The Long Way to Eliminate Pesticides, Molds, and Heavy Metals in the Illegal Cannabis Market: The Case Against Legalization and Uncertainty

Forty states allow for the sale of marijuana for recreational or medical purposes. Cannabis remains illegal under federal law. That means agencies like the Food and Drug administration don’t regulate the growing or testing of the product.

Of course, cannabis itself is associated with health risks, whether it’s contaminated or not. As cannabis products become more potent and as more Americans consume greater quantities of them, researchers say there are significant risks to brain function and mental health.

But for consumers who do choose to partake, there’s another layer of concern: Traces of other harmful substances like pesticides, molds and heavy metals might be lurking in a tasty-looking edible or nicely packaged vape. State regulators are trying to find a solution to the problem, but they have a long way to go.

All of those things have the potential to cause harm either in the short term — with an ER visit for vomiting, for example, which microorganisms could trigger — or in the long term, increasing your risk for certain cancers or neurological problems.

Researchers are still looking at how effective these consumer protections might be, but for now, if you’re getting your cannabis in a store that has regulated products, there’s less risk of encountering many contaminants.

“We found that there are over 600 contaminants that are regulated across some 30 states that had legalized cannabis at that time,” Leung says. “But interestingly, in each jurisdiction there’s only anywhere between 60 to 120 contaminants that are regulated.”

Those restrictions have left a huge opening for underground producers and distributors, some backed by criminal gangs. NPR has found those products are often grown and processed in unsanitary conditions with banned pesticides and unhealthy working conditions. And they typically don’t have trustworthy potency guidelines.

“We’re talking about a market that lacks transparency and accountability. Paul Armentano is a deputy director of the National Organization for the Reform of Marijuana Laws.

Beau Kilmer, a research analyst at the RAND drug policy research center, said it will take time to significantly reduce the size of the illegal market after legalization.

“There was a black market for years for moonshine” after Prohibition ended, said Daniel Okrent, a historian whose book Last Call is a history of alcohol bans in the U.S. Some prohibition laws in the US lasted into the 50s and 60s. They were ignored but they existed.”

Legal cannabis producers say they think over time, the safer, regulated marijuana brands will win out. It will make it easier to know which products to get off the shelf.

In California, there were more than 60 recalls in 2024. Marijuana products include cannabis flower buds, pre-smoked marijuana cigarettes, and vaping products. That’s up from just four cannabis recalls the year before in the state. Officials tell NPR that there’s been an increase in testing.

Zarha is proud of her teams for their hard work at the California Department of Cannabis Control and says there has been an increase in recalls.

“I think it’s indicative of the fact that the department is putting out all the stops to make sure that the tools and resources that we have are being used to keep consumers safe,” she says.

“The general public largely assumes, ‘Hey, it’s in a state-regulated store. It needs to be pure and regulated like any other product in a state-regulated market. “

“You’re not gonna keel over if you buy some cheap suspect weed,” said Mitchell. You could develop a lung problem in 10 years if you smoked cleaner weed, that person won’t.

There’s a dispensary he can walk to, but he gets in his car to drive to a place that has marijuana he can trust. That is a privilege for someone with deep knowledge of the industry.

Is It Safe to Be Out of Control? Thomas Mitchell, a Colorado Licensed Cannabis Producer, and the Marijuana Enforcement Division

Mitchell said that people assume it’s safe because of the guardrails. “But when you actually look at the end result, I think that’s up for debate definitely.”

Justin Singer makes edible cannabis products in Colorado under the names Ripple and Ript, and over the years, he has become increasingly concerned about the state’s lack of enforcement of the industry and what that means for the safety of the marijuana supply.

When Singer released a product that was less expensive, and increased sales by 500%, he expected it would prompt an inspection from the state Marijuana Enforcement Division.

“The kind of guy who wants an honest playing field,” Singer said. “Professional sports would not be fun if there were no referees and one team was allowed to cheat, while one team tried to follow the rules. It would be very difficult to watch, even if you wanted to.

Thomas Mitchell was an editor at the Colorado weekly, after reviewing cannabis products for Westword. He’s written extensively on health and safety advisories and recalls issued by the state. He said it’s a buyer beware market.

“I consider Colorado weed today to be on par with New York street weed in 2008. In fact I think the cartels probably cared more about their consumers than a lot of people here,” said Singer. I have the data to back it up.

Because marijuana is still illegal under federal law, federal safety agencies, like the FDA, do not regulate grow operations. There are likely to be good manufacturing practices in the way the marijuana is grown if they did. The formula suggests that a clean facility, clean air and water equals a clean product. That is what is needed for salad greens. Right now, none of that is required in marijuana, in any state, not just Colorado.

If we require that dog food follow the same safety guidelines as for cannabis, then I don’t know what the industry is doing,” he said. “So I am pretty sure that the industry already feels like it is over regulated and very much is.”

The director of the Marijuana Enforcement Division, Dominique Mendiola, would not comment directly on data from Ripple cofounder Justin Singer, nor on whether the supply of marijuana is safe, but said there is a robust process in place for ensuring marijuana is free of contaminants.

There have been 97 health and safety notices by the MED. Marijuana products that have been sold and consumed many times, are included in the advisories at times. That indicates the product was contaminated in some way after leaving a grow or in storage, but testing is not always able to find dirty weed.

“We do see ongoing need to continue to work on that,” said Mendiola. “And ensure that we are reaching consumers effectively, that we are providing information that they ultimately need to determine: do they have certain products that we’ve identified as a potential threat to health and safety?”

She said in recent months they updated the health and safety notice page online, and will soon distribute flyers to help educate consumers on safety issues.

Source: Even where weed is legal, product safety isn’t guaranteed

Cannabis prices in Colorado are very hard to beat: A survey by Bethe Anitani, a researcher at the university of Colorado, Boulder

Mendiola acknowledged that the marijuana industry is suffering, prices for cannabis have crashed after a huge infusion of investment during the pandemic lockdowns when sales were rising quickly. Now businesses are closing, limiting license revenue that funds MED enforcement. She noted that they are downsizing their offices in Lakewood to reduce costs.

“We’ve been, for a few years now, looking at those opportunities to save costs, cut expenses, in a way that still allows us and ensures that we’re able to carry out our regulatory obligations,” said Mendiola.

The co-founder of The Flower Collective said, “I think at this point in Colorado you’re dealing with the safest weed you can have in the United States.” “At the end of the day there’s a lot of things Colorado’s learned that other states haven’t learned yet, and one of those, the big one’s, heavy metals.”

Shaw reported that the rate of recalls in Colorado has slowed after a big increase. He said that the financial struggles of the industry in Colorado means fewer producers.

“It’s hard to make judgements on if it’s right or wrong when there’s like zero data to really go into the health impacts,” said Tess Eidem, a senior research scientist at the University of Colorado, Boulder’s lab for aerobiology and disinfection.

The Food and Drug Administration has endorsed irradiation as safe for food products, citing 30 years of research, but labeling is required when used. That’s not the case with Colorado cannabis, where the industry successfully fought a labeling law last year.

It is necessary that products pass a final test. Growers are already suffering from a downturn in sales prices, so the process can be difficult. Stores are closing.

Opie is an expert in lab testing and marijuana. He said the money sunk into a harvest means there’s tremendous pressure to get it to market.

Opie said it would be a good idea for states to implement a shelf surveillance testing program, to monitor the product that actually makes it to consumers.