Our hemp & CBD product testing experts can help you navigate the evaluations required to meet state & federal regulations. Learn more about our CBD Lab. Our experienced staff can test all hemp, CBD, and plant-based oil products, including raw plant material, extractions, infusions, and topicals. Visit our site to find out more.
Reliable CBD Product Testing: Regulation, Usage and Testing of Cannabis and Cannabinoids
Any discussion of cannabinoids must begin by defining the various terms which will be included in that discussion. Cannabis is a genus of flowering plants that are generally agreed to be comprised of three species: Cannabis sativa, Cannabis indica and Cannabis ruderalis.
Cannabinoids are naturally occurring constituents of the Cannabis plant which can be isolated for specific commercial and medicinal uses. Two of the most commonly discussed cannabinoids are 9-THC (Δ-9-tetrahydrocannabinol) and CBD (Cannabidiol).
Historically, the Cannabis genus of plants have been referred to by many names including “marijuana” and “hemp” but here in the US and especially since 2018, Industrial Hemp has been specifically defined (for regulatory purposes) as Cannabis sativa having a 9-THC content less than 0.3% (on the dried basis) which is sourced from a grower of Industrial Hemp licensed under the Agriculture Improvement Act of 2018 (better known as the 2018 Farm Bill, PL 115-334).
Federal Regulation of Cannabis and Cannabinoids
Prior to 2018, the US Department of Justice categorized all species of Cannabis and cannabinoids derived from them as Schedule I Controlled Substances, meaning they were categorized as being illegal substances having a high potential for abuse and no legitimate medical usage.
The 2018 Farm Bill removed Industrial Hemp (as defined above) from the Schedule I category of Controlled Substances, thereby opening the door for its usage in commercial applications. The Farm Bill however preserved the FDA’s authority over hemp products that fall under its jurisdiction.
Thus products that incorporate Industrial Hemp or cannabinoids derived from Industrial Hemp into their composition must meet any applicable FDA requirements and standards, just like any other FDA-regulated product.
Since the FDA has already approved a New Drug Application for a CBD drug product (Epidiolex) and has already approved several Investigational New Drug Applications for 9-THC, Section 201(ff)(3)(B) of the Food Drug and Cosmetic Act specifically forbids the usage of either CBD or 9-THC as dietary supplements or ingredients for human food or animal food.
Additionally, CBD and 9-THC may not be added to OTC drug products as active ingredients unless first approved by the FDA through a New Drug Application.
Except for CBD and 9-THC, the FDA does not currently restrict the use of any other cannabinoids derived from Industrial Hemp for use in human food or dietary supplements.
It should be noted that in December of 2018, the FDA granted GRAS (Generally Regarded As Safe) status to three hemp-seed derived ingredients for use in human food: hulled hemp seed, hemp seed protein powder, and hemp seed oil.
This decision was based upon the fact that the seeds of the hemp plant do not contain CBD or 9-THC.
State Regulation of Cannabis and Cannabinoids
At the State level, there is tremendous variation in the regulation of Cannabis and cannabinoids.
Some states have legalized all species of Cannabis and the cannabinoids derived from them for use as a medicine, recreational drug, food ingredient or dietary supplement.
Other states simply observe Federal law while others have adopted intermediate positions between total legalization and what Federal law currently allows regarding the use of Industrial Hemp.
This contradicting patchwork of Federal law and State regulations has given rise to many complications affecting members of the marijuana industry.
For example, some banks have adopted policies of not providing loans to industry members participating in activities beyond what Federal law currently allows, even if they are located within a state which has ‘legalized’ all Cannabis species; Some courts refuse to hear cases brought by industry members in attempts to recoup money owed them by vendors or client organizations since they are viewed as participating in “illegal” activities which violate Federal law.
Clearly, until there is a harmonization of Federal and State laws, this legal turmoil will continue to plague the marijuana industry.
Commercial Usage of Cannabis and Cannabinoids
Although Cannabis contains many cannabinoids, terpene compounds and other naturally occurring components of biological interest, 9-THC and CBD have thus far received the most interest for commercial applications.
In States where all species of Cannabis have been legalized, a wide range of products is offered which contain 9-THC and/or CBD including recreational drug “candies” (e.g., gummy bears), food or beverage items and even some dietary supplements – all in direct violation of Federal law and the Food, Drug and Cosmetic Act.
Of a far less controversial nature, many cosmetic and personal care products now include CBD derived from Industrial Hemp as a featured ingredient.
Dietary supplements free of CBD and 9-THC but containing other cannabinoids and components derived from Industrial Hemp (e.g., hemp seed oil) are legal in all jurisdictions and are also growing in popularity.
So What Can We Conclude From All of This?
- 9-THC and CBD are only two of the many cannabinoids naturally occurring in all species of the Cannabis plant.
- For regulatory purposes, Industrial Hemp is defined as the Cannabis species Cannabis sativa having a 9-THC content less than 0.3% (on the dried basis) which is sourced from a grower of Industrial Hemp licensed under the Agriculture Improvement Act of 2018 (better known as the 2018 Farm Bill, PL 115-334).
- Federal law allows the use of Industrial Hemp and constituents derived from it in a wide range of products, however, some uses are restricted by FDA.
- The Food, Drug and Cosmetic Actstrictly forbidsthe use of9-THC and/or CBD as dietary supplements and ingredients in human food, animal food and OTC Drugs. (Dietary supplements, human food, animal food and OTC Drugs may contain Industrial Hemp or components derived from Industrial Hemp so long as 9-THC and CBD have been excluded.)
- Cosmetic and Personal Care products may legally contain Industrial Hemp and its derivatives including CBDat any level and 9-THC below 0.3%.
- Contradictions between Federal and State laws have given rise to significant legal and business issues which currently plague the marijuana industry beyond the usage of Industrial Hemp in regulated products.
Let CPT℠ assist with your CBD Product Testing from your Cannabis-derived raw materials to the final Cannabinoid-containing products.
CPT℠ is an ISO/IEC 17025 accredited laboratory for conducting Cannabinoid Content Testing in raw materials and finished products. We can assist in determining the quality and legality of your raw materials and finished products regardless of their form.
Cosmetic/personal care products, foods, dietary supplements and beverages all fall within our area of expertise when testing for specific cannabinoids such as 9-THC and CBD or compiling a complete cannabinoid profile. Why not contact us today?
Hemp & CBD Testing: Packages & Analyses
Since 1966, Badger Laboratories has provided our clients throughout United States with certified analytical services throughout multiple industries in our state-of-the-art laboratories. Our careful consultation and personal attention towards each client over the years has resulted in customer retention that we strongly value. Since 2019, our experienced staff has been dedicated to the Hemp and CBD market and can test all products including plant-based oil products, raw plant material, edibles, extractions, infusions, topicals and many other matrices. Standard turn-around time is 1-2 business days for potency and 3-5 business days for full panel testing upon arrival at our lab. We will match or beat any other labs pricing and discount bulk orders. We hope to hear from you and would be happy to serve you as one of our valued customers.
CANNABINOID PROFILE (POTENCY)
Badger Labs can analyze and report on your Certificate of Analysis that THC levels in Hemp and CBD products are at or below 0.3%. Your Certificate of Analysis will contain 11 cannabinoids including Total THC and CBD values.
Flower and Product testing both available. Testing includes: CBC, CBD, CBDA, CBDV, CBG, CBGA, CBN, THC-A, THCV, Δ8-THC and Δ9-THC, and are analyzed by Agilent 1220 Infinity II HPLC.
- Standard List: Includes As, Cd, Pb, Hg
- Full Scan: Includes 25 Metals
Heavy metal contamination can come from contaminated soil, fertilizers, or metals leached from the components in e-cigarettes or vaping pens. Using Inductively Coupled Plasma Mass Spectrometry (ICP/MS), we can analyze your CBD, hemp, and other plant-based products for toxic heavy metals including lead, arsenic, cadmium, and mercury.
Heavy metals are analyzed by Agilent ICP-MS.
Badger Labs can test for total microbial counts of E. coli, Yeast and Mold, Aerobic Plate Count, Total Enterobacteria, and Salmonella in flowers and CBD products.
Microbial impurities are analyzed by plate count.
In addition to its impact on the sample weight, the stability of cannabis, and its susceptibility to negative factors such as mold growth, is affected by the moisture content of the sample. Badger Labs can test the moisture content of your sample to ensure you’re getting the most accurate analysis.
Badger Labs can analyze and detect biological contamination in products from mycotoxins, including Aflatoxins and Ochratoxins.
Mycotoxins testing includes: Aflatoxin B1, B2, G1, G2 and Ochratoxin A, and is analyzed by Agilent Ultivo LC-QQQ.
Badger Labs testing meets or exceeds requirements for all states within the U.S. for potentially harmful chemicals including, insecticides, fungicides, and plant growth regulators. Seventy-two analytes from California’s regulatory list are included in the analysis.
Pesticides testing is analyzed by Agilent Ultivo LC-QQQ and includes:
- Carbaryl (Sevin)
- Dichlorvos (DDVP)
- Kresoxim methyl
- Methyl parathion
- Piperonyl butoxide
- Propoxur (Baygon)
Solvents can be introduced during the extraction or manufacturing of cannabis products. Badger Labs tests for all Category I and many Category II solvents.
Residual solvents testing is analyzed by Agilent Intuvo 9000 GCMS and includes:
Terpenes are important to the taste, smell, and stimulating effects of plant-based essential oils and other botanical products. Badger Labs tests for a comprehensive list of no less than 38 terpenes commonly found in cannabis plants and their related products.
Terpenes are analyzed by Agilent Intuvo 9000 GCMS and includes:
- Caryophyllene Oxide
- Fenchyl Alcohol
- Geranyl Acetate
- Sabinene Hydrate
CBD & HEMP PANEL
Full Panel includes:
- Cannabinoid Profile (Potency)
- Heavy Metals (Standard)
- Microbial Impurities
- Residual Solvents
*Custom panels can be quoted upon request
Samples can be delivered in-person to any of our 3 locations or shipped directly to our Stevens Point Laboratory. Download shipping instructions here. Standard turn-around time is 1-2 business days for potency and 3-5 business days for full panel testing. Please contact us at 715.544.4900 if you have questions or about the availability for expedited analysis.