How high: OLCC detects excessive levels of THC in products advertised as hemp

PORTLAND, Ore. (KOIN) — Oregon’s cannabis regulators are sounding the alarm on “widespread non-compliance” in the hemp market.

Despite the fact that hemp is defined as a cannabis plant with less than 0.3% of THC, the Oregon Department of Agriculture’s Cannabis Reference Laboratory found that all of the hemp flower samples it tested exceeded this threshold. And some contained as much as 30.5% THC.

These findings, along with several other cases of non-compliance, were uncovered in the Oregon Liquor and Cannabis Commission’s Preliminary Technical Report on Wednesday. In the report, the commission notes that the prominence of hemp products aimed to offer consumers a non-intoxicating substance — but many brands have wrongly sold marijuana-derived products while advertising them as hemp.

Both the OLCC and ODA probed into “concerns of contamination and product misrepresentation” in the market by testing 151 cannabis product samples.

Researchers found that 72% of the hemp edibles they successfully purchased for the investigation were prohibited from being sold to Oregon customers. This was due to the amount of artificially derived cannabinoids or delta-9-THC — the primary active ingredient giving users the “high” feeling — they contained.

And only 10% of the edibles researchers purchased had a "clear" potency label that matched the test results.

The investigation also found that one batch of marijuana contained nearly 10 times the amount of pesticides that is legally allowed. The product has since been recalled, according to officials.

In addition to concerns with the legality of the product samples, the commission also raised red flags over the hemp industry’s age verification processes. The commission claimed it was able to purchase 91% of the hemp edible samples and 87% of the flower samples it attempted to buy online, without having to adequately verify its age.

OLCC Commission Chair Dennis Doherty said these findings point to an industry-wide need for “stronger oversight.” Officials have worked toward this since the 2023 passage of House Bill 2931, which established the laboratory used for the report.

“The new legislative measures will help protect consumers, particularly minors, and ensure the industry operates responsibly,” Doherty added in a statement.