Missouri cannabis regulators will begin unannounced inspections of marijuana dispensaries next month as part of a new initiative to verify the accuracy of licensed testing laboratories. Starting July 1, 2024, personnel from the Division of Cannabis Regulation will visit dispensaries without prior notice and collect approximately 50 products each month for testing. These samples will be sent to the Missouri State Public Health Reference Laboratory to check for contaminants such as mold and pesticides.
Ryan Bernard, manager of the testing and research unit at the Division, stated that this initiative aims to enhance compliance within the industry. While he expressed confidence in the current testing labs, he acknowledged the need for this oversight. “We won’t know until we see the data,” Bernard remarked, emphasizing that the division does not anticipate finding significant issues.
However, experts in cannabis testing have warned that regulators may be surprised by the findings. Josh Swider, vice chair of the cannabis working group for the American Council of Independent Laboratories, indicated that previous shelf testing in other states has often revealed serious deficiencies. He cited a recent incident in Arizona where a cannabis lab was flagged for over a dozen deficiencies, including inadequacies in potency testing and detection of pesticides and microbes. Swider noted that the pesticide levels found in Arizona products were alarming, suggesting systemic issues in cannabis testing nationwide.
In Missouri, regulators have expressed concerns about inflated THC levels in products, which have also been reported in other states. Previously, Missouri regulators discussed implementing a “round robin” testing system, where labs would independently verify each other’s results. This plan, aimed at addressing reliance on for-profit testing facilities, never materialized due to various complications. As a result, the unannounced sampling will mark the state’s initial effort to enforce compliance in cannabis testing.
For the fiscal year beginning July 1, Missouri allocated $3.8 million for testing at state laboratories, yet much of this funding remained unspent due to the slow implementation of testing methods. An additional $2.4 million has been budgeted for the current fiscal year ending June 30, but it’s unclear how much has been used thus far. Bernard noted that the budget for the Division of Cannabis Regulation operates independently from state public health lab funding, complicating financial oversight.
Swider highlighted that the average cost of a standard cannabis test in Missouri is around $400. Given the budget for testing, the cost per test could skyrocket to $4,000 if the allocated funds are divided by the planned 600 tests annually, raising concerns about the sustainability of the testing system.
Bernard acknowledged that sampling 50 products from over 500,000 product tags in the state would not provide a comprehensive picture of the market. He referred to this initial sampling as a preliminary step toward establishing a more robust testing framework. Delays related to funding and equipment shortages have hindered the state lab’s ability to ramp up testing capabilities.
Concerns have also been raised about the concentration of testing in Missouri, where 82% of cannabis testing is conducted at a single lab, which has reported significantly lower failure rates for mold detection than national averages. During a panel at the MJ Unpacked cannabis conference, it was revealed that this lab’s failure rate for Aspergillus mold was less than 0.5%, compared to a national average of 3.8%.
Despite these concerns, Bernard maintains confidence in the testing standards across the board, stating that all labs are held to the same accreditation standards. He noted that any further investigation into discrepancies would be necessary, but he believes the industry is generally complying with testing requirements.
As Missouri prepares to launch its unannounced inspections, the outcome of these tests could have significant implications for the state’s cannabis industry, potentially influencing regulatory practices and consumer safety measures in the future.
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