Accusations of fraudulent testing practices in New York’s legal cannabis industry are raising alarms at a critical moment. Reports of labs inflating THC potency and manipulating safety data threaten to erode consumer trust just as the market surpasses a significant $1 billion milestone. Regulators are under pressure, but so far, the response has been guarded.
THC Inflation Claims Spark Industry Concerns
Two testing labs, Certified Testing and Biotrax, have accused competitors of skewing potency results to please clients. In a letter to the state’s Office of Cannabis Management (OCM), they highlighted THC levels that defy scientific plausibility—some exceeding 100%.
Lab operators fear that without intervention, manipulated results will become standard practice, much like in other states where similar issues have surfaced. This could lead to unsafe products on store shelves and an industry-wide credibility crisis.
“We respectfully request that the OCM enact immediate recalls to begin dealing with these issues,” the letter stated. Despite these pleas, there’s little indication that enforcement measures are on the horizon.
Whistleblowers Say Regulators Are Ignoring the Problem
Lab officials claim that despite providing evidence, state regulators have been slow to act. The OCM insists it takes concerns seriously but refuses to disclose ongoing investigations.
● Certified Testing and Biotrax allege that at least three competing labs are systematically inflating potency numbers.
● Lab operators say they have conducted independent tests on products, finding THC levels significantly lower than reported.
● Cannabis farmers and industry stakeholders claim they’ve been approached by labs offering guaranteed high THC results—for a price.
In response to inquiries, the OCM cited confidentiality rules, stating that enforcement actions, if any, remain undisclosed. This lack of transparency has fueled frustration among those calling for stricter oversight.
The Science Doesn’t Add Up
Cannabis potency can fluctuate, but some claims being made in New York’s market simply don’t hold water.
State guidelines allow a “potency variance” of 85%-115%, meaning some margin of error is acceptable. However, products consistently testing above 90% total cannabinoids are cause for concern, especially vape oils.
A 2021 study by the California Department of Public Health found that legally sold vape cartridges rarely exceeded 70% THC. Yet, in New York, potency results surpassing 90% are frequently advertised, raising eyebrows.
Additionally, the presence of terpenes and thinning agents should naturally dilute THC percentages. When numbers hit 100%, basic chemistry suggests something is off.
A Broken System With No Recalls in Sight
In other states, regulators have cracked down on questionable lab practices through independent testing. California and Colorado use state-run reference labs to double-check retail cannabis samples. When inconsistencies arise, recalls follow.
New York, however, has not yet conducted publicized reference testing or product recalls based on potency inflation concerns. While OCM officials say investigations are ongoing, no corrective action has been made public.
In Massachusetts, a similar scandal led to lawsuits and stricter enforcement. Industry insiders believe that without immediate intervention, New York’s market could face the same fate.
What’s Next for New York’s Cannabis Industry?
The controversy comes at a pivotal time. New York’s cannabis rollout has been plagued by delays, legal challenges, and regulatory confusion. Just as sales begin to stabilize, these lab fraud claims threaten to shake confidence in the industry.
Without swift action, consumers may start questioning the legitimacy of lab-tested cannabis products. And if potency inflation continues unchecked, honest operators could struggle to compete against those gaming the system.
For now, New Yorkers are left wondering: If the numbers can’t be trusted, how safe is the product they’re buying?