Federal law distinguishes between marijuana and hemp based on THC volume. Unfortunately, measuring THC volume is not an exact science. There are inherent difficulties with getting accurate measurements based on the actual product being tested. That may change in the near future, thanks to federally funded research that has led to the development of two new methods for measuring THC.
The National Institute of Justice (NIJ) funded two research projects designed to streamline cannabis lab testing and make test results more accurate. The two projects have come up with distinct and separate ways to measure THC volume. They are now sharing those methods with law enforcement agencies around the country.
The two methods are known as gas chromatography-mass spectrometry (GC-MS) and direct analysis in real-time high resolution mass spectrometry (DART-HRMS). GC-MS is said to be more efficient than traditional testing and could be used to reduce current testing backlogs. Meanwhile, DART-HRMS is a more accurate way to evaluate total THC content in products like edibles.
THC Volume Is Everything
From a legal standpoint, THC volume is everything. If you do not know why, it boils down to the fact that both hemp and marijuana are types of cannabis plants. One is legal under federal law (hemp) while the other is illegal (marijuana). The line of distinction between the two plants is THC volume.
When Congress approved the 2018 Farm Bill, they legalized hemp nationwide. But in order to distinguish between hemp and marijuana, they had to come up with some sort of delineation. That is where THC volume comes in.
As things currently stand, any cannabis plants with 0.3% or less THC by volume are considered legal hemp. Plants with more than 0.3% THC are considered marijuana. The same standards apply to products derived from hemp and marijuana.
Let us say you have a concentrated oil or cookie. If either one tests below the federal threshold, it is considered a CBD (hemp) product. If it tests over the threshold, it is a THC product. THC volume determines legality. It is as simple as that.
It’s the Same in Medical Cannabis
Note that the same federal threshold applies in the medical cannabis market. If you were to walk into the Beehive Farmacy, a dispensary in Salt Lake City, UT, all the medical cannabis products on the shelf would have more than 0.3% THC by volume. You would need a medical cannabis card to purchase them.
Meanwhile, you could visit a number of Salt Lake City smoke shops, drugstores, convenience stores, and gas stations and freely purchase CBD products without a medical cannabis card. CBD is legal nationwide. It is legal because it contains less THC than the federal threshold.
The Delta-8 Gray Area
The type of THC covered under federal law is known as delta-9 THC. Yet there are other forms of THC on the market. One of the most popular is delta-8. While it occurs naturally in cannabis plants, it doesn’t occur in high enough volumes to make extraction worthwhile. Therefore, manufacturers synthesize delta-8 from legal CBD. This creates a gray area that is now causing a lot of trouble at the state level.
The DEA insists that it has the legal authority to regulate delta-8 and other alternative cannabinoids. At this time, they consider delta-8 illegal. Some states agree while others do not.
At any rate, having more efficient and more accurate ways of testing THC volume can only help lawmakers, law enforcement, and the industry. Here’s hoping the two new tests prove their worth under real world conditions. I am sure the industry will be paying attention.
