compliant with federal regulations.
Tip for Retailers: Always request a full-panel COA from a third-party lab to verify that Delta-9 levels remain compliant (under 0.3%) in any Delta-8 product you intend to sell.
Bonus Tip: Perform due diligence by re-testing products from new suppliers. This step helps you avoid costly legal mistakes and ensures your products comply before they hit the shelves.
HPLC vs GCMS: Which Testing Method Ensures Accurate Delta-8 and Delta-9 THC Results?
Many testing labs rely on High-Performance Liquid Chromatography (HPLC) to identify and quantify cannabinoids like Delta-8 and Delta-9. However, Bellone highlighted a key issue with this method. “On HPLC, Delta-9 can sometimes look like Delta-8,” Bellone said. This can result in misleading COAs, making products appear compliant when they are not.
Advanced testing methods such as Gas Chromatography with Mass Spectrometry (GCMS) are increasingly being used to combat this. GCMS allows for better separation and identification of cannabinoids, providing more accurate results that retailers can trust.
Tip for Retailers: When sourcing Delta-8 products, ask about the lab’s testing methods. Ensure they use GCMS or other advanced methods to distinguish between Delta-8 and Delta-9 THC levels clearly.
How to Choose a Reliable Lab for Cannabis Testing
Choosing a reliable lab for testing your Delta-8 and Delta-9 products is one of the most important decisions you’ll make as a cannabis retailer. Not all labs are equipped to provide the accurate and unbiased results you need. As Bellone noted, “There are seller laboratories that provide favorable results to manufacturers, but buyers need to work with labs that provide accurate, unbiased results.”
Here are some key factors to look for when choosing a lab:
- ISO 17025 Accreditation: This international standard ensures that a lab has met specific testing requirements for quality and competency.
- Third-Party Independence: Ensure the lab is not affiliated with the product’s manufacturer or supplier. This helps ensure unbiased results.
- Experience with Delta-8 Testing: Not all labs specialize in Delta-8 THC, so it’s important to find one that has experience with the unique challenges of testing this cannabinoid.
- Advanced Testing Methods: Labs using GCMS or similarly advanced technology will provide more accurate readings for Delta-8 and Delta-9 THC content.
- Reputation and Reviews: Look for labs with a good reputation in the industry and that are known for their thoroughness and accuracy.
Tip for Retailers: Partner with a lab that meets these criteria to ensure you receive the most accurate, reliable results for your Delta-8 and Delta-9 products. A solid lab partnership protects your business from compliance issues and builds consumer trust.
How Cannabis Retailers Can Stay Ahead of Changing Regulations
The cannabis regulatory landscape is constantly evolving, particularly around Delta-8 and Delta-9 THC. While Delta-8 remains federally legal, state laws are becoming more restrictive, making it crucial for retailers to stay informed and adaptable to new rules. Falling behind could result in non-compliant products on your shelves, exposing your business to unnecessary risks.
Here are a few practical steps retailers can take to stay ahead of these changes:
- Join Industry Associations: Cannabis industry associations often provide timely updates on both federal and state-level changes. Joining groups like the National Cannabis Industry Association (NCIA) can keep you informed about the latest regulatory shifts.
- Hire Compliance Experts: Consider working with a compliance consultant who specializes in cannabis laws. They can help navigate state-by-state regulations and ensure you’re always up to date.
- Subscribe to Legal Newsletters: Many law firms and industry groups offer free newsletters focused on cannabis compliance. Subscribing to these updates is easy to stay informed without doing all the legwork yourself.
- Monitor Government Websites: Regularly check your state’s official government website for updates on cannabis laws. This can help you stay ahead of new regulations before they affect your business.
By monitoring changing regulations, you can avoid potential legal issues and ensure your business stays compliant, no matter how quickly the laws evolve.
Key Takeaways to Ensure Accuracy with Third-Party Testing
For cannabis retailers, understanding the complexities of Delta-8 and Delta-9 testing is essential for staying compliant and protecting your business. Working with a reliable, independent lab that uses advanced testing methods is the key to ensuring your products meet legal standards and are safe for your customers.
To dive deeper into this topic, listen to the full episode of High Profit featuring Kush.com CEO John Lynch and Ryan Bellone. And don’t forget to check out Part 3 of this series, where we cover best practices for maintaining product quality in your cannabis business.
Tyana Daley
