The cannabis industry has been undergoing rapid growth, but with expansion comes challenges—one of the most pressing being inconsistencies in testing and regulatory standards. Industry expert David Vaillancourt has dedicated much of his career to setting clear guidelines for testing labs, advocating for transparency, and ensuring that businesses operate with integrity.
Who is David Vaillencourt?
Vaillencourt is a well-established figure in the cannabis sector, bringing a wealth of experience in regulatory frameworks and industry standardization. His credentials include:
- Vice Chair of ASTM International’s Committee D37 on Cannabis Standards
- Board Chair and Co-Founder of the S3 Collective, a nonprofit focused on cannabis industry standards
- CEO of the GMP Collective, a consulting firm specializing in regulatory compliance
His work often intersects with testing laboratories, a sector currently facing heightened scrutiny due to allegations of fraud and legal disputes across states like California, Colorado, Massachusetts, and New York.
The Issue of Testing Lab Fraud
Why Are We Seeing More Testing Scandals?
Testing fraud is not a new phenomenon—it has persisted since the advent of third-party lab testing. However, recent attention on the issue is a positive sign that the industry is beginning to demand greater accountability.
According to Vaillencourt, the problem is exacerbated by “lab shopping,” where cannabis businesses select labs that provide more favorable results, often inflating THC levels. This practice misleads consumers and skews market competition.
“The industry needs to take responsibility,” says Vaillencourt. “Businesses must stop prioritizing higher THC numbers over accuracy and integrity.”
How Standardization Can Help
While standardization is crucial, it must be approached strategically. A balance is needed between uniformity and innovation. Instead of enforcing identical testing methodologies across all labs, the industry should establish clear performance benchmarks, including:
- Minimum accuracy and precision standards for lab results
- Randomized sampling protocols to prevent selective testing
- Clear frameworks for verifying THC content and contaminant levels
Current Progress in Standardization
Encouragingly, the industry has already taken steps toward improved regulation. Over 60 standards have been established through the consensus process, covering areas such as:
- Proper sample collection and preparation
- Analytical testing methodologies
- Packaging and labeling requirements
- Sustainability standards
As of mid-2024, 13 states have adopted ASTM standards, signaling progress toward a more unified regulatory environment.
Addressing Industry Challenges
Legal Action Against Fraudulent Labs
Lawsuits targeting fraudulent testing practices are becoming more common, and while some see them as competitive tactics, Vaillencourt believes they play a crucial role in driving reform. “While lawsuits alone won’t solve the problem, they bring necessary visibility to these issues and push the industry toward accountability.”
Spot Inspections and Reference Labs
Regular, unannounced inspections can help ensure compliance. Reference labs—independent, government-run facilities—could serve as a gold standard for validating disputed test results. Without financial incentives influencing their findings, reference labs would enhance transparency and trust within the industry.
The Challenge of Hemp-Derived THC Products
Another pressing issue is the mislabeling of hemp-derived THC products. Studies indicate that many of these products fail to meet label claims, leading to potential health risks for consumers. Additionally, some businesses have engaged in “inversion,” falsely marketing hemp-derived THC as marijuana-derived distillate.
Moving Toward a More Transparent Future
As consumer demand for cannabis grows, so does the need for stringent testing and regulation. Vaillencourt urges businesses to embrace ethical practices and industry-wide standards to ensure long-term success and credibility.
With increasing scrutiny, legal interventions, and the adoption of standardized frameworks, the cannabis industry is on a path toward greater reliability and consumer trust. However, businesses must actively participate in these changes to drive lasting improvements.
Can Cannabis Testing Fraud Ever Be Eliminated?
When asked whether the issue of fraudulent cannabis testing could ever be completely eradicated, Vaillencourt offered a pragmatic view. “There’s always going to be a market for anything people desire—if someone is willing to pay for it, they’ll find a way to get it,” he noted.
However, the real question isn’t whether the problem will disappear entirely but rather how much progress can be made in restoring integrity and consumer confidence. “At what point can we say the industry is trustworthy and ethical? I don’t think we’ve fully defined what that looks like yet, and that’s something we need to work toward,” he added.
Vaillencourt also criticized the industry for its complacency, arguing that many businesses are simply taking advantage of the flawed system rather than actively working to fix it. “The industry, in many ways, is asleep at the wheel—too many companies are benefiting from the ability to lab shop without considering the long-term damage this does.”
While complete eradication of fraud may be unrealistic, increasing oversight, standardization, and industry-wide ethical commitments can significantly reduce its impact, paving the way for a more transparent and responsible cannabis market.