How Testing Irregularities Are Impacting the Hemp Industry’s Reputation

Written By Daniel Gana, MSc, Reviewed by: Brent Ristow, PhD, JD, and Abraham Benavides, MD, 03-07-2025

The hemp industry is facing a growing crisis that threatens its credibility. As demand for hemp-derived products surges, consumers and regulators expect accurate testing to ensure compliance, safety, and transparency. However, recent reports and FDA warning letters expose inconsistencies in THC levels, unreliable lab results, and a lack of standardized testing procedures. 

In some cases, products labeled as “federally-legal” hemp may test over the 0.3% THC threshold, putting businesses at risk of legal action. Meanwhile, contaminated products continue to slip through regulatory cracks, raising concerns about consumer safety.

Without standardized and reliable testing, businesses risk selling mislabeled products, facing legal consequences, and losing consumer confidence. This article explores the root causes of these inconsistencies, their impact on companies and consumers, and what must be done to restore integrity to hemp testing.

The Role of Testing in the Hemp Industry

Testing is the backbone of the hemp industry, determining a product’s legality, safety, and marketability. Since the 2018 Farm Bill legalized hemp with a THC limit of 0.3% by dry weight, testing has become a critical step in ensuring compliance with federal and state regulations. 

Without standardized and reliable testing, businesses risk selling mislabeled or even dangerous products, facing legal consequences, and losing consumer confidence. However, recent irregularities in testing procedures cast doubt on the credibility of lab results, creating a ripple effect that threatens the entire industry. 

Key Areas of Hemp Testing:

Laboratories analyze hemp for cannabinoid content, contaminants from processing and cultivation, and overall product quality.

1. Cannabinoid Content: This test ensures the product remains within the legal THC limit while verifying potency claims for consumers. It also informs the consumer about the possible detectable cannabinoids in their products.
   
2. Contaminants and Heavy Metals: These include tests for pesticides applied during cultivation, mold, and residual solvents used during extraction and processing that could pose health risks.
   
3. Terpene Profiles and Quality Assurance: Determines the flavor, aroma, and therapeutic potential of the product.

Common Testing Irregularities in the Hemp Industry

• Inaccurate THC Levels and “Lab Shopping”

One of today’s most widespread issues is inconsistently measuring THC content. Some labs report results that differ significantly from those of other facilities, leading to confusion over whether a product is legally classified as hemp or marijuana. This has fueled the practice of “lab shopping” where companies seek out laboratories known for providing favorable results, such as inflated THC potency or falsified contaminant levels. This deceives consumers and poses serious health risks, as unsafe products may enter the market unchecked.

In New York, allegations have surfaced about labs inflating THC levels to satisfy clients, with reports of vape cartridges showing cannabinoid percentages exceeding 100%. A 2023 study published in PLoS One found that the majority of tested hemp products contained inflated THC levels, highlighting widespread inaccuracies in labeled potency. Researchers analyzed 23 cannabis samples from 10 dispensaries in Colorado and found that about 70% of samples contained at least 15% less THC than labeled, with three samples showing only half the reported potency. 

• Contaminant Testing Failures

Many hemp products fail to undergo rigorous testing for contaminants like pesticides, mold, and heavy metals. Some testing facilities lack the advanced equipment to detect these harmful substances, allowing unsafe products to reach consumers. In 2019, an independent review of CBD products found that over 70% of 240 popular CBD brands contained contaminants exceeding safe limits set by regulators. Another 2021 report shows about 25% of 136 CBD brands don’t test their products for purity. 

Another study published in Science of The Total Environment examined 121 popular CBD products sold in the U.S. and found significant heavy metal contamination. Lead was detected in 42% of samples; arsenic in 28%; mercury in 37%; and cadmium in 8%. These are all class 1 elemental impurities, known as most toxic. These findings underscore the need for stricter quality control and regulatory oversight to ensure consumer safety in the market.

Additionally, the rise of unregulated hemp-derived products, such as certain delta-8 THC and THCP items, has introduced further safety concerns. These products are sometimes deceptively marketed, including targeting minors, underscoring the need for stricter regulations.

• Lack of Standardized Testing Protocols

Unlike regulated industries such as pharmaceuticals, the hemp sector lacks universal testing standards. Labs use different methods, equipment, and reporting criteria, leading to significant variations in results. A sample tested at one facility may pass, while another lab might classify it as non-compliant. This inconsistency makes it difficult for patients to find safe and effective hemp-based solutions, and for regulators and businesses to enforce fair and reliable product assessments.

Initiatives like the NIST’s CannaQAP or NIHC’s Verify program, which promotes standardized testing protocols, were introduced to address these inconsistencies. These programs encourage transparent and consistent laboratory practices to enhance consumer safety and discourage lab shopping.

• • Manipulated or Misleading Lab Reports

Some companies have been caught altering Certificates of Analysis (COAs) to misrepresent THC content or omit harmful findings. In other cases, products are labeled based on outdated or incomplete test results, misleading consumers about potency and safety.

A 2022 study conducted by Johns Hopkins University found that 76% of hemp-derived CBD products sold online and in national retail stores were mislabeled for potency. This remained true even when allowing for a ±10% margin of error based on U.S. Pharmacopeia standards and emerging cannabis industry guidelines. 

According to the Cannabis Industry Journal, over 73% of cannabis recalls in Canada since 2018 were attributed to product mislabeling. This highlights a significant issue within the industry, where inaccuracies in labeling continue to jeopardize consumer safety, efficacy, and product reliability.

The Impact of Testing Irregularities on Consumer Trust and Industry Growth

• Erosion of Consumer Confidence

Testing irregularities undermine consumer trust in the hemp and cannabis market, especially for medical users who rely on accurate dosage information. 

To address this, the industry must adopt standardized testing protocols, use at least one or more third-party verifications, and implement clear regulatory frameworks to ensure transparency and consistency in product labeling.

• • Market Growth Stagnation

The growth of the hemp market is closely tied to consumer confidence in product safety and accuracy. Inconsistent testing can lead to a slowdown as consumers lose trust in product potency and quality. 

To foster market growth, the industry must implement reliable testing standards, educate consumers about lab testing, and focus on innovation to meet consumer expectations, ensuring continued expansion.

Conclusion

As the hemp market expands, greater accountability and transparency must be prioritized. Consumers deserve to know exactly what goes into every product, as these goods will ultimately affect their health. The establishment of standardized testing protocols is essential to address challenges associated with mislabeling and lab shopping. 

BioSource Botanicals is committed to upholding these standards, offering traceable Certificates of Analysis (COAs) for all Active-Spectrum ExtractsTM, accessible for verification directly on our website. Our extraction procedures are carefully designed to minimize contamination risks while preserving the plant’s natural integrity

References
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