While cannabis-infused foods are not yet legal at the federal level, an increasing number of states allow for edibles, beverages, and other foods that contain THC and CBD as ingredients.
As cannabis becomes legal in more and more states across the U.S. and as the U.S. Drug Enforcement Agency (DEA) moves to reclassify it as a schedule 3 substance—a move that would make it a less dangerous drug, but not legalize it for recreational use—food manufacturers need to ensure that their production practices are sound and validated. This is why it’s vital for these companies to meet food safety guidelines and focus on quality when creating new products.
Kathy Knutson, PhD, a food microbiologist, chair emeritus for the education committee for the National Cannabis Industry Association, and president of Kathy Knutson Food Safety Consulting, is seeing more cannabis beverages in the market as consumers grow more comfortable with drinking those products. However, edibles remain the primary focus for most manufacturers. “Really, any food could be an edible,” she said. “In Canada, meat products are now allowed. I’ve heard about ice cream, taffy, popcorn, chocolate, and many savory bakery products. There’s a lot of work being done on the food side.”
While she appreciates the entrepreneurial spirit in the industry, she notes that food safety may not be the first thing manufacturers think about when creating and releasing their products. “My colleagues and I are always pushing those in the cannabis industry to have a dedicated quality manager and for the company to recognize how important it is to implement quality management systems and build a savvy food safety plan,” Knutson said. “Everything that’s expected of the food industry should be expected in the cannabis industry.”
Roberta Wilson, co-founder of California-based cannabis edible company Dr. Norm’s, which manufactures brownies, cereal treats, and cookies sold at more than 300 compliant California dispensaries, understands the importance of adhering to all food safety regulations. “Being a cannabis-infused food company does not in any way alter the way we operate compared to a traditional food company,” she said. “All of our employees have to go through food safety training and adhere to all applicable regulations.”
She explained that cannabis-infused food products have food safety standards and regulations that are even more stringent and challenging to comply with than traditional food safety regulations.
Chad Frey, owner of a Washington D.C.-based cannabis-derived consumer goods company with three brands—Flowerz for gummies and mints, Karma for caramels and baked goods, and Anytime for infused seltzers—noted that he takes food safety very seriously. “We’re constantly staying at the forefront of R&D, new scientific developments, and leading studies with universities to explore adverse effects,” he said. “We utilize existing food safety regulations and third-party analytical testing with DEA-registered labs. This ensures that the labeling of products matches the accuracy in potency and packaging.”
Compliance Challenges
Pat Bird, cannabis lead for bioMérieux, a diagnostics company that provides food quality and safety testing solutions for the cannabis food and beverage industries, noted one of the most concerning issues with the cannabis industry is the lack of consistent and standardized measures for ensuring compliance with food safety regulations. “Good manufacturing procedures, risk analysis, and hazard controls have been a part of food testing for over two decades, and these principles are not universally adopted within the cannabis industry,” he said. “This can lead to products produced in facilities without proper environmental monitoring programs and using production practices that are not sufficient to protect consumers from contaminants.”
He explained that infused product testing is often performed by compliance laboratories that lack the experience and expertise to fully analyze food products. “The expertise required to navigate inherent challenges associated with commonly infused food matrices (chocolate, gummies, beverages) is not always present in compliance testing, as labs are built quickly with a focus on flower analysis,” Bird said. “As more complex matrices are introduced, methods must be further validated to obtain accurate results.”
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