ACS Laboratory takes testing CBD to the next level by going beyond the strictest regulatory requirements. Despite a lack of uniformity between state and federal guidelines, ACS has developed innovative testing methods and employs state-of-the-art equipment to set the highest standards. ACS’s reliable methods protect clients from FDA warning letters, recalls, and potential lawsuits due to inaccurate labeling or adverse effects as a result of contamination. 

This article details the regulatory uncertainty of CBD testing, the complicated web of state hemp regulations, and why ACS Laboratory is the best CBD testing lab for top-tier brands.

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Uncertainty Surrounding Federal CBD Regulations

Years after the Farm Bill passed in 2018, CBD remains in an uncertain regulatory state. On the one hand, the DEA considers hemp-derived CBD products legal if they contain less than 0.3% THC. On the other hand, the U.S. Food and Drug Administration (FDA), which oversees food, drugs, and supplements, refuses to issue rules surrounding the compound. 

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• In a 2024 statement, the FDA doubled down on its position that CBD products don’t qualify as food and dietary supplements. 
• Still, the FDA requires all ingestible substances, including CBD, to adhere to the Federal Food, Drug, and Cosmetics Act, which enforces quality standards for food and drug products. 

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As a result, the agency takes action against CBD and other hemp-derived products that they perceive as breaking the rules. Since 2018, the FDA has sent countless warning letters regarding mislabeling, packaging, and marketing claims of “unsubstantiated medical value.” For example:

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• The FDA has notified brands that shipping certain CBD products between states violates the FD&C Act. 
• Companies have received warning letters for illegally selling unapproved CBD products claiming to treat cancer, Alzheimer’s disease, opioid withdrawal, and pain, among other conditions. 
• The FDA worked with the Federal Trade Commission (FTC) to warn companies against selling copycat products with packaging that resembles traditional foods like chips, cookies, candy, and gummies. 

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The FDA has indicated that some risk-management tools for CBD products could include clear labels, imposing CBD content limits, and testing CBD for contaminants. ACS Laboratory already incorporates these standards in testing CBD products, helping to ensure label accuracy and avoid FDA interventions.

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State-Level Regulations: Navigating a Patchwork of Laws

In lieu of federal standards, some states have established laws for testing CBD and hemp. CBD brands that want to sell in these states must ensure their products meet the strictest requirements.

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For instance:

• Florida, New York, Colorado, Pennsylvania, Louisiana, and Utah issued testing requirements that are more comprehensive than the USDA’s mandates. 
• New York’s finished goods requirements are more comprehensive than those of most other states. It mandates that labs test for 16 cannabinoids.
• States like Florida and Colorado have stringent regulations for contaminants when testing CBD, especially for pesticides, solvents, and bacteria. 

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The lack of uniform state testing laws makes it complicated for multi-state hemp brands to sell CBD products nationwide. Fortunately, ACS Laboratory eliminates guesswork through its National Hemp Testing Panel. 

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CBD Testing with ACS Laboratory 

ACS is a leader in testing CBD nationwide, having received 82 Emerald Badges for accuracy in potency and purity (more rewards than any other lab in the USA). Our team stays current on federal and state limits regarding cannabinoid potency, giving brands the information they need to properly label products based on the Federal Food, Drug, and Cosmetic Act. In addition, ACS provides an easy-to-read certificate of analysis (COA) verifying products have passed compliance, quality, and safety tests.

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Unfortunately, inexperienced laboratories sometimes get the details wrong. Such mistakes lead to COAs whose details don’t match the actual potency. 

• In an FDA study, fewer than half of the tested products contained the reported amount of CBD, varying from 20% to more than 120% of what the label said. About half the products (49%) contained THC.

• An analysis by UW–Madison found that just 15% of CBD-infused oil, beverages, and other products had accurate labels, with many containing measurable amounts of THC. 

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ACS Laboratory analyzes THC, CBD, and up to 32 cannabinoids when testing full-spectrum CBD products, giving brands peace of mind.  

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Reliable testing for purity and safety 

In addition to potency limits, many states require that products pass strict contaminant screenings for consumer safety. Product safety is a significant issue due to reports reflecting widespread contamination. 

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• A recent federal lawsuit showed that CBD products failed laboratory testing for heavy metals, including copper, nickel, lead, as well as yeast and mold content. 
• Another survey also detected dangerous heavy metals, residual solvents, and pesticides in CBD products.

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As a result, several states require CBD safety testing, including:

• Heavy metals, such as lead,  cadmium, arsenic, and mercury
• Residual solvents used to make hemp-based extracts, like butane, ethanol, propane, hexane, and acetone
• Pesticides
• Mold and mildew

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ACS Laboratory’s National Hemp Testing Panel

ACS Laboratory crafted its National Hemp Testing Panel to meet the most stringent state contaminant requirements. Developing this comprehensive compliance test required researching the fine print of every state's rules, such as new pesticide requirements from Colorado and California, and state-required heavy metals that go beyond United States Pharmacopeia (USP) guidelines. 

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Testing CBD with ACS Laboratory employs state-of-the-art Ultra-High-Performance Liquid Chromatography and Real-Time Polymerase Chain Reaction technology that guarantees precision in detecting contaminants at trace levels. This accuracy, along with ACS’s attention to detail, allows brands to detect the most compounds of any test in the industry, including:

• Up to 32  cannabinoids
• 105 pesticides
• 24 heavy metals
• 55 potential residual solvents
• 17 different microorganisms
• Every required mycotoxin
• Moisture content and water activity
• Terpene profiling (upon request)

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The Bottom Line

ACS Laboratory eases the CBD testing process, allowing brands to navigate the lack of federal regulations and disjointed state requirements for testing CBD products. ACS’s advanced methods and equipment ensure that CBD products are safe, high-quality, and compliant to sell nationwide. 

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To learn more about the National Hemp Panel and submitting samples for testing CBD products, contact ACS today for a free consultation.