At Vibe Cultivators, an indoor cannabis farm in Sacramento, the first thing to hit you is the smell. Earthy, skunky, whatever you want to call it, that is some pungent weed.
There are aisles of plants, growing on two levels under artificial lights. They have names like Gelato 33 and Alien Runtz.
"As you can see, all our plants are tagged," says Brian Prichard, Vibe's entrepreneur in residence.
The state-sanctioned tags are a sign this isn't weed grown by a guy who knows a guy. They contain the name of the state-licensed grower, the license number and an ID number just for the plant, so cannabis regulators can keep track of it.
Check out the rest of the series: How safe is your weed?
Things have changed since the days before California legalized marijuana, Prichard says. Back then, he had to be secretive about his work, which meant asking for help was challenging.
"Before, you know, I'd go to Home Depot and I'd tell them, 'I need this part and this part to make something.' Well, they want to know what I'm making. 'Well, I can't tell you... I just need these parts,'" Prichard says.
Now, he can just ask for information, even from state regulators.
The California Department of Cannabis Control officially formed in 2021, combining what various other state agencies were doing to stay on top of the newly formed legal weed industry in the state. One of its primary jobs is to keep weed safe. It's a task many states with legalized marijuana struggle with, in the absence of federal support or guidance.
And without a deep well of scientific research โ it hasn't been easy. Weed can contain mold, bacteria, or even heavy metals like arsenic. It can also be unexpectedly potent, not matching the THC levels on its label. States are trying to keep weed consumers from getting sick, while
supporting a growing, tax-paying industry.
"We like to say around here that we're building the plane as we fly it," says Zarha Ruiz, who leads environmental compliance and manufacturing safety at California's Department of Cannabis Control. "Nothing could be more accurate."
On their own
For cannabis, unlike for brownie mix or Tylenol, there's no federal Food and Drug Administration to keep consumers safe. In that vacuum, weed regulators from several states came together to form the Cannabis Regulators Association, says Gillian Schauer, the group's executive director.
"States were struggling to set up literally their own mini FDAs and mini EPAs to try to do the due diligence that was needed," Schauer says.
The states share information, holding meetings and webinars to update each other on what's working and discuss evolving best practices, for instance.
But they don't all test for the same things. According to a 2022 study about the patchwork of regulation around the country, states were testing for more than 600 contaminants in all.
"Interestingly, in each jurisdiction there's only anywhere between 60 to 120 contaminants that are regulated," says Maxwell Leung, an assistant professor at Arizona State University who authored the study. For example, a contaminant might lead to a recall in one state. But another state may not even be testing for it.
Testing for more contaminants isn't necessarily better, however, he says. Without a vast body of research, scientists and regulators don't know which contaminants have the biggest impact on human health.
Still, California has seen recalls of legal weed โ it had 63 last year, the most since the Department of Cannabis Control formed in 2021. That meant sellers had to yank 25,000 individual units of cannabis products from their shelves, because of things like microbial contamination or misbranding.
The California Cannabis Industry Association which represents growers, manufacturers and dispensaries, generally supports the state's effort to regulate. The association says it's "heartened" by the state's recent work on recalls, which came after an investigation called out the state for missing illegal pesticides in legal weed.
"That's not to say there isn't room for improvement in any emerging industry, and cannabis is no exception," says Caren Woodsen, the president of the association's board of directors.
Preventing a weed health crisis
For Ruiz in California, the regulators' priority is keeping people safe. People in the industry remember the EVALI crisis, a 2019 outbreak of lung injuries and hospitalizations across all 50 states linked to vape products containing vitamin E acetate, an additive in some e-cigarettes with THC. At least 68 people died, including four in California.
The possible health risks aren't confined to smoking. The Department of Cannabis Control also regulates edibles like gummies, brownies and sodas. In those types of products, the THC dose may be higher than indicated by the label. Edibles may also be contaminated by bacteria, which could sicken the person who consumes it.
According to the Centers for Disease Control and Prevention, emergency room visits related to cannabis increased between 2019 and 2022 for people under 25. Earlier research showed edibles were responsible for a disproportionate share of cannabis-related ER visits.
Down the street from the Sacramento pot farm, there's a factory that makes a product called Wyld gummies.
On a recent grapefruit gummy-making day, a machine poured the solution into rectangular molds. Everyone was wearing hair nets, masks and blue gloves. It looked and smelled like any other factory that makes food, but stored in a metal locker inside a back room, there's a special ingredient: THC oil.
"Our gummies are four grams, but only 10 milligrams of that is cannabis or cannabinoid product," says Gabe Parton Lee, the company's attorney. "And so the majority is just candy."
Still, it's inspected by the California Department of Cannabis Control instead of the FDA or state inspectors under contract with the FDA.
In the distribution room, hundreds of boxes of marionberry flavored gummies are cordoned off to the side under a sign that says "Quarantine Area" in red lettering. The gummies are awaiting batch testing results at one of 27 licensed labs around the state before they can be loaded on trucks and on their way to retail destinations. Inspectors will be checking for contaminants and THC levels.
Using science for safety
In California, the Department of Cannabis Control tracks almost every step in the cannabis pipeline. Weed manufacturers even have to report how many pounds of plant trimmings they throw away.
The department's lab in Richmond, near San Francisco, leads the state-licensed labs. It uses sensitive machines to test for hundreds of contaminants, setting standards and helping law enforcement with investigations involving the illicit marijuana market.
And as the California cannabis industry has evolved, the lab has had to keep up, finding ways to test everything from gummies to hard candies to beverages to popcorn.
"There's all kinds of things that people are infusing with cannabinoids that we have to be able to extract them out of to then declare if it is accurately labeled" or that the labeled dosage is accurate," says Antonio Frazier, branch chief for the department's Laboratory Services Division. "It's a very interesting industry and I love it because you see so much ingenuity. I mean, you're seeing really creative products out there."
Over the last five years, the legal cannabis market has gotten a lot cleaner, especially compared to what he's seen in the illicit market.
"We see the levels of illegal pesticides that are 10, 100 times the actual limit coming from the illicit market," he says. The DCC has also occasionally found fentanyl in non-regulated cannabis products.
In other words, it's still safer to buy regulated weed than illicit weed โ even though regulated weed is more expensive.
None of Vibe Cultivators' products have ever been recalled. Brian Pritchard says the regulation is doing its job, which helps him do his job.
"I don't have to sneak in at midnight to get my work done anymore," he says. "It's a major improvement. The only people that are going to complain about it [are] the people who are doing stuff wrong."
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