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Author: Michael Davis

What’s Really in Your Hemp-Derived THC Product?

By Michael A. Davis

 

A hemp-derived THC gummy may look like an ordinary packaged snack, with a product name, a list of ingredients, and a label describing how much THC it contains. For the person buying it, the package may be the main source of information about what they are consuming. But laboratory studies have raised questions about whether cannabinoid labels always tell the full story, and regulators have warned that some products present additional concerns involving formulation, contaminants, and misleading claims.

The issue is especially relevant to consumers purchasing products containing delta-8 THC, a psychoactive cannabinoid commonly produced by converting cannabidiol (CBD) extracted from hemp. Although these products are often marketed as hemp-derived goods, the word “hemp” does not mean a product is non-intoxicating or that its contents have been independently verified.

In a study published in the Journal of Medical Toxicology in 2023, researchers purchased 20 commercially available delta-8 THC products from retail stores in Pittsburgh and compared their advertised cannabinoid content with independent laboratory results. Delta-8 THC was detected in 19 of the 20 products, but the relationship between the amount advertised and the amount measured was weak. Researchers also detected delta-9 THC in seven products, demonstrating that products marketed around one cannabinoid may contain others as well.

The study was small and limited to products purchased in one city, so it cannot establish how accurately all delta-8 THC products are labeled. Nevertheless, it illustrates why consumers should not assume that a potency figure on a package always provides a complete picture of what is inside.

What a Laboratory Report Can Tell You

A certificate of analysis, commonly called a COA, is a laboratory report that provides information about a product or its ingredients. Depending on the product and the testing performed, it may identify measured cannabinoid concentrations and report results for contaminants. For a consumer, the value of the document depends on whether it corresponds to the specific product being purchased and whether the testing covers the questions that matter.

A QR code or website address alone does not establish that a product is safe. Consumers need to be able to connect the report to the product’s batch, understand which substances were tested, and determine whether the results support the claims printed on the package. A report that measures cannabinoid content, for example, should not automatically be treated as proof that every possible contaminant has been assessed.

Texas already requires consumable hemp product labels to include a batch or lot identifier and a web address linking to a certificate of analysis for the product or its hemp-derived ingredients, alongside manufacturer information and a certification concerning delta-9 THC concentration. The Texas Department of State Health Services outlines these requirements in its consumable hemp program guidance.

Those requirements give consumers a starting point, but the practical question remains whether the information is accessible, understandable, and tied to the item on the shelf.

Why the Ingredients and Manufacturing Process Matter

The U.S. Food and Drug Administration has raised separate concerns about the way some delta-8 THC products are manufactured. Because naturally occurring delta-8 THC is present in very small amounts in hemp, concentrated products are commonly made by converting other cannabinoids through chemical processes. The FDA has warned that manufacturing methods may leave potentially harmful by-products or contaminants when production is not adequately controlled.

These warnings do not establish that every delta-8 THC product is contaminated, nor do they show that every manufacturer uses unsafe methods. They do explain why a product’s advertised cannabinoid content is only one part of the information consumers need.

The FDA has also reported adverse-event reports and poison-control exposure cases involving delta-8 THC products, including accidental exposures affecting children. Such reports are important safety signals, although they do not represent a complete count of all exposures or prove that every reported event was caused by a product defect.

What Consumers Should Take Away

Consumers comparing hemp-derived THC products should look beyond the front of the package. Checking the batch information, reviewing the available certificate of analysis, reading the ingredient list, and examining the stated amount per serving can help a buyer understand what the manufacturer is claiming. Clear warnings and child-resistant packaging also matter when products contain intoxicating cannabinoids.

None of these steps can guarantee a product’s safety, and consumers should not interpret a laboratory report as a substitute for independent regulatory oversight. The evidence instead points to the importance of reliable manufacturing, accurate labeling, and testing that is relevant to the product being sold.

For consumers, the label is often where the purchasing decision begins. The challenge is making sure the information behind that label is accurate enough to deserve their confidence.

 

Texas Doesn’t Need a Hemp Ban. It Needs a Rulebook.

By Michael A. Davis

 

Texas has legitimate reasons to regulate hemp-derived cannabinoid products, particularly those containing intoxicating compounds that may be mistaken for ordinary candy, beverages, or other everyday products. Parents deserve protection for their children, consumers deserve accurate information, and responsible businesses deserve clear rules they can follow.

 

The question is whether Texas can achieve those goals through effective regulation rather than relying on broad restrictions that eliminate lawful opportunities alongside unsafe products. Consumer protection should be the priority, but prohibition should not automatically become the only policy option.

 

Put Consumer Safety First

Texas already regulates consumable hemp products under Chapter 443 of the Texas Health and Safety Code. Lawmakers should build on that foundation by enforcing a minimum purchase age of 21 for intoxicating products, requiring identification checks, and imposing meaningful penalties for unlawful sales to minors.

 

Products should use child-resistant packaging, while advertising should avoid appealing to children or making unsupported medical claims. Independent laboratory testing should verify cannabinoid content and screen for relevant contaminants, including pesticides, heavy metals, and residual solvents.

 

Labels should clearly disclose ingredients, serving sizes, cannabinoid content, and appropriate warnings about impairment and accidental ingestion. Testing must also distinguish between delta-8 THC, delta-9 THC, THCA, and other cannabinoids so consumers are not misled about what they are purchasing.

 

Establish Clear Rules for Businesses

A workable regulatory system needs transparent licensing standards for manufacturers, distributors, and retailers, along with inspections, traceable production records, and an effective product-recall process. Fees and compliance requirements should be proportionate to the activities involved, allowing regulators to focus resources where risks are greatest.

 

Enforcement should distinguish between correctable administrative mistakes and serious misconduct. Falsified laboratory results, deliberate sales to minors, misleading product claims, and repeated violations should trigger meaningful consequences, including fines, recalls, or license suspension when warranted.

 

Texas should also publish enforcement data and regularly review its rules so lawmakers and the public can evaluate whether the system is improving consumer safety.

 

Respect the Law

Regulation cannot make every cannabinoid product legal. Federal law is changing, and products that no longer qualify as hemp under applicable federal definitions may face federal controlled-substance restrictions. Texas must ensure its framework complies with federal law rather than promising businesses protections the state cannot legally provide.

 

Within those boundaries, lawmakers should clearly identify which products may legally be sold, which require additional controls, and which are prohibited. Clear guidance would help consumers understand their options while giving compliant businesses a more predictable legal environment.

 

Texas Lawmakers Must Act

The Texas Legislature should enact a comprehensive Hemp and Cannabinoid Consumer Protection and Regulation Act establishing statewide standards for age verification, independent laboratory testing, child-resistant packaging, accurate labeling, responsible advertising, licensing, and enforcement.

 

The legislation should assign clear responsibilities to state regulators, establish meaningful penalties for violations, and require regular public reporting. Periodic reviews of safety data and enforcement outcomes would allow Texas to respond to emerging risks without leaving responsible businesses trapped in continuing legal uncertainty.

 

The choice before Texas is not simply whether to permit or prohibit hemp-derived cannabinoid products. It is whether the state will establish enforceable rules that protect children, inform consumers, hold bad actors accountable, and provide clarity for businesses operating within the law.

 

Texas lawmakers should stop treating this issue as a choice between unrestricted sales and sweeping prohibition and put a comprehensive, evidence-informed regulatory framework into law. Texans deserve protections that can be enforced, businesses deserve rules they can understand, and the public deserves a system measured by its results.