The NJ Assembly Oversight Committee held a hearing on cannabis product safety issues and testing that have been in the news recently.

Safe Leaf Society co-founder Michael Boone was invited to testify on their recent secret shopper findings.

“I’ve seen firsthand the internal pressures to cut corners, skirt accountability, and manipulate lab testing results,” he declared.

“Many labs are enabling the biggest problems,” Boone exclaimed.

He noted they found several products failed quality tests. Others were said to have more THC than they did. Many products did not have Certificates of Analysis (COAs).

“This isn’t one bad actor. This is a systemic failure driven by profit motive, weak enforcement, and a culture of willful ignorance. And consumers, patients, parents, veterans are the ones paying the price,” Boone declared.

“We need real enforcement accountability and transparency,” he added.

Boone said they should:

• Strictly enforce existing NJCRC microbial and potency standards.
• Direct the CRC to hire a chemist and a microbiologist to audit cannabis laboratory methods.
• Enforce mandatory COA disclosure with penalties.
• Establish a neutral reference laboratory to validate testing.
• Require unannounced independent audits of testing labs.
• Create a data integrity training program.
• Release cannabis product lab testing results.
• Create procedures for industry whistleblower complaint management and investigation.

“We were not the first to have recreational cannabis. Which states are perhaps role models for New Jersey in terms of monitoring?” Assemblyman Roy Freiman (D-16-Somerset) asked.

Boone said a few states have different merits.

“So, the CRC doesn’t have inspectors on staff?” Freiman asked.

“They do,” Boone said. “The inspectors are somewhat overworked and not properly trained…”

He noted the NJCRC likely has budgetary issues. In addition, he explained he saw an NJCRC Inspector job description that doesn’t require experience in the industry.

“Why do I need to have experience in cannabis to understand safety…?” Freiman asked.

Boone said several technical issues are unique to cannabis. So, NJ cannabis license seekers and holders are likely more knowledgeable about them than the Inspectors.

“There’s a cannabis language that’s spoken in our industry,” he argued.

Boone said having more THC doesn’t make it a better product, while many newer and novice consumers believe it makes it stronger. However, it will take time for most consumers to appreciate the role terpenes and cannabinoids play in reaching different highs.

“How do you assess the NJ Cannabis Regulatory Commission’s updated testing regulations?” Committee Chair Reginald Atkins (D-Union) asked.

Boone said they have made good progress.

Atkins was curious if labeling and product safety issues were hurting someone.

Noted cannabis patient advocate Andrea Raible testified that she is a medical cannabis patient with severe conditions.

“It really bothers my asthma,” she noted.

Raible said it would be like getting the wrong medicine for epilepsy.

“They already rescinded them with no timeline of when they are going to actually implement them,” she said about the new cannabis testing rules.

“It’s appallingly apparent that none of these actors expected anyone qualified to see the data,” Raible declared.

She said a $10,000 fine for an issue is not costly for large corporations.

Raible explained New Jersey has never had strong cannabis consumer safety standards.

“They’re just gonna white label it and call it a different brand,” she argued about mediocre products.

“This is a crisis point for our state. We like to pretend it’s not a problem,” Raible exclaimed.

NJ Cannabis Trade Association (NJCTA) Executive Director Todd Johnson then testified that he didn’t like the Safe Leaf Society report. He wanted more details.

Many Heady NJ readers were unhappy that the names of the offenders were not released.

He also said there have not been many official recalls under the NJCRC versus the old medical marijuana program.

There have been unofficial recalls and more rumors about mold and bacteria on social media than Heady NJ has verified and covered.

Johnson liked that the NJCRC paused the new cannabis testing rules.

“I agree with Andrea. There’s no one on the CRC staff to speak the language,” he added. “And that needs to change.”

Freiman said a Corporate Human Resource Department might say they have not had incidents of reported sexual harassment. But often, it’s not reported.

“How do we take comfort that products are safe?” he asked.

Johnson said there are cannabis lab rules to ensure safe products, but there is great variation in interpretation.

Freiman wondered if tainted cannabis could be lab-shopped successfully.

Johnson said they were for new testing guidance, but said more frequent testing is expensive. In addition, he claimed more tests wouldn’t make products safer.

“What’s been the economic impact on the new testing requirements on your member businesses?” Atkins asked.

Johnson said their members did an analysis that said the new rules would be costly to implement.

“When someone does lab shopping … would they have the ability to pick and choose their results?” Freiman asked.

“They’re allowed to use the most recent testing result,” Trichome Analytical testing cannabis lab Chair Kristen Gooede explained.

Trichome Analytical President Sarah Ahrens said a sample could be contaminated and get different results from different labs.

Gooede said they tested cannabis for a patient who had to go to the hospital.

“It failed,” she noted.

Gooede said they sent the data to the NJCRC in December 2022, but no recall was issued.

“Do contaminants get broken down?” Freiman asked.

Gooede said the process of making cannabis oil kills contaminants.

“What recommendations would you make to enhance the current testing?” Atkins asked.

Ahrens wanted a scientist with a PhD working for the NJCRC auditing labs.

She said there are challenges with the Investigators regarding consistency, communication, and education.

Ahrens wanted there to be a specific Chief Lab Inspector and reference lab.

“It’s a turning point because we listened, we learned, and now we lead,” Atkins declared to conclude the hearing.