One of the greatest challenges we face is the need to ensure that hemp cultivated for industrial purposes or for the extraction of CBD does not exceed the legal limits of tetrahydrocannabinol (THC), the psychoactive compound of cannabis. Scientifically, the relationship between THC and CBD in floral hemp plants is intrinsic. Research at the North Carolina State University reveal that, although the objective is to maximize the CBD content, the plant will always produce THC, even in minor proportions.
Specifically, the CBDA synthase enzyme produces an approximate proportion of 20 CBDA molecules for each THCA molecule, the precursors of CBD and THC, respectively. This means that it is practically impossible to achieve a hemp harvest with 0% THC using current genetics. Producers must expect the total CBD Ronde content between 6% and 7% when the plant reaches the 0.3% compliance threshold of THC in some countries or 1% in Mexico.
This scientific fact underlines the “thin line” that separates the legal hemp from cannabis with higher THC levels. The maturation of the plant directly influences THC levels, which requires rigorous and constant tests to guarantee compliance. A harvest delay, for example, can lead to THC levels exceeding the permitted limit, resulting in the destruction of whole crops and significant financial losses for farmers.
The challenges are not limited only to the biochemistry of the plant. The industry faces multiple obstacles, including the genetic variability of the seeds, which can result in unexpected levels of THC. Environmental factors such as soil composition, temperature, light, water and plant stress can also influence the THC content. Cross pollination with cannabis plants with a high THC content in the vicinity is another constant threat, as well as the precision of laboratory tests, which are fundamental for the verification of compliance.
A worrying example of the implications of this thin line is the recent lawsuit of the attorney general against Gee Distributors, which operated as CBDDY. The accusation is that this company marketed marijuana as an industrial hemp, with products that contained significantly higher THC levels than allowed. This case highlights the critical importance of strict regulation, laboratory certification and the verification of consumer age to protect the public and maintain the integrity of the industry.
Beyond production, the cannabis industry in the United States also battle with complex regulatory challenges, a lack of access to traditional banking and financial services due to discrepancies between federal and state laws, and the need to establish clear standards of labeling and packaging. The tension between hemp and regulated cannabis creates a “regulatory vacuum” that allows some products derived from hemp with circular THC isomers with less restrictions, which undermines the efforts of companies that comply with all regulations.
In Mexico, the development of a robust and clear regulatory framework is very important to promote innovation, guarantee consumer safety and promote sustainable growth. It is mandatory to work together, government, producers, scientists and consumers, to educate and establish standards that ensure that all cannabis products in the market are safe, duly labeled and comply with the laws.
Only through transparency, scientific rigor and a well thought out regulation we can overcome current challenges and ensure that the cannabis industry in Mexico reaches its maximum potential, offering quality products and contributing positively to our economy and society.
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