Cannabis Regulation: A Primer
California is famous-or infamous, depending on your perspective- for their comprehensive consumer protection laws. While many decry these burdensome, costly regulations, they save lives and foster safer living conditions. The author is not against regulations per se but believes that products with similar risks should be subject to similar regulations.
In this vein, California requires all cannabis products to be tested for pesticides and other harmful contaminants prior to sale. Tobacco products, on the other hand, are not subject to any such testing, which seems inappropriate as they are grown and manufactured under similar conditions and using similar types of contaminants. This piece asks a simple question-If cannabis product are held to such a high standard, why are tobacco products not also held to comparable standards?
Briefly, California permitted cannabis to be used for medicinal purposes in 1996 (Prop 215) and for recreational use in 2016 (Prop 64). At the same time, cannabis taxes were imposed on cultivators, manufacturers, and retail dispensaries. With the objective of protecting consumer health, cannabis regulations include the requirement to test for cannabinoids, Category1 and 2 pesticides, microbial impurities, and mycotoxins. If analysis detects a substance above the permitted level, the product cannot be sold unless remediation cures the issue. Levels of detection are extremely low (either in parts per million or parts per billion) and the detection of any Category 1 pesticide renders the product unsaleable.
Cannabis contains THC, which is classified as a Schedule 1 drug with the likes of heroin, LSD and mescaline. Tobacco contains nicotine, which is overwhelmingly acknowledged to be highly addictive and yet there are no stated maximums for the amount of nicotine in tobacco products Ironically, it is not the amount of THC which regulations seek to control. rather, cannabis products are singled out for various contaminants- the same contaminants that are also found in tobacco.
Sure, tobacco products are regulated. Consider the Bureau of Alcohol, Tobacco, Firearms and Explosives. This organization works to minimize the availability of counterfeit tobacco products manufactured with lower quality control standards, and to maximize state and federal revenues. However, that’s not enough. Tobacco products do cause significant health issues. The state of California estimates that 40,000 Californians die annually due to tobacco-related illnesses. Tobacco products kill more people than HIV, illegal drugs, alcohol, motor vehicle accidents, suicides and homicides combined. Yet they are not deemed worthy of testing for the same contaminants as cannabis?
Let’s consider a test performed by a licensed cannabis testing lab on November 1, 2021. The test was performed on Marlboro cigarettes which were purchased in Palm Springs, California. The cigarettes “failed” the analysis for a Category 1 pesticide (Dimethomorph) and for a Category 2 pesticide (Azoyxstrobin). This means the cigarettes could not be sold if tobacco products were held to the same standard as cannabis products. Dimethoate is a cholinesterase inhibitor, meaning it affects the central nervous system and causes respiratory arrest, paralysis of respiratory muscles, intense broncho constriction or all three. Azoxystrobin is the common name for an organic compound that is used as a fungicide which is used for many crops as protection against fungal diseases. The level of the Category 2 pesticide exceeded the level allowed in cannabis products, which would prohibit it from being sold if this were a cannabis sample.
Scott Tindall
Advisor
Tobacco is broadly consumed in different forms in California and is directly responsible for significant medical costs, death, and long-term diseases. In spite of these facts, tobacco products are still not required to be tested for the same types of contaminants as cannabis.
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