OCS: Decline in high-THC flower following launch of testing program

| David Brown

The OCS says they have seen a decline in the number of high-THC products in its catalogue after launching a testing program earlier this year. 

The Ontario Cannabis Store launched its temporary THC testing program on January 4, 2024. Under the program, the provincial cannabis wholesaler has been selecting high-THC cultivars coming into its warehouse for secondary testing

Any products with secondary testing results inconsistent with the THC levels posted on their label are subject to further scrutiny, including a potential return-to-vendor for re-labelling.

A representative from OCS tells StratCann that several products it carries have also been re-labelled with lower THC ranges since the program began. 

The issue of high THC products, primarily cannabis flower, is contentious in the cannabis industry and not limited to Canada or to the regulated market.

While research often shows that the THC percentage in most cannabis flower is in the high teens to low twenties, increasingly, many cannabis flowers on the market advertise having well over 30 percent, something considered statistically improbable but not impossible.

“The purpose of the OCS’s temporary THC testing program is to gather information and evaluate industry reports of inaccurate THC label claims on legal cannabis products. We look forward to leveraging our findings to further engage government and industry partners in support of testing and sampling standards.”

OCS spokesperson

The goal, says OCS, is to not only check against specific label claims but also to evaluate the larger claims and concerns that many cannabis products, especially cannabis flower products, have highly inflated THC levels on their labels.

“The OCS will not share commercially sensitive information publicly,” said the spokesperson in an email.  “The purpose of the OCS’s temporary THC testing program is to gather information and evaluate industry reports of inaccurate THC label claims on legal cannabis products. We look forward to leveraging our findings to further engage government and industry partners in support of testing and sampling standards.”

The OCS covers the cost of testing, which is done through a third-party lab. Any products within an acceptable range of variance (±15%) will be released for sale. Note: “±15%” refers to the variance from the label claim; it does not refer to actual percentage points. For example, a product labeled at 20% THC could be allowed to fall within about 17-23% THC because 15% of 20% is 3%.

Producers whose product falls outside of that range have five days to dispute any results that find their product’s true THC level is not aligned with what is stated on the label. 

If disputed, the OCS will send it back to the same third-party lab for more testing. If it fails again, the product will be sent back to the producer at their cost. 

Winton also says the OCS has not included product calls for High THC products in its last seven  Assortment Needs Bulletins, which are published four times a year before each product call launch.   

“The OCS is committed to working with government and industry partners to ensure consumers have confidence in legal cannabis products. We thank our network of Licensed Producers for their patience and cooperation as we continue to roll out this new temporary program.”

Concerns around inflated THC numbers have prompted many in the industry, from labs to producers, consumers, and retailers, to call on the federal and even provincial governments to do more to ensure that THC levels reported on labels are accurate. 

In 2023, Rob O’Brien, the CEO and CSO of Supra Research and Development in Kelowna, BC, shared his independent testing results online from 46 different cannabis products he purchased from BC Cannabis Stores.

Last year, Health Canada also announced it was launching a data-gathering program on cannabis markets in Canada that will include sampling and testing of both legal and illegal products currently in the market.

As part of the program, Health Canada’s Regulatory Operations and Enforcement Branch (ROEB) Cannabis Laboratory will randomly purchase cannabis products from authorized retailers in Canada. It will also work with various law enforcement agencies to test samples of illicit cannabis products. 

Health Canada routinely inspects cannabis facilities and conducts secondary testing on cannabis but maintains it does not inspect cannabis labs that provide the results used by these cannabis producers.

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