THC Potency: A New Type of Prohibition
- sessmith92
- 4 hours ago
- 6 min read
By Samantha Haas
Published initially on Potguide.com--- July 1, 2021
Legalization prohibition may be over in several states, but a new type of prohibition could be on the horizon: THC potency limits. This topic is becoming popular among lawmakers, scientists, and those in the cannabis industry overall. But where exactly do these lawmakers want to cap THC levels, and why? What does science tell us? What new problems could potency limits lead to? First, let’s take a look at what is considered a high amount of THC in a product to begin with.
Whether you’re talking about cannabis flower, concentrates, edibles, oils, or topicals, most cannabis products have some level of THC in them. Many consumers believe that anything over 25% is considered a high amount of THC, and while that is true, those who do not take part in cannabis or who are not involved with the cannabis industry may consider anything over 25% or less as too high of a percentage to be sold, even though the best-selling flower that is on dispensary shelves today typically contain more than 25% THC. All the same, the average THC content in cannabis products in the current market, both in the UK and America, is between 15-18%, which has been deemed by The Dutch Institute of Mental Health and Addiction (Trimbos Institute) as very high.
Below is a breakdown of a study from their study regarding potency.
Graphic courtesy of https://dutch-passion.com
A separate study published on PLOSjournal.org noted that the average THC content in recreational products was higher (21.5-23.9%) than in medical products (16.8-19.3%). The study also found that the average CBD percentage has gone down from .41% in 2008 to .15% in 2017.
The PLOSjournal.org study went on to state that lawmakers have merit to discuss potency limit laws because state-run medical cannabis programs are not using scientific evidence to develop a plan for safely consuming cannabis, all while advertising high THC products to the public.
However, THC limits were not always as much of a concern as they are today. Many studies note that THC percentages in cannabis have had a significant increase in the past 60 years. A study by The Journal of the Missouri State Medical Association, in particular, found that between 1960 and 1980, the average THC content in cannabis flower was 2%. It then increased to 4% in the early 1990s. But by 2015, the average THC content saw a 212% increase. While there is no doubt an increase in THC has occurred in products across the board, the Missouri State Medical Association study pointed out that we should be more concerned with concentrates and edibles over flower because concentrated products can have up to 95% THC.
Author of the study, Dr. Elizabeth Stuyt, said, “There is absolutely no research that indicates this level of THC is beneficial for any medical condition. The purpose of these products is to produce a high, and increased potency makes them more dangerous and more likely to result in addiction.” Her study also found that increased potency started to result in withdrawal symptoms among users, such as irritability, restlessness, appetite loss, headache, insomnia, and cravings for cannabis.
So, what do American lawmakers think of all this? Many of them agree with the studies, particularly when it comes to the potential of addiction and its negative impact on mental health. Bills proposing potency laws have been introduced in Florida, Massachusetts, Montana and Washington state, with one bill already adopted in Vermont. A bill was also drafted in Colorado but immediately faced backlash after it was leaked to the public, which resulted in the bill not being officially introduced in the house. The following breaks down what all these bills included:
Vermont- S.54- Adopted
· Law applies to recreational products. There is currently no potency cap on medical cannabis products in Vermont.
· THC will be capped at 30% in flower and 60% in concentrates
A single package cannot exceed 50 milligrams of THC, other than non-consumable products, such as topical salves, and medical cannabis.
Edible servings are limited to five milligrams of THC. The number of servings must be listed on package.
· Restrictions are scheduled to take effect in May 2022
Colorado- Drafted, but not proposed (As of 2021)
· Would have capped all marijuana products at 15% on medical and recreational sides.
· If passed, around 65% of products in the Colorado market would be illegal to sell.
· It is currently unclear if this legislation will be proposed this year
Florida- HB 1445 & SB1958
· 10% THC cap for all marijuana flower
· 60% cap on all concentrates, excluding edibles
· Last action was taken on April 30 2021, which resulted in the bill being killed by the Health and Human Services Committee
· The bill was originally scheduled to take effect on July 1, 2021
· Revising a provision in regard to THC potency in edibles
· Authorizes the Department of Health to select and test all marijuana samples, rather than only edible samples, from cultivation, processing, and dispensing facilities, etc.
· Last action was taken on April 30 2021, which resulted in the bill being killed by the judiciary
· If passed, the bill was scheduled to take effect on July 1, 2021
Massachusetts- H.154 & S.74
· Cap would be at 10% for all flower
· Vape cartridges that hold over 5 milliliters of concentrate will be capped at 10%
· The house referred the bill to the Joint Committee on Cannabis Policy on March 29 2021 and the senate concurred.
· The Joint Committee on Cannabis Policy is set to have A virtual hearing on June 1, 2021.
· Would require the state Cannabis Control Commission to adopt “reasonable potency limits for each type of marijuana product” sold in the state.
· The bill is currently very vague and is unlikely to pass at this time because there would need to be a long conversation about what is considered a “reasonable” THC cap.
· The house referred the bill to the Joint Committee on Cannabis Policy on March 29 2021 and the senate concurred.
Montana- SB 341
· Proposes a 15% THC cap on all recreational marijuana products
· Implements penalties for recreational customers or recreational dispensaries who have or sell products that are over 15% THC
· Estimated to cost the state $1 million to implement
· Bill died in process in the Senate on April 29 2021
· If passed, the bill was scheduled to go into effect on October 1st 2021
Washington state- HB 1463
· Bans all concentrates over 30% THC
· Bill has been introduced in the house and is on the Governor’s desk to be reviewed.
· Bill is not expected to pass this year
Federal Report from the Caucus on International Narcotics Control: Cannabis Policy: Public Health and Safety Issues and Recommendations,
· Proposed by Sens. John Cornyn, TX (R) and Dianne Feinstein, CA (D)
· Received bipartisan support in the senate
· Supports potency caps on a federal level.
· Recommends that the National Institute of Health and The U.S. Food and Drug Administration develop their own THC potency cap on marijuana products.
So, we now know that the argument and concern surrounding THC potency, potential addiction, and its side effects is valid, and lawmakers are taking action. But what’s the cost for the cannabis industry? If THC potency caps become a reality, it could have a negative impact on the industry and the states that have legalized cannabis. From a revenue standpoint, varying potency limits could drive customers across state lines to buy products, therefore generating less tax revenue from state residents.
Medically speaking, THC is known to specifically treat chronic nausea and vomiting, side effects of chemotherapy, mood disorders, eating disorders, gastrointestinal disorders, wasting syndrome, and glaucoma. Therefore, it’s possible that the effectiveness of the cannabis that medical patients receive could go down as a result of potency limits. Lawmakers could argue that some states have only proposed restrictions on recreational products. Therefore, medical patients would not see a change in the medicine they need. However, some patients may not have access to see a cannabis physician or the means to pay the state fees that are typically associated with obtaining a medical marijuana card, so they have to buy recreationally.
However, the most important thing to note is that potency caps could create a new type of black market comprising high-potency products. Thereby decreasing the value of licensed provisioning centers, fueling a new kind of crime, and adding a new element to the war on drugs—making things worse than they already are.
It’s clear that there is some benefit to having this discussion, but until scientists have more funding to do in-depth research and lawmakers have a better understanding of cannabis, passing potency limit laws would demolish the progress that the cannabis industry has made in recent years.
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