Colorado Marijuana Regulators Consider Major Changes to How Labs Test for Contaminants
Unelected doesn't mean harmless.
Colorado marijuana manufacturers would no longer be allowed to choose which product samples they send for mandatory lab testing under a new regulatory proposal discussed at a policy forum on Friday.
Instead, the state’s Marijuana Enforcement Division may require independent labs or outside vendors to collect product samples for the testing that’s required before companies can sell their products to ensure they’re free of contaminants.
The change would address a long-standing complaint from some marijuana manufacturers that bad actors are cheating the system. They say some companies are selecting samples that can pass tests while sending products to dispensaries that might be contaminated with chemical solvents, fungus or pesticides.
A Denver Gazette and ProPublica investigation last month showed that the system for testing marijuana products relies on an honor code that’s open to manipulation.
In 2024 alone, Colorado officials found two dozen cases in which companies had violated testing rules, often by submitting samples that were different from what the companies sold in stores or by using unauthorized chemical treatments, according to a review of enforcement actions by the news outlets. The state’s rules on selecting samples require what gets turned over to a lab to be representative of what marijuana companies actually deliver to dispensaries for sale to consumers.
“Sample adulteration is a common violation,” Kyle Lambert, deputy director of the division, said during the policy forum. “This is something that we have an interest in more comprehensively addressing based on what we see out there.”
Colorado officials have long prided themselves on creating the nation’s first regulated recreational marijuana market, but the news outlets found that the state has fallen behind as other states have adopted more robust regulations.
The Denver Gazette and ProPublica highlighted how a popular brand of vapes contaminated with a toxic chemical ended up at marijuana dispensaries. In that case and others, manufacturers were found by regulators to be swapping marijuana distillate, the liquid that goes in vapes, for products chemically converted from much cheaper hemp, which is prohibited in Colorado. The company, Ware Hause, surrendered its marijuana manufacturing license. Its owner declined to comment on Tuesday.
The Marijuana Enforcement Division first disclosed it is considering a new sampling system in January. The state’s move marks a shift: Last year, the state fought a lawsuit by a marijuana cultivator aimed at forcing the division to overhaul its testing rules. The suit, brought by Mammoth Farms, also pushed for the division to bar manufacturers from selecting product samples for testing. The division’s lawyers said in a court filing that such a revision would be “impracticable.”
A Denver judge dismissed the lawsuit on technical grounds in May, stating that the company should have first petitioned regulators for rule changes. After the dismissal, Mammoth Farms sought rule changes with the Marijuana Enforcement Division. The division agreed to begin requiring more chemical testing this summer but did not adopt a proposal to overhaul how …
Unelected doesn't mean harmless.
Colorado marijuana manufacturers would no longer be allowed to choose which product samples they send for mandatory lab testing under a new regulatory proposal discussed at a policy forum on Friday.
Instead, the state’s Marijuana Enforcement Division may require independent labs or outside vendors to collect product samples for the testing that’s required before companies can sell their products to ensure they’re free of contaminants.
The change would address a long-standing complaint from some marijuana manufacturers that bad actors are cheating the system. They say some companies are selecting samples that can pass tests while sending products to dispensaries that might be contaminated with chemical solvents, fungus or pesticides.
A Denver Gazette and ProPublica investigation last month showed that the system for testing marijuana products relies on an honor code that’s open to manipulation.
In 2024 alone, Colorado officials found two dozen cases in which companies had violated testing rules, often by submitting samples that were different from what the companies sold in stores or by using unauthorized chemical treatments, according to a review of enforcement actions by the news outlets. The state’s rules on selecting samples require what gets turned over to a lab to be representative of what marijuana companies actually deliver to dispensaries for sale to consumers.
“Sample adulteration is a common violation,” Kyle Lambert, deputy director of the division, said during the policy forum. “This is something that we have an interest in more comprehensively addressing based on what we see out there.”
Colorado officials have long prided themselves on creating the nation’s first regulated recreational marijuana market, but the news outlets found that the state has fallen behind as other states have adopted more robust regulations.
The Denver Gazette and ProPublica highlighted how a popular brand of vapes contaminated with a toxic chemical ended up at marijuana dispensaries. In that case and others, manufacturers were found by regulators to be swapping marijuana distillate, the liquid that goes in vapes, for products chemically converted from much cheaper hemp, which is prohibited in Colorado. The company, Ware Hause, surrendered its marijuana manufacturing license. Its owner declined to comment on Tuesday.
The Marijuana Enforcement Division first disclosed it is considering a new sampling system in January. The state’s move marks a shift: Last year, the state fought a lawsuit by a marijuana cultivator aimed at forcing the division to overhaul its testing rules. The suit, brought by Mammoth Farms, also pushed for the division to bar manufacturers from selecting product samples for testing. The division’s lawyers said in a court filing that such a revision would be “impracticable.”
A Denver judge dismissed the lawsuit on technical grounds in May, stating that the company should have first petitioned regulators for rule changes. After the dismissal, Mammoth Farms sought rule changes with the Marijuana Enforcement Division. The division agreed to begin requiring more chemical testing this summer but did not adopt a proposal to overhaul how …
Colorado Marijuana Regulators Consider Major Changes to How Labs Test for Contaminants
Unelected doesn't mean harmless.
Colorado marijuana manufacturers would no longer be allowed to choose which product samples they send for mandatory lab testing under a new regulatory proposal discussed at a policy forum on Friday.
Instead, the state’s Marijuana Enforcement Division may require independent labs or outside vendors to collect product samples for the testing that’s required before companies can sell their products to ensure they’re free of contaminants.
The change would address a long-standing complaint from some marijuana manufacturers that bad actors are cheating the system. They say some companies are selecting samples that can pass tests while sending products to dispensaries that might be contaminated with chemical solvents, fungus or pesticides.
A Denver Gazette and ProPublica investigation last month showed that the system for testing marijuana products relies on an honor code that’s open to manipulation.
In 2024 alone, Colorado officials found two dozen cases in which companies had violated testing rules, often by submitting samples that were different from what the companies sold in stores or by using unauthorized chemical treatments, according to a review of enforcement actions by the news outlets. The state’s rules on selecting samples require what gets turned over to a lab to be representative of what marijuana companies actually deliver to dispensaries for sale to consumers.
“Sample adulteration is a common violation,” Kyle Lambert, deputy director of the division, said during the policy forum. “This is something that we have an interest in more comprehensively addressing based on what we see out there.”
Colorado officials have long prided themselves on creating the nation’s first regulated recreational marijuana market, but the news outlets found that the state has fallen behind as other states have adopted more robust regulations.
The Denver Gazette and ProPublica highlighted how a popular brand of vapes contaminated with a toxic chemical ended up at marijuana dispensaries. In that case and others, manufacturers were found by regulators to be swapping marijuana distillate, the liquid that goes in vapes, for products chemically converted from much cheaper hemp, which is prohibited in Colorado. The company, Ware Hause, surrendered its marijuana manufacturing license. Its owner declined to comment on Tuesday.
The Marijuana Enforcement Division first disclosed it is considering a new sampling system in January. The state’s move marks a shift: Last year, the state fought a lawsuit by a marijuana cultivator aimed at forcing the division to overhaul its testing rules. The suit, brought by Mammoth Farms, also pushed for the division to bar manufacturers from selecting product samples for testing. The division’s lawyers said in a court filing that such a revision would be “impracticable.”
A Denver judge dismissed the lawsuit on technical grounds in May, stating that the company should have first petitioned regulators for rule changes. After the dismissal, Mammoth Farms sought rule changes with the Marijuana Enforcement Division. The division agreed to begin requiring more chemical testing this summer but did not adopt a proposal to overhaul how …
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