Massachusetts cannabis regulators are “ramping up” a secret shopper program designed to ensure compliance with the state’s packaging and labeling requirements for legal marijuana, according to media reports published on Tuesday.
Under the state’s recreational cannabis regulations, the Massachusetts Cannabis Control Commission (CCC) has the authority “to pose as a customer” and buy cannabis products from licensed retailers for “investigative testing for compliance with laboratory testing standards and identification check requirements,” according to a report from MJBiZDaily.
Massachusetts cannabis regulators are ramping up a secret shopper program to help ensure compliance ... [+]
Inaccuracy in cannabis labeling, particularly for THC potency, will be one focus of the secret shopper visits. While on a panel discussing inaccurate THC potency levels on marijuana packaging at the New England Cannabis Convention in Boston on Saturday, CCC commissioner Ava Callender Concepcion said the agency was aware of the problem.
“There’s a secret shopper to make sure that the issue is being addressed,” Concepcion said, according to a report from Green Market Report.
Regulators Coast To Coast Seeking Accuracy In THC Potency Testing
Reports of fraudulent THC potency inflation have plagued the legal recreational marijuana industry since its inception more than 10 years ago. In Colorado, a recent study found that 70% of the cannabis flower products purchased had THC levels on their packaging that were at least 15% higher than the levels determined by an independent laboratory, nonprofit news source The Conversation reported last week. In California, the median THC of cannabis dropped from 30.7% to 28.5% in just three months after new state rules governing cannabis testing went into effect, according to data from market analyst Headset reported by SFGate earlier this month.
Cannabis products with high levels of THC are more desirable to many consumers, giving brands a powerful incentive to get the highest potency results they can from testing labs. This has led to lab shopping, where brands find the testing facilities that return the highest numbers. As a result, some labs have been accused of manipulating test numbers to fraudulently inflate reported THC levels.
“There’s no room for that. Testing is the thing that differentiates the regulated market from the unregulated market. The fact that people can go in as consumers and trust the product and know what they’re getting, that’s really important,” Concepcion said.
In an interview with Green Market Report, Concepcion said that the secret shopper program is “ramping up,” with a focus on “the integrity of the product.”
“It’s making sure that that labeling is accurate, that potency levels are being described accurately, to make sure that what is being displayed for consumers and the information being relied on is accurate. That’s the biggest thing,” she said.
More Info On Massachusetts’ Weed Secret Shopper Program To Come
The commissioner added that more information about how the secret shopper program will operate is forthcoming. Concepcion declined to provide more details, including information about which companies have faced secret shopper visits to date or what kind of sanctions companies found in violation of the state’s rules will face.
Massachusetts' cannabis regulations require lab testing for potency and purity.
“You can anticipate a conversation around the secret shopper program at an upcoming public meeting and the mechanics of that,” she said. “I don’t want to say too much, because we have to work through the logistics, but there’s another component that will strengthen it. You can look for that component coming up.”
Pete Gallagher, CEO and founder of Massachusetts-based multistate cannabis company Insa, says that he expects the CCC’s secret shopper program “will have a huge impact on the industry, specifically from a brand and retail standpoint.
“This ‘experiment’ will bring to light the companies that are not abiding by the guidelines enforced by the Cannabis Control Commission,” Gallagher writes in an email. “This program will also showcase the brands and retailers that have been doing their due diligence in ensuring all products are properly packaged and labeled compliantly. While this may have a negative impact on some of the brands that are not following regulatory guidelines, this program provides another layer of security and safety when it comes to any consumer who has hesitancy in purchasing or trying a cannabis-infused product.”
