By Evan Wyloge and Chris Osher | Denver Gazette
A Denver district court judge ruled against a cannabis cultivator’s request to force Colorado to immediately overhaul the state’s cannabis testing rules and seemed ready to rule for a complete dismissal of the case, after a full day in court Wednesday arguing over whether the state is living up to its obligation to protect marijuana consumers.
The decision effectively keeps state cannabis regulators from being compelled — for now — to crack down on the alleged illegal use of hemp-derived THC distillate in the state’s legal marijuana supply chain.
The lawsuit raises concerns about the legitimacy of Colorado’s legal cannabis market, once seen as an industry gold-standard. Depending on how pervasive the use of the synthetic, hemp-derived THC products, cannabis consumers could be at risk of exposure to the highly-toxic chemicals used in the banned, but untested, THC conversion process, industry insiders earlier said.
District Court Judge Jill Dorancy’s ruling came despite testimony from witnesses that lent support, at least in part, to the allegations made by the plaintiff in the case, Mammoth Farms, a Saguache-based cannabis cultivator.
Witnesses described evidence that cheap, low-THC hemp has been chemically converted, through the use of methylene chloride, into a high-THC distillate that has found its way into edibles and vaporizer cartridges in the state’s legal cannabis market. Trace residues of the highly toxic solvent have been found in some independent tests, according to two cannabis testing facilities, and twice the state has taken regulatory action against manufacturers using the chemical.
David Mathis, the owner of Denver-based Bona Fide Laboratory, said he found methylene chloride in an April 2024 sample, submitted by an extraction company that was later found by the Colorado Marijuana Enforcement Division to have been using the process.
The state acknowledged at least two investigations that turned up the use of the process during agency investigations. And even though the process is prohibited, the chemical is not tested under the state’s rules — one of the main changes sought in the lawsuit. Methylene chloride has been banned for most uses by the EPA due to the significant danger it poses to public safety if ingested.
Mathis also countered claims by the state that adding methylene chloride to the battery of cannabis tests would come with a sizable cost. He estimated that the test might add only a few dollars. He said the current equipment required for other state-mandated tests would be able to test for the chemical.
Justin Trouard, owner of Mammoth Farms, testified that he personally observed how chemically converted hemp-derived THC products have flooded the state’s legal cannabis market. Because hemp is much cheaper to grow than marijuana — and the chemical conversion process far less costly than traditional extraction — Trouard said bad actors in the industry are using synthetic THC to cut corners and increase profits.
He alleged that these products, made with solvents like methylene chloride, are being mislabeled and sold as legal marijuana in vaporizer cartridges, edibles, chocolates, and tinctures. Despite the MED issuing alerts warning about the health dangers of hemp-derived THC, including its link to neurotoxicity and organ damage, Trouard said the agency has failed to meaningfully enforce its own ban on such products.