BEYOND THINK MAY 2021 - Issue #4 - ACS Laboratory
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THINK
BEYOND
MAY 2021
Issue #4
WHAT’S INSIDE
Recent Improvements to Your
ACS Laboratory COAs
Extracted Series: Co2
Extraction Methods For
Hemp And Cannabis
The Safe Banking Act And
How It’s Changing The
Cannabis Industry
MAY 2021 ISSUE #4
TABLE OF CONTENTS
Best Laboratory Tests for
3 FOREWORD
20 Every Hemp and Cannabis
Product
4 Recent Improvements to Your
ACS Laboratory COAs 23 MEDIA MENTIONS
8 Extracted Series: Co2 Extraction
Methods For Hemp And Cannabis 31 About The Lab
The Safe Banking Act And How
13 It’s Changing The Cannabis
Industry
32 Tested Verified Product Seals
17 The Future Of Delta-8
Regulations In Florida 33 42 Emerald Badges
2
MAY 2021 ISSUE #4
FOREWORD
Could the eighth time around be a charm? On April 19, US Congress passed the latest version of the
SAFE Banking Act with overwhelming bipartisan support. The landmark reform bill, which allows legal
cannabis companies to do business with banks, faces a battle in the senate. But now that 47 states have
legalized cannabis for medical or adult-use purposes, industry experts think it may get to the finish line.
Could businesses that have been operating in all-cash FINALLY get the banking access they deserve?
Let’s see if the federal government is ready to make a change.
While national reform often takes years, state-by-state change is much more rapid. For instance, most
consumers are still unaware of Delta-8 THC, the federally legal and psychoactive hemp extract-derived
compound. But this little cannabinoid-that-could is making huge waves at the state level, with 12 bans in
place so far.
It’s hard to tell whether the majority of states will follow the trend. Fortunately, places like Florida have
announced it has no intention of banning Delta-8. But Florida’s Department of Agriculture and Consumer
Service is closely monitoring the industry and spot-testing retail products to ensure they’re safe and
compliant. That makes laboratory testing, with a trusted lab, more crucial than ever.
When synthesized correctly, Delta-8 is a wonderful compound that delivers therapeutic and mildly
psychoactive effects. When produced improperly, Delta-8 vapes could contain Delta-9-THC byproducts
or harmful residual solvents. That means Delta-8 processors cannot afford to cut corners or make
mistakes. To ensure the long-term success of the market, companies must find laboratories like ACS with
unique protocols to accurately identify Delta-8 and potential contaminants the solution may contain.
Hemp and cannabis companies must also look for labs that can deliver precise results in a compliant
Certificate of Analysis (COA). All verified third-party laboratories offer COAs, but they may not have
updated formats that adhere to the latest regulations. At ACS, we are always following state and federal
guidelines. That’s why we recently revised our COAs to comply with the new medical marijuana, hemp
clippings, and Delta-8 and Delta-10 requirements.
As leaders of an industry constantly in flux, we continue to work tirelessly to deliver the most trusted lab
results in the country. There are no shortcuts, no easy wins, just hard work to continue elevating hemp
and cannabis to the level of trust they deserve.
Roger Brown
President & CEO
3
MAY 2021 ISSUE #4
COMPLIANCE, CULTIVATION, OPERATIONS
Recent Improvements to Your ACS
Laboratory COAs
Jason Ibarra | April 27, 2021
With the Florida cannabis industry still in its included at a separate summary and panel
infancy, regulations set forth by the Office level instead of within the sections of the
of Medical Marijuana Use (OMMU) will impacted panels.
continue to evolve and change at a rapid
The first page of the report will now display
pace. As a trusted compliance and testing
whether the Total Contaminant Load (TCL)
facility, it is vital that we stay apprised of
passed or failed in the summary section.
changes in regulations and amend our
The TCL will be displayed on the last page
processes to remain compliant. It is in that
and will include the result. The disclaimer
interest that we are announcing some
will also include the definition per the
changes to the format of our Certificate of
regulations. This change will impact all
Analysis (COA) reports.
customers who test for heavy metals and
COA CHANGES EFFECTING ALL pesticides and is expected to be
FLORIDA MMTC CLIENTS implemented Friday 3/26/2021 between
5PM and 7PM (subject to change). The
The first change will be to the reporting of
changes will be available for all reports
Total Contaminant Load (TCL). The Total
completed after the implementation.
Contaminant Load (TCL) as defined by the
rule 64ER20-1(74) of the regulations will be
PREVIOUS FORMAT ON MMTC COAS
4
MAY 2021 ISSUE #4
NEW FORMAT ON MMTC COAS
CHANGES TO HEMP CLIPPINGS (THC POTENCY) COAS
Additionally, there is another change that has been made to the format of the Certificate of
Analysis (COA) report for CBD Hemp Clippings to provide a confirmation of results to the
Florida Department of Agriculture and Consumer Services.
5
MAY 2021 ISSUE #4
PREVIOUS FORMAT ON HEMP POTENCY TEST COAS
IMPROVED FORMAT ON HEMP POTENCY TEST COAS
6
MAY 2021 ISSUE #4
UPDATES TO ALL HEMP AND CBD COAS, THC DELTA-8 & DELTA-10 RESULTS
The final change that has been made to the format of the Certificate of Analysis (COA) report is
that the Total Delta 8 and Total Delta 10 will be displayed separately in the Potency Summary
section on page 1 of the report.
To clarify, the first page of the report will now display Delta8/Delta 10 in a separate column and
will affect all customers who test Delta 8/Delta 10 Potency. Similarly to the first two changes, this
one is expected to be implemented on Friday 3/26/3021 between 5PM
and 7PM.
PREVIOUS DELTA-8 & DELTA-10 THC COA REPORTING
UPDATED REPORTING OF THC DELTA-8 & DELTA-10 ON COAS
ALWAYS WORKING TO STAY AHEAD FOR OUR CLIENTS
As the Florida medical marijuana industry continues to expand rapidly, MMTC’s and CBD/Hemp
companies must expect significant regulatory changes to continue occurring. However, most
of these regulatory changes, especially ones that require more elucidation on potentially
harmful substances, end up being beneficial to both operators and customers. Taking that into
consideration, it is crucial that operators in this space remain adaptable and capable of
expeditious changes.
7
MAY 2021 ISSUE #4
EXTRACTION, PROCESSING
Extracted Series: Co2 Extraction Methods
For Hemp And Cannabis
Elena Schmidt | April 27, 2021
WHY IS EDEN LABS BEST LABS KNOWN
FOR CO2 EXTRACTION?
(AC)
We do multiple kinds of solvents, but
we’re well known for CO2 because when I
started at Eden Labs in 2009, we began
focusing on the cleanest method to suit
the medical cannabis market. That
primarily meant supercritical CO2 as well
as ethanol.
The great thing about CO2 in general is
it’s very tunable because it’s a gas that
becomes a liquid. In between those state
Founder of Eden Labs, Fritz Chess, changes, you can extract different types
started making small botanical extraction of compounds from the plant. For
systems in 1994. There was nothing instance, you can extract terpenes
affordable on the market at the time, so separately, then pull out different
Fritz created an entire industry of cannabinoids in bulk.
accessible machines for small companies
and herbalists. Above all, Fritz wanted to WHAT ARE SOME BEST PRACTICES FOR
offer simple to operate devices That were CO2 EXTRACTION?
reliable and durable. Today, Fritz and his (FC)
Eden Labs team are still committed to
There are two ways you can perform CO2
quality, innovation, and continuous
extraction.
improvement. As a result, they continue
growing after nearly 30 years in the The first is subcritical, which uses CO2
market. liquid at about 800-1,000 PSI and under
87 degrees Fahrenheit. Subcritical is a
Here we sit with Eden Labs Founder Fritz
gentler way to extract. It takes longer,
Chess (FC) and CEO AC Braddock (AC) to
but it’s an excellent way to preserve
discuss CO2 extraction and their plans as
terpenes.
pioneers in the industry.
8
MAY 2021 ISSUE #4
Supercritical is the other method, which If you’re looking to maximize terpene
you can perform starting at 1100 PSI and preservation, you’ll do this at low
over 87 degrees Fahrenheit. Over the pressure and a somewhat cool
years, we found 3,000 to 3,500 PSI temperature. Terpenes come off quickly,
combined with 150 to 170 degrees so you can squirt them into a separator
Fahrenheit to be the sweet spot for or use two separators. Once the
cannabinoid extraction. We never go terpenes are out, you’ll switch to a higher
above that level because when you start temperature and pressure to extract the
to increase the pressure, say to 10,000 cannabinoids. When that’s done, you’ll
PSI, you get nothing more than tar. It pump CO2 back to storage and remove
would be useless. So instead, you want to the material from the machine.
be in an extreme non-polar state.
IS CO2 EXTRACTION THE BEST
Regardless of the method you choose, METHOD FOR ALL CANNABIS
the flower needs to have less than 10% PRODUCTS?
moisture because water affects PH and
(AC)
polarity. If the flower is too moist, the
machine will pull chlorophyll out instead CO2 is one of the best methods to
of cannabinoids. You also want to grind produce clean, medical-grade products
the flower to a tea cut level (not too fine) because of its anti-bacterial qualities,
before placing the material in the which means the end-products have a
extractor vessel and sealing it. From longer shelf life and are free from
there, you’ll start pumping liquid CO2 and bacteria. Even if the extraction machine
begin gently heating it as you pump it. had bacteria before putting the flower in
it, the CO2 will clean it out and prevent
cross-contamination. Advertisers in the
natural products industry also use CO2
because they want to give people peace
of mind that their product is pure. That’s
a marketing benefit, and it’s also a reality.
On the other hand, when you work with
hydrocarbons, you risk contamination
because are some bacteria that feed on
hydrocarbons. So, if you don’t remove
the hydrocarbons from the extract and
leave the solution in a jar on the counter
at room temperature, the bacteria can
multiply. We’ve seen that happen. That’s
why it’s so crucial for hydrocarbon
processors to purge the solvents from
the material thoroughly.
9
MAY 2021 ISSUE #4
an extraction method without
considering solvent storage, solvent
waste remediation, overhead, and the
Companies should always start safest, most efficient way to create a
with the desired end-product wider range of products. Companies
should always start with the end product
and work backward. and go backward to figure out the most
efficient and cost-effective long-term
solutions.
People like hydrocarbon extraction
because they say it’s a rapid extraction WHAT DO YOU THINK ABOUT
method. But the purging process is very SOLVENTLESS EXTRACTION?
time-consuming and required if you want (AC)
a clean product. Processors who take this
I am a big fan of solventless. Many of the
extra step to prevent contamination are
solventless products are craft
doing the right thing, but those who cut
connoisseur products, which means
corners put people at risk. That’s
they’re higher-grade, harder to make in
unfortunate because when you’re dealing
bulk, and more expensive. I love good
with customers who are sick, it’s essential
solventless hash, but it’s not a product
to produce products thoughtfully.
that can be scaled commercially. That
At Eden Labs, we make extraction said, there is definitely a place for it like
machines that we feel are the safest for any top shelf product.
the widest range of products possible for
consumers and our clients. We believe HOW IS CO2 EXTRACTION DIFFERENT
that’s CO2, but ethanol is also an FROM HYDROCARBON EXTRACTION?
excellent method to create extracts. (AC)
Using both CO2 and ethanol as separate Hydrocarbon extraction is great for
create greater production efficiencies and producing fast terpene-rich bulk oils.
a wider range of products. Ethanol is safe With CO2, on the other hand, you can
and acts as a preservative. So customers pull off terpenes first, then increase the
can store it longer without worrying temperature and pressure to the
about degradation. supercritical phase to pull out various
HOW DO YOU DECIDE WHICH cannabinoids.
EXTRACTION METHOD TO USE? IS IT POSSIBLE TO PRESERVE
(AC) TERPENES WITH CO2 EXTRACTION?
Companies should always start with the (AC)
desired end-product and work backward. Terpenes are volatile oils, which means
You always have to ask yourself, why am I they are extremely susceptible to
using this method? What do I need to vaporizing off before being captured.
produce? A lot of time, companies pick CO2 does an excellent job capturing
10MAY 2021 ISSUE #4
mono and well as sesquiterpenes and
pulling them separately from the rest of
the oil. This fraction can then be added
to the oil to match its genetic profile and
to thin the bulk oil if needed.
We also have clients who run their
systems for a shorter period of time to
capture the terpenes as well as primary
cannabinoids. We do not encourage our
customers to use anything other than
what is naturally in the plant when
making end products. We believe in the
natural intelligence of fitting the plant’s The only other issue would be if the
genetics with human genetics to treat the room becomes full of CO2 and it replaces
endocannabinoid system and preserve the oxygen. Theoretically, this could lead
the entourage effect using native to suffocation. But CO2 sensors and
terpenes. alarms ensure that never happens.
Not all CO2 systems are created equal IS IT SAFE TO INGEST CANNABIS WITH
and many prevent the operator from fully CO2 SOLVENTS?
accessing the tunability with automation
(AC)
that prohibits various extraction
parameters. Other CO2 systems simply Yes. CO2 extractions are extremely safe.
do not function as advertised. We have For instance, our pharmaceutical
worked very hard to grow this industry company clients only ask for CO2
and it is disappointing to see new solutions. People should worry about
companies that are more interested in residual solvents, but those are not an
transactional sales than providing issue with CO2. You are breathing in CO2
high-performance systems. right now and you are exhaling it.
Moreover, CO2 has a very low boiling
WHAT ARE THE POTENTIAL DANGERS point so is vaporizes out the extract
OF CO2 EXTRACTION? easily without having to actively purge it,
(AC) like other solvents.
With CO2, you’re working under high HOW DO YOUR PRODUCTS AND
pressure, which comes with a slight risk if PROCESS DIFFER FROM THE INDUSTRY
you’re not using the proper equipment or STANDARD?
protocols. But all our equipment is
(AC)
third-party certified, uses 316 stainless
steel, and has proper safety features such Compared to other suppliers, we have
as numerous pressure relief valves in the most reliable systems on the market.
various parts of the system. Proof of that is our high rate of return
11MAY 2021 ISSUE #4
Cannabis Alliance and have lobbied
lawmakers throughout the country. Fritz
and I understand we are part of building
an industry from the ground up and how
we build it is the most critical part.
Where do we want the industry to go?
Do we want it to be another business as
usual?
No, we believe cannabis is revolutionary.
Cannabis is changing our medical
system. It’s replacing alcohol, opioids,
anti-depressants, epilepsy drugs and a
wide array of pharmaceutical drugs and
customers. We are very customer service hard street drugs. For an increasing
oriented. Plus, we stay ahead of the number of people, cannabis
market and what’s coming next in terms consumption is a conscious choice that
of innovations and regulations. safely improves their health and
Being ahead of the market is crucial well-being.
especially in a market that is driven by the THE BOTTOM LINE
politics of prohibition. We focus on the
According to Fritz and AC, CO2
science of the plant and try to drive the
extraction is one of the cleanest
rest of the market to do the same and
methods for producing safe
that includes being politically involved.
medical-grade cannabis products. Its
How legislators legalize is dependent on
antibacterial qualities prevent
what they know.
cross-contamination, and its tunable
The delta-8 controversy is a prime nature means you can extract terpenes
example. We could see that coming separately from cannabinoids for
because we understand the chemistry of custom creations. But CO2 extraction is
the plant and anticipated the market only as good as the equipment it came
demand given the arbitrary restrictions from, the operators who made it, and
placed on the plant and production by their commitment to quality. There are
local and federal government. no shortcuts, no easy wins, and no way
to produce safe, innovative products
I have lobbied in DC for years with NCIA
without investing the time to hone your
(National Cannabis Industry Association)
craft and exceed market expectations.
and watched as the stigma began to
erode. I served as chair of the board until
recently. I have also served on the board
of Washington Trade Organization, The
12MAY 2021 ISSUE #4
OPERATIONS, REGULATION
The Safe Banking Act And How It’s
Changing The Cannabis Industry
Elena Schmidt | April 19, 2021
Image Credit: masur.com | Masur Griffitts Avidor LLP (not a product endorsement)
THE SAFE BANKING ACT: TAKE EIGHT Association, as well as other prominent
After long-awaited anticipation, lawmakers industry voices, 2021 could finally be the
introduced the eighth iteration of the SAFE year the SAFE Banking Act turns into law.
Banking Act–this time with bipartisan As a refresher, politicians drafted the SAFE
support from over 100 House members Banking Act to produce a safe harbor for
and 30 Senate members (and growing!). credit unions and banks, so they won’t be
Legislatures proposed the first version of held liable for supplying financial services
this bill more than two years ago, and will to legal cannabis businesses. Under the
vote for the eighth time on April 19, 2021. Act, regulators cannot:
The House has now passed the Act three • Limit or terminate share insurance or
times, with the most recent vote in the fall deposit insurance of a banking
of 2019. It showed promise of passing but institution that provides financial
ultimately failed to make it to the Senate services to compliant cannabis
Banking Committee during that time. Now, businesses.
there seems to be more bipartisan support
than ever before. With revitalized calls for • Discourage or prohibit a financial
change from the American Bankers institution from providing services to
Association and the Credit Union National cannabis businesses.
13MAY 2021 ISSUE #4
• Discourage an institution from offering
financial services to an account holder
because of its affiliation with a cannabis
business. Let’s hope it happens soon so
• Take adverse action on loan made to a banks can help responsible
person who owns a cannabis business or companies focus on growth,
real estate leased to a cannabis
business. not where they’re going to
While many people would rather see keep their cash.
cannabis become federally legalized first,
this reform still helps bridge a critical gap
between state and federal law. And it has We’ll continue to watch how things play
the support of many lawmakers on both out with the SAFE Banking Act and other
sides of the aisle. Even Treasury Secretary cannabis-related legislation. In the
Steven Mnuchin voiced his concerns that meantime, banks can get ready for the law
the IRS had to build huge “cash rooms” to to pass by looking for reputable cannabis
hold all the taxes paid by state-legal businesses with verified COAs to partner..
cannabis businesses. The SAFE Banking Let’s hope it happens soon so banks can
Act would eliminate that burden and help help responsible companies focus on
ease serious safety concerns, of which growth, not where they’re going to keep
Senator Jeff Merkley cites in a recent press their cash.
release:
“No one working in a store or behind a
register should have to worry about Original Content, Published Oct 2019
experiencing a traumatic robbery at any Due to the federal ban on marijuana,
moment,” said Merkley. “That means we cannabis companies must operate
can’t keep forcing legal cannabis financially as though they are drug
businesses to operate entirely in cash—a trafficking organizations. Legitimate
nonsensical rule that is an open invitation cannabis companies cannot claim
to robbery and money laundering. Let’s deductions on their federal income taxes,
make 2021 the year that we get this bill which means they can pay up to a 90%
signed into law so we can ensure that all rate! Additionally, cannabis companies
legal cannabis businesses have access to cannot apply for lines of credit or loans
the financial services they need to help because the majority of banks refuse to do
keep their employees safe.” business with them. This forces the $10.9
To drive the point across, the press release billion industry to operate on a cash-only
includes links to news articles covering the basis, limiting its ability to flourish.
fatal shooting of a budtender in December. While the federal ban on marijuana looms
And many dispensaries across the country large over a booming market, pro-cannabis
have been repeatedly burglarized and politicians have stepped up to offer relief
robbed over the past year alone. through the SAFE Banking Act.
14MAY 2021 ISSUE #4
WHAT IS THE SAFE BANKING ACT? While McConnell has come out recently as
The SAFE Banking Act is the first piece of a pro-CBD advocate via his support for
stand-alone cannabis legislation that would 2018 Farm Bill, he’s less enthusiastic about
remove the threat of punitive action marijuana reform. Thus far, McConnell has
against banks in states where cannabis is blocked nearly every piece of cannabis
legal. The idea is that the bill will help ease legislation that congress has sent for
banks’ concerns about losing their licenses approval. But with overwhelming support
and inspire these institutions to open their for the 2019 SAFE Act, many hope he’ll
doors to the marijuana industry. have a change of heart.
On September 25, the Bill was released to Assuming McConnell agrees to send the
the House of Representatives through a bill to the floor, it must then pass the
procedure that required a two-thirds vote. Republican controlled Senate by at least
When the vote concluded, the bill passed 60 votes. The trouble is that Republicans
by a landslide majority, 321:103. All but one have historically voted no on pro-cannabis
Democrat voted yes, and nearly half of legislation and congress can’t rely on every
Republicans agreed. Case closed right? Senate Democrat either. A selection of
Democrats in conservative states have said
THE LEGAL CONTEXT they refuse to agree to cannabis banking
The case is not closed, but it’s definitely a reform until marijuana’s legal status is
huge step forward considering the context: tackled at the federal level.
In 2014 the House of Representatives WHAT THE SAFE ACT MEANS FOR US
passed a similar, but more limited
BUSINESSES
amendment aimed at preventing the
Treasury Department from penalizing Regardless of the uncertainty, industry
banks that work with cannabis companies. advocates are optimistic that some version
The measure passed 231:192 in the House, of this bill will pass providing vast benefits
but was never enacted into law because to banks, companies and budding cannabis
the conservative Senate refused to vote entrepreneurs. While imperfect, the SAFE
on it. Bank Act addresses several issues
including the current cash-only
This time around Senate Republicans are environment, which can increase the risk of
more open to cannabis banking reform, violent crime and prevent vital access to
but they’ll likely require a few edits to the loans and lines of credit.
bill before agreeing to support it. For
instance, they may ask for concessions With Increased access to banking,
that favor legal Hemp and CBD companies companies can start to invest more in
as well as verbiage that offers greater hiring and innovation. Additionally,
protection to the firearms industry. cannabis entrepreneurs with limited
financial resources will be able to apply for
THE NEXT STEPS loans and access the funds they need to
After the bill is revised, Senate majority launch their business plans. This will
leader Republican Mitch McConnell must inevitably spur exponential growth in the
agree to bring it to the floor for a vote. industry.
15MAY 2021 ISSUE #4
Image Credit: www.foxbusiness.com (not a product endorsement)
WHAT THE SAFE ACT MEANS FOR and PNC have all announced that they have
CANADA no plans to work with cannabis companies
As Americans cross their fingers for a until federal law is amended, citing the
positive outcome, Canadians are less continued risk.
excited about the prospects. Since Canada While big banks stall for federal reform,
legalized marijuana in 2018, the country’s many expect that smaller credit unions and
stock market and investment banking local banks will be the first to offer services
industries have grown. If the SAFE Act to the marijuana industry. This is great
passes, Canadians fear that American news that should help decrease cannabis
cannabis companies could move their cash companies’ operating costs, increase
out of Canada and over to the New York security, reduce the black market, and
Stock Exchange and U.S. banks–according create new customers for smaller
to Bloomberg News. community banks. All that’s left is the vote.
LIMITATIONS OF THE SAFE BANKING THE DEADLINE FOR ANSWERS
ACT Senate Banking Committee Chairman
The SAFE Banking Act (if passed) will be a Republican Mike Crapo said he hoped to
momentous step forward for the U.S. conduct a vote on cannabis banking
cannabis industry, but it may not be a legislation before the end of 2019. Stay
disaster for Canada quite yet. Big American tuned and check in with our blog for the
banks including Chase, Bank of America latest updates.
16MAY 2021 ISSUE #4
CANNABINOIDS, COMPLIANCE, REGULATION
The Future Of
Delta-8 Regulations In Florida
Elena Schmidt | April 12, 2021
FIRST, WHAT IS DELTA-8-THC?
Delta-8 THC is one of the hundreds of
cannabinoids found in hemp and cannabis.
However, it appears in such small doses
that processors can’t extract it directly
from the plant. Instead, they must convert
other cannabinoids, like hemp-derived
CBD, into Delta-8-THC using solvent-based
synthesis methods.
Like other cannabis compounds, Delta-8
Image Credit: www.sun-sentinel.com (not a product endorsement)
THC interacts with the body’s
endocannabinoid system to produce its
It took the US government more than two therapeutic and psychoactive effects. But
years to finalize hemp cultivation rules unlike Delta-9 THC–the compound that
after they legalized the crop in 2018. And binds with the CB1 receptors to produce a
even though hemp-derived CBD has been psychoactive effect –Delta-8 is more like
on shelves since that time, the FDA still CBD and attaches to both the CB1and CB2
hasn’t determined its legal status. Yet, the receptors for less of a cerebral impact and
industry has forged ahead. Today, despite more of a body balancing experience.
the lack of legal clarity, innovative hemp
companies have already moved beyond IS DELTA-8-THC FEDERALLY LEGAL?
CBD to Delta-8 THC–a legally ambiguous Delta-8 is a cannabinoid derived from
and mildly psychoactive hemp-derived hemp, which means it’s technically legal
compound. But many question whether according to federal legislation. However,
Delta-8 here to stay or if it will face the the method by which Delta-8 is produced
wrath of a legal ban? could affect its future legal status. Here’s
Truthfully, no one really knows what the what we know today: On August 2020,
federal government will decide. But the DEA issued an Interim Final Rule
Delta-8’s near-term fate depends entirely stating that “All synthetically derived
on state-by-state determinations. tetrahydrocannabinol remains a schedule I
controlled substance.” However, the IFR
Here we discuss Delta-8-THC’s future did not define what it meant by synthetic.
outlook in Florida and throughout the And as of today, the DEA has not issued
country. final rule updates.
17MAY 2021 ISSUE #4
“My team has studied the chemistry of it,
and we found that most products are
testing hot [above the legal limit of Delta-9
Companies need to be aware THC] likely based on how they’re being
that their raw materials may made. That’s why I encourage Delta-8
companies to find a reputable laboratory
still contain residual solvents in and make sure they trust the Certificate of
the end, which is why Analysis (COA).”
consistent testing is so Aside from the Delta-9 issue in Delta-8
important. products, Holly’s team encourages
companies to watch out for harmful
contaminants.
“We have tested various Delta-8 THC
In the meantime, hemp is a federally legal products and put out several stop-sale
plant, and extracts like CBD are notices due to the presence of illicit levels
permissible for sale in almost every state of Delta-9 THC and other product
in the country. Since Delta-8 is produced quality/safety issues. Ultimately, the recipe
from hemp-derived CBD, states have the is only as good as the cook.”
authority to determine what to do next.
When FDACS issues a stop-sale notice, the
WHAT IS THE FUTURE OF DELTA-8 THC company must correct the issue and take
IN FLORIDA? products off shelves immediately. FDACS
Like most states, Florida’s lawmakers are also notifies the manufacturer about the
well aware of Delta-8 THC’s increasing stop sales. Non-compliant companies can
popularity–especially in the form of vape sell other batches of Delta-8 THC products,
products. In fact, Florida’s Department of but they must ensure the products are
Agriculture and Consumer services clean, compliant, and safe before selling to
discusses Delta-8 regularly as new articles consumers.
come out on the topic. “We as an organization came at the Delta-8
“At this time, we have taken the stance THC question from a science-based
that if a product has a total Delta-9 THC of perspective. Even before the market buzz,
0.3% or less, companies can sell it,” says we made many calls to find out how the
Holly Bell, Director of Cannabis at FDACS. compound is produced and ran several
laboratory tests to learn as much as we
FDACS has no plans to intervene in legal could regarding its safety and quality. We
sales of Delta-8 THC, but it is keeping a have tested some Delta-8 THC products
watchful eye. In fact, FDACS is skeptical that are compliant, but most that we have
that Delta-8 THC products can pass the tested are not,” says Holly.
required regulatory tests.
18MAY 2021 ISSUE #4
Image Credit: www.rollingstone.com | Don Ryan/AP (not a product endorsement)
WHAT IS THE FUTURE OF DELTA-8 THC step in and manage Delta-8 responsibly,
THROUGHOUT THE COUNTRY? considering it is not just a product for
Delta-8 THC is currently legal in nearly people to get high. Delta-8 is a
every state in the country. Today, 11 states therapeutic cannabinoid that helps people
have banned the compound, including with anxiety, depression, and pain
Utah, Rhode Island, Montana, Mississippi, management.”
Iowa, Idaho, Delaware, Colorado, Arkansas, —————————–—————————–————————
Arizona, and Alaska. The remaining states
have allowed legal sales of Delta-8. At ACS, we trust that the community can
come together and elevate itself through
Russell Lombard, CEO of Canna Redux and proper manufacturing practices, valid
Forge Hemp company, told ACS that testing, and clear consumer labeling with
Delta-8 is here to stay. But Rusell also warnings for children.
believes regulators will step in to place
some limits on the compound. For instance,
the Oregon Liquor Control Commission There are many positive testimonials
recently released a notice saying they’re about how Delta8 helps people get
starting efforts to limit Delta-8-THC sales through symptoms like anxiety, insomnia,
out of fear that children may easily access and depression. As more of these stories
them. come to light, we believe legislators and
“My hope for the future is that regulators banks will take notice.
19MAY 2021 ISSUE #4
COMPLIANCE, PRODUCT SAFETY, REGULATION, RESEARCH & DEVELOPMENT, RETAIL
Best Laboratory Tests for Every Hemp
and Cannabis Product
Elena Schmidt | May 14, 2021
Laboratory testing is essential to comply
with regulations; it also ensures the quality
and safety of products, builds trust with
consumers, and commands the highest
price point. Many companies think hemp
and cannabis testing is all about potency,
but calculating CBD and THC content is just
the beginning.
So, what tests do you need for different
types of products? There isn’t a
one-size-fits-all answer to hemp and
cannabis testing, mainly due to various
state regulations. But here, we break down Image Credit: www.the-scientist.com (not a product endorsement)
the essential tests based on stages in the
supply chain and your end-product to many factors, so it’s essential to test your
guarantee the quality your buyers and hemp and cannabis for terpenes in order
consumers expect. to market the full spectrum of healing
FOR FARMERS WHO NEED TO TEST compounds it contains.
PLANTS AT HARVEST If you are a farmer who is planning on
Hemp growers in the US must contract a selling flower, we recommend selecting a
state-designated third-party laboratory to full panel test with terpenes. Why? This
test their hemp plants before harvest, to level of testing gives you the most
ensure that they contain less than 0.3% significant number of options to market
THC. This makes potency testing an and sell your final product. Processors and
essential part of the harvest process. wholesalers will be more likely to give your
product preferential treatment with a full
But compliance isn’t the only thing farmers
panel + terpenes vs potency alone.
should consider. Consumers buy hemp and
cannabis products for their therapeutic FOR PROCESSORS WHO NEED TO TEST
benefits, which are directly linked to the EXTRACTIONS
plant’s terpenes and how they synergize More and more consumers are seeking
with its cannabinoids. Terpene profiles cannabis extractions due to their potency
change from plant to plant depending on and ease of use. That’s excellent news for
20MAY 2021 ISSUE #4
processors who work hard to create
quality products. It also means that testing
these products is more crucial than ever.
Processors certainly need to quantify the Hemp and cannabis retailers should
cannabinoid content to display them on always ensure the products they
product labels and so consumers can sell have undergone complete
choose the extraction that best suits their safety testing.
therapeutic needs. But for the health and
safety of the end-user, processors also
need to be sure that the solution is free
from harmful trace chemicals known as Besides state mandates, consumers are
residual solvents. increasingly becoming more educated
about contamination risks and expect
At ACS, we recommend that crude
companies to prove a products’ safety
extractions have a full panel of safety tests
before selling them. Companies who want
run. This includes potency, residual
to build trust in the market, meet this
solvents, microbiology, heavy metals, and
demand by conducting full panel tests and
mycotoxins. For final products, we suggest
being transparent about their results
that processors choose a full panel with
through a published Certificate of Analysis
terpenes if terpenes are claimed on the
(COA). ACS offers white label clients
label.
unlimited copies of their COA with brand
For Manufacturers Of Finished Products name changes for $50 each.
At ACS, we recommend full panel testing FOR RETAILERS THAT SELL
for all finished products, from hemp and END-PRODUCTS
cannabis flower to extractions and edibles.
Hemp and cannabis retailers should
From pre-harvest to post-processing,
always ensure the products they sell have
harmful materials can contaminate
undergone complete safety testing. Many
products at every stage of the supply
states require it, so retailers in places like
chain, putting consumers’ health at risk.
FL, MA, LA, TX, OR, or CO cannot sell
Full panel testing + terpenes ensure that
products unless they’ve passed all
any product – whether smoked, vaped, or
mandated tests. Retailers don’t need to
eaten – is safe and full of the cannabinoids
have the products tested themselves, but
and terpenes customers expect.
they must make sure the supplier can
Many states require full panel testing, show proof of compliance with State
including FL, MA, LA, TX, OR, and CO. mandated testing of each product.
Florida has some of the strictest testing
Starting in January 2020, Florida’s
requirements. That means that
Department of Agriculture & Consumer
manufacturers who want to sell products in
Services (FDACS) started regulating and
the state need to conduct a full panel
inspecting facilities that prepare or sell
analysis, including testing for 67
prepackaged food, consisting of or
Pesticides, more than is required by any
containing hemp extract, to the end
other state.
consumer. That means retailers should do
21MAY 2021 ISSUE #4
their due diligence to ensure they’re selling While many states only require potency
safe and compliant products, as other tests for edibles and beverages, others
states could adopt similar regulations. require full panel testing. So, if companies
want to sell products nationwide, they
RECOMMENDED TESTS FOR TINCTURES need to take this extra step. Another test
Consumers interested in cannabis and CBD to consider is flavonoids, as they are
tinctures worry about the purity of the prevalent in edibles and may offer
products. And although CBD brands tout additional therapeutic benefits.
their products’ efficacy, the actual RECOMMENDED TESTS FOR TOPICALS
cannabinoid content doesn’t always match
the label. While some states only require Topicals are one of the most used
cannabinoid potency testing for tinctures, cannabis and hemp products and the most
significant grey area for testing
full panel safety tests help consumers feel
regulations. Potency analysis is required
secure about the products they buy.
for topicals, but beyond that, the
The state of Florida requires full panel tests remaining tests are up to the regulatory
for tinctures. But keep in mind that terpene agency for each State.
profiles can be an excellent way to help a
At ACS, we think all companies should
distillate-based tincture stand out from the confirm their topical product is free from
rest. Tincture producers might also want to contaminants that could harm someone
consider niche tests like flavonoids to show once absorbed into the skin. Terpene tests
off every healing compound that makes are also an effective marketing tool to
their products stand out from the rest. inform customers of other active
Tinctures that do not contain flavonoids or ingredients in the product that could
terpenes, like isolate-based tinctures, deliver nourishing, anti-aging benefits.
don’t need these additional tests as they
are not applicable. No matter the type of product or
production stage, all hemp and cannabis
RECOMMENDED TESTS FOR EDIBLES products must be tested. The particular
AND BEVERAGES requirements may vary slightly from state
As the cannabis edibles industry grows, to state, but keep in mind that compliance
producers continue to expand their isn’t the only reason to conduct tests. As
creative boundaries, offering foods and the industry grows, consumers are looking
beverages with enticing flavors and potent for labels that offer more information than
qualities. Edibles and drinks also make it just cannabinoid potency. They are looking
for QR codes that link to COAs showing
easier for consumers to control their dose,
the results of full panel safety tests.
which attracts many people who don’t
They’re also looking for terpene content to
have as much experience with hemp and
enhance the products’ therapeutic profile.
cannabis. As such, consumers expect to
Companies who want to stand out in a
get the correct dosage stated on the label
competitive market while demanding a
and a safe and clean product. That’s why high price need extensive laboratory
ACS recommends complete, full panel testing to ensure their products exceed
tests for all edibles and beverages. safety and quality standards.
22MAY 2021 ISSUE #4
MEDIA MENTIONS “USDA Final Rule for Hemp Production:
What Does This Mean For You?”
Miami Living
23MAY 2021 ISSUE #4
MEDIA MENTIONS “What You Need to Know
About Delta-10 THC”
Green Entrepreneur
24MAY 2021 ISSUE #4
MEDIA MENTIONS
“DeSantis Wants $4 Million for Medical
Marijuana Quality Control Testing”
Politico
25MAY 2021 ISSUE #4
MEDIA MENTIONS “Do You Know What's In Your Weed?”
Green Entrepreneur
26MAY 2021 ISSUE #4
MEDIA MENTIONS
“USDA Final Rule for Hemp Production & The Delta 8
Controversy: A Virtual Panel Discussion”
Cannabis Law Report
27MAY 2021 ISSUE #4
MEDIA MENTIONS “Understanding Delta-8 THC:
Where Does it Come From?”
Cannabis Business Times
28MAY 2021 ISSUE #4
MEDIA MENTIONS “Delta 8: The Sudden Buyer Craze and
Hazy Legal Status for a Hemp Product”
Newsweek
29MAY 2021 ISSUE #4
MEDIA MENTIONS “Grower Stories: Roger Brown”
AskGrowers
30MAY 2021 ISSUE #4
Facility
Three to five-day turnaround and consistent, reliable and
accurate nationwide courier service for CBD and hemp
samples in an ISO 17025 accredited laboratory.
About the Lab Utilizes vast experience in high complexity laboratory
tests to develop proprietary testing methodologies with
enhanced detection ability and improved accuracy. ACS
Laboratory currently services 47 states and four
Company Profile countries worldwide.
ACS Laboratory is The Most Trusted Cannabis and Hemp Laboratory in Testing Features
the USA™, earning more Emerald Test Badges for accuracy in testing
than any other laboratory in the southeast. ACS Laboratory is ISO Tests for potency in biomass, flower, trim, extracts, crude
17025 accredited, DEA licensed and CLIA licensed with the largest oil, isolates, distillates, edibles, manufactured and
state-of-the-art facility in the region. Compliant with the USDA’s rules complex products like patches, aerosols and nano water.
for hemp testing, ACS is also approved by the Florida Department of Tests for 20 different cannabinoids, terpenes, residual
Agriculture as a “Designated Compliance Laboratory,” and deemed a solvents, pesticides, moisture, water activity microbiology
"Certified Marijuana Testing Laboratory" by the Florida Department of including mold, mildew, e.coli, pathogens, mycotoxins,
Health. Due to its success, ACS Laboratory has undergone a 20,000 plant regulators, heavy metals, flavonoids, micronutrients,
sq. ft. expansion and increased its reach to 47 states & four countries PAH and even bioanalysis for pharmacokinetics (PK)
worldwide. Beyond compliance, ACS is committed to innovation, which study of THC (human trials).
is why it tests for more cannabinoids than any lab in the region and
continuously develops new protocols to analyze lesser-known toxins.
Awards & Accolades
Its facility utilizes industry-leading ultra-high-performance liquid Awarded 42 Emerald Badges in 2019 and 2020
chromatography-tandem mass spectrometry technology and combined, more than any other lab in the eastern U.S. for
proprietary protocols to ensure accurate detection. its accuracy, consistency and proficiency in testing. The
Watch this video about ACS Laboratory, and read the blog for Emerald Test™ is an Inter-Laboratory Comparison and
up-to-date information on cannabis science and lab testing for both Proficiency Test (ILC/PT) program for cannabis testing
the hemp and cannabis industries. For more information, visit facilities.
acslabcannabis.com, or call (813) 670-9157.
Education
Inception Date Continued commitment to educating farmers,
2008 manufacturers, makers and consumers through its
content-rich blog series.
Compliance
President and CEO
Compliant with the USDA’s rules for hemp testing, contracted by the
Florida Department of Agriculture (FDACS) as an “Official Designated Roger Brown, a serial entrepreneur and board member of
Laboratory” for testing Florida Hemp, deemed a "Certified Marijuana the Hemp Industries Association of Florida, co-founded
Testing Laboratory" by the Florida Department of Health (DOH). ISO ACS Laboratory in 2008. Prior to founding ACS, Brown
17025 Accredited, DEA Licensed. was president of CMB Additives, an animal feed additive
manufacturer. In 1996, he founded MD to You, a premier
Compliance mobile physicians group targeting the elderly population
Tests for more cannabinoids than any lab in the eastern U.S. and throughout Florida. Prior to that time, he owned or was
continuously develops new protocols to analyze lesser-known toxins. involved in several medical businesses and taught
The in-house dedicated scientific team is continuously developing new surgical procedures domestically and internationally,
technology, refining current methods, procedures and protocols. using specialty instrumentation such as laparoscopy and
surgical staples. Brown holds a bachelor’s degree from
The scientific team was able to react quickly to the crisis surrounding the University of Florida.
“vape-related illnesses” and developed the first of its kind Vitamin E
Acetate panel to ensure products are “VAPE SAFE.” Number of Employees Social Media
128 facebook.com/AmericanClinicalSolutions
Innovation twitter.com/ACSLabCannabis
Location
20,000-square-foot, state-of-the-art facility located outside of instagram.com/acslaboratory
721 Cortaro Dr., Sun City
Tampa, Florida, utilizing industry-leading ultra-high-performance Public Relations Contact
Center, Florida 33573
liquid chromatography-tandem mass spectrometry (UPLC/MSMS,
(813) 670-9016 Durée & Company, Inc.
GC/MS and ICP/MS) technology and proprietary testing (954) 723-9350 /
methodologies which created enhanced detection ability and Website
acslab@dureeandcompany.com
improved accuracy. acslabcannabis.com
31MARCH
MAY 2021
2021 ISSUE #4
#2
Tested Verified Product Seals
The laboratory has tested the Hemp The laboratory has tested the Hemp The laboratory has tested the Hemp
Flower for Potency, Pesticides, Heavy Extract for Potency, Pesticides, Heavy Edible for Potency, Homogeneity,
Metals, Mycotoxins and Microbiology. Metals, Mycotoxins, Microbiology, Pesticides, Heavy Metals, Mycotoxins,
The Hemp Flower was tested by a Residual Solvents and Vitamin E Microbiology and Residual Solvents.
State Designated Laboratory with a Acetate,. The Hemp extract has tested The Hemp edible has tested for less
DEA License and has tested for less for less than .3% THC, by a State than .3% THC, by a State Designated
than .3% THC. This meets the strictist Designated Laboratory with a DEA Laboratory with a DEA License This
testing guidelines in the United States. License.This meets the strictist testing meets the strictist testing guidelines in
guidelines in the United States. the United States..
The laboratory has tested the The laboratory has tested the The laboratory has tested the
Cannabis Flower for Potency, Cannabis Extract for Potency, Cannabis Edible for Potency,
Pesticides, Heavy Metals, Mycotoxins, Pesticides, Heavy Metals, Mycotoxins, Homogeneity, Pesticides, Heavy
Microbiology, Water Activity, Moisture Microbiology, Residual Solvents, Metals, Mycotoxins, Microbiology and
and Filth and Foreign Materials. The Water Activity, Moisture and Filth and Residual Solvents, Water Activity,
Cannabis Flower was tested by a Foreign Materials. The Cannabis Moisture and Filth and Foreign
Department of Health Certified Extract was tested by a Department Materials. The Cannabis Extract was
Testing Laboratory. The laboratory is of Health Certified Testing Laboratory. tested by a Department of Health
ISO accredited, CLIA licensed and DEA The laboratory is ISO accredited, CLIA Certified Testing Laboratory. The
Registered. licensed and DEA Registered. laboratory is ISO accredited, CLIA
licensed and DEA Registered.
32MAY 2021 ISSUE #4
42 Emerald Badges
in 2019 and 2020
More than any other lab in the United States
An Emerald Badge™ will be awarded to labs that perform within a specific tolerance in each
proficiency test category, with criteria established by the ISO accredited PT manufacturer with
input from the Emerald Test™ Advisory Panel. Labs that receive a Badge are not only recognized
for their capabilities in comparison to their peers within a given series, the Emerald Badge™ affirms
the labs’ ability to meet regulatory requirements for licensure. In addition, Emerald Test™ ILC/PT
participation satisfies ISO/IEC 17025 accreditation requirements for external proficiency testing.
33May 2021
Issue #4
ACS LABORATORY
721 Cortaro Dr.
Sun City Center, FL 33573
(813) 634-4529
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