THC Potency Limits by State: A Comprehensive Overview

THC potency is how much delta-9 THC (measured in milligrams) is in a single product. In its original form, the cannabis plant was not very potent — average THC levels were around 10% and below. But thanks to decades of careful cultivation, today’s cannabis plants and products are far more potent than ever before.

Over half of all Americans live where cannabis is now recreationally, but each state approaches the question of potency differently. Since cannabis programs are state-run, it’s left up to the discretion of the state governments — most of whom don’t have a fundamental understanding of cannabis and how it works. As such, there is huge variability in THC potency limits by state.

Some states leave it up to the discretion of brands and have no regulations on THC caps. Others impose strict THC caps in the name of consumer protection, because frequent consumption of high-potency products is associated with higher rates of negative side effects. This inconsistency can result in consumer confusion and challenges for brands operating in multiple markets.

Which states cap THC potency in the name of consumer protection and which states leave it up to the market to decide? AlphaRoot reviewed the policies of 10 states with established recreational cannabis markets to see just how common THC potency caps are. (Medical markets are a different beast — and blog post — entirely.)

We sorted them into three categories:

• High-regulation: strict THC potency limits and limits for different types of products
• Moderate regulation: limits on certain types of products
• Low-regulation: minimal to no THC potency limits on any products.

High-Regulation States:

• California:
  • Flower: No state limit, individual cities/counties may impose limits.
  • Concentrates: 1,000mg per package for recreational, 2,000mg per package for medical
  • Edibles: 10mg THC per serving limit, 100mg THC per package limit
• Connecticut:
  • Flower: 30% THC cap
  • Concentrates: 60% THC cap
  • Edibles: 5mg THC per serving, 100mg THC per package
• Vermont:
  • Flower: 30% THC cap
  • Concentrates: 60% THC cap
  • Edibles: 5mg THC per serving limit, 100mg THC per package limit

Moderate-Regulation States:

• Massachusetts:
  • Flower: No limit
  • Concentrates: 70% THC limit
  • Edibles: 5.5mg THC per serving limit, 110mg THC per package limit

• Oregon:
  • Flower: No limit
  • Concentrates: 2,000mg limit per package
  • Edibles: 10mg THC per serving, 100mg per package

Low-Regulation States:

• Nevada:
  • No state-wide THC limits for any product type. Individual cities/counties may impose limits.
• Washington:
  • Flower: no limit
  • Concentrates: no limit
  • Edibles: 10mg THC per serving, 100mg THC per package
• Colorado:
  • Flower: No limit
  • Concentrates: no limit
  • Edibles: 10mg THC per serving limit, 100mg THC per package limit
• Alaska:
  • Flower: No limit
  • Concentrates: no limit
  • Edibles: 10mg THC per serving limit, 100mg THC per package limit
• Maine:
  • Flower: No limit
  • Concentrates: no limit
  • Edibles: 10mg THC per serving limit, 100mg THC per package limit

Potency regulations are another hoop for cannabis businesses to jump through — but your success depends on compliance.

For canna-brands that operate in a single state, staying compliant is a matter of understanding your regulations and taking testing seriously. Accurate lab results are the backbone of successful brands, especially in states with low THC limits.

Things get more challenging for multi-state operators, who have to juggle multiple state potency regulations, particularly if you operate in both the medical and recreational market. It is vital to your success to have a product manager or director who understands intimately the THC limits in each state you operate in. One of the easiest ways to remain compliant is to offer the same product at different strengths, like brand Betty’s Eddies does with their fruit chews.

Having established, clear SOPs in place for product production across multiple states and relationships with multiple testing labs can help businesses manage a changing regulatory landscape.

THC potency limits are a controversial topic in the cannabis industry, but regardless of how you feel about them, you must remain compliant in the states that have them.

Supporters of THC limits argue that they help consumers and brands shift the focus off high-THC products, while detractors argue that they stifle the creativity of brands and reduce consumer choices.

Remaining compliant is the first order of business for every canna-businesses, but getting involved with state policy is a great way to advocate for change that protects, rather than hurts, the industry.

Protecting your cannabis company can seem confusing; however, we’re a full-service insurance brokerage working with carriers worldwide to offer you the best coverage possible. We’re here to help! Please reach out to us today by email [email protected] or calling 646-854-1093 for a customized letter or learning more about your cannabis insurance options.

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