Curaleaf forced to remove products in New York for changing THC metric on label without authorization

A Curaleaf was recently forced to remove tens of thousands of bottles of dried cannabis flower from the shelves of New York dispensaries. According to NY Cannabis Insider, the company switched to an unauthorized way of labeling potency, which led patients to believe that the cannabis they bought was much stronger than usual. This is not the first time that Curaleaf has had problems with the labels on its packaging. Last year, the company had already switched labels from THC to CBD (and vice versa) in “Select” branded products and ended up facing seven federal lawsuits in the United States, having admitted at the time to an “unintentional human error”. 

This time, the problem arose after Curaleaf started, last July, to put the “dry weight” measurements on the labels, without the authorization of the Office of Cannabis Management, the regulator of the State of New York. In New York, all products display the “wet weight” label, but the “dry weight” method shows significantly higher percentages of THC, making cannabis more attractive to buyers looking for the biggest bang for the buck.

The alert was given by a patient, Tom, who told NY Cannabis Insider that he had doubts and therefore decided to ask Curaleaf for the certificate of analysis: “I noticed that the THC on the label did not match the THC on the certificate of analysis”. After an email exchange between Tom and Curaleaf, the regulator intervened on 26 July, sending an email to Curaleaf, reiterating that the dry weight measurements “are for informational purposes only and cannot be applied labeling of approved products until an approved method is available”.

Stephanie Cunha, a spokeswoman for Curaleaf, told the NY Cannabis Insider that dry weight “is considered the most accurate metric for THC content in any type of cannabis sample.” And she added that "neighboring states like Connecticut, New Jersey and Maryland require testing based on dry weight." Cunha further explained that the company made the change to provide “a more accurate and consistent metric of THC content” to consumers, but did not respond to why the company did not seek regulatory approval. "Curaleaf holds their products to high standards and we are deeply sorry to our patient community for any confusion this change in methodology has caused."

Curaleaf said it had "temporarily removed certain products from the market, to redistribute with New York's mandatory wet weight measurement." However, the company said it was working with the regulator and believes New York State will switch to the dry weight metric soon.

Consumers seek higher percentages of THC 

At issue is the controversial issue of THC percentages. The same product can show a THC percentage of 20% if you use the wet weight metric, but it can go up to 37% when using the dry weight test. According to Geoff Brown, a pharmacist at MedMen in Buffalo and co-founder of the magazine CannaBuff, “The higher the potency of the flower, the more sales of that item we see,” he told the NY Cannabis Insider. The switch to dry weight testing resulted in a “considerable increase in sales” of Curaleaf's product at his store, Brown said, but left the dispensary staff with doubts.

Bob Miller, COO of ACT Laboratories, explained that from a laboratory perspective, dry weight allows for more accurate product-to-product or laboratory-to-lab comparisons. The downside to this approach is that it is misleading to patients… so it inflates potency.”

On the patient side, Timothy Mitchell confessed to the NY Cannabis Insider that mislabeling Curaleaf is problematic, both for accuracy and transparency: “Patients must be able to accurately assess their dose. Medicinal use is all about relieving symptoms and many of us have a clear idea of ​​what it takes to get the required result. For the sake of transparency, it is important to have accurate information, as some use medical cannabis after not getting results from the medical/pharmaceutical system and/or after feeling cheated by broken promises. Having to question whether or not our dispensaries are consciously deceiving us would be yet another setback,” he said.