Last month as part of their broader rules package in response to the passage of SB 56, the Ohio Division of Cannabis Control (DCC) introduced new packaging requirements and microbial testing standards for cannabis flower. This shift reflects a broader national trend of regulatory maturation, though it has raised important questions regarding patients’ and consumers’ health and safety.
The Shift in Microbial Standards
Under the original medical marijuana program, Ohio maintained a strict limit for total yeast and mold counts (TYMC) at 10,000 colony-forming units per gram (CFU/g) for cannabis flower. In its latest rule updates, the DCC has quintupled this threshold, allowing up to 50,000 CFU/g for plant material. While processed products like oils and edibles continue to adhere to lower limits, the increase for flower represents a significant pivot for cultivators and testing laboratories.
The Regulatory Rationale
The DCC suggested that this change was not made to lower safety standards, but to align Ohio with other successful markets and address operational challenges. Regulators noted that the previous 10,000 CFU/g limit resulted in frequent technical failures. These failures often occurred in batches that were otherwise free of dangerous pathogens but contained naturally occurring, harmless yeasts and molds common in agricultural environments.
By raising the limit to 50,000 CFU/g, the DCC aims to reduce product waste and stabilize the supply chain. The move is expected to lower overhead costs for cultivators, which regulators hope will ultimately lead to more competitive pricing for consumers. Furthermore, the DCC maintains that this alignment with states like Michigan and Connecticut creates a more predictable regional market for businesses operating across state lines.
Comparative Landscape: Other States’ Thresholds
Ohio’s new standard places it in a middle ground compared to other state-regulated programs. On one end of the spectrum, states like Maryland, Pennsylvania, and Missouri still maintain the 10,000 CFU/g limit, often citing the need for maximum protection in medical-heavy markets. Delaware remains an extreme outlier with a limit of just 400 CFU/g. On the other end, adult-use focused states like Michigan and Connecticut allow up to 100,000 CFU/g, prioritizing high-volume production and market accessibility over the strictest possible microbial thresholds.
Health Risks and Safety Guardrails
The primary concern with higher mold counts is the potential impact on immunocompromised patients, such as those undergoing chemotherapy or living with chronic respiratory conditions. While a higher general mold count may only cause minor irritation for a healthy individual, it increases the risk of exposure to mycotoxins—toxic compounds that can survive the heat of vaporization or combustion and enter the lungs.
Despite the increase in total counts, the DCC has kept its zero-tolerance policy for specific, life-threatening pathogens. All cannabis flower must still be tested and found completely clear of Salmonella, Shiga toxin-producing E. coli, and four specific strains of Aspergillus (flavus, fumigatus, niger, and terreus). These targeted tests serve as the state’s primary defense against severe fungal infections, ensuring that while general counts are higher, the most dangerous organisms are still strictly prohibited.
What causes mold to grow on cannabis?
Licensees note the 10,000 limit is difficult to maintain consistently without heavy-handed remediation, even in clean rooms. High humidity (>60-70%), improper drying (<12-14% moisture) and the presence of leaf litter in the grow spaces can contribute to mold. The most prevalent fungi identified when testing cannabis are Penicillium, Aspergillus (including A. ochraceus, A. niger, A. flavus), Cladosporium, and Fusarium.
What Consumers Are Saying
High mold counts—predominantly Aspergillus, Penicillium, and Cladosporium—can cause severe respiratory issues, particularly in immunocompromised individuals.
Consumer sentiment on platforms like Reddit is skeptical, often framing the change as a “race to the bottom” for quality. Patients and consumers have reported:
- Muted Terpenes: Higher mold allowance could allow cultivators to skip proper drying and curing, leading to flower that smells like “hay” or “grass.”
- Suspicious Remediation: There is a heavy debate about remediated flower (product that failed the test but was “cleaned” via UV or ozone). Consumers often claim this flower feels “dry,” “lifeless,” or “chemically harsh.”
- Powdery Mildew (PM) or Internal Bud Rot: While “visual mold” (like Botrytis or gray mold) is rarely reported in the legal market due to visual inspections, Ohio consumers on Reddit have shared photos and concerns regarding white spots on leaves, as to whether they are seeing PM or trichomes. Some have reported finding “brown, mushy centers” in larger “cola” buds, indicating internal bud rot.
While the industry views the change as a necessary step for a maturing adult-use market, some patients say they have lost the “medical-grade” assurance that once distinguished Ohio’s program from the “wild west” of other states.
Consumer Protections and Recourse
For patients and consumers, the new rules underscore the importance of personal vigilance. When purchasing cannabis, it is helpful to inspect the product for visual signs of contamination, such as fuzzy gray or white patches that look distinct from the crystalline trichomes. A musty, damp-basement, or hay-like odor can also be a strong indicator of mold that may not have been caught by random batch sampling.
If a consumer suspects their product is moldy or if it causes an adverse health reaction, Ohio law provides clear paths for recourse. Under administrative rule 1301:18-8-12, dispensaries are required to accept returns of defective products within 30 days of purchase. Consumers should bring the original packaging, which contains the essential batch and lot numbers, along with their receipt.
Beyond seeking a refund, individuals are encouraged to file an official complaint with the Division of Cannabis Control via their online portal or by calling 1-833-464-6627. These reports are vital, as they allow regulators to track patterns of contamination and hold specific cultivators or laboratories accountable for maintaining the purity of Ohio’s cannabis supply.
Packaging Changes
Another key area that the recent rule package defined is labeling and packaging. The following DCC updates were made in March:
1. Mandatory DCC Seal and Licensing Info
- DCC Seal: All product packaging must securely affix or print the official DCC seal on the front or primary display panel.
- Dual-Use License Number: Licensees operating under a dual-use certificate must update packaging to include the new dual-use license number.
- Digital Seal: The DCC seal is also required on licensee websites for Ohio consumers.
Packaging Design Restrictions
- Child-Resistant & Opaque: All products must be in child-resistant, tamper-evident, and opaque packaging (meaning the product cannot be seen without opening it).
- Anti-Appealing to Minors: Packaging cannot use cartoon characters, animals, or imagery that appeals to children. It cannot imitate existing commercial food or candy products.
- Universal THC Symbol: The DCC-approved universal THC symbol must be present on the front of the packaging and directly on single-serving edible servings.
Labeling Content Requirements
- Warnings: Labels must contain the mandatory warning: “Keep out of reach of children. This product contains cannabis.”
- Detailed Information: Labels must list the cultivator/processor name, batch/lot number, ingredients/allergens, manufacture/packaging date, and a use-by/expiration date.
- Terpenes: Labels must list the top three terpenes by percentage, with no sum total permitted.
MedicateOH asked DCC about rumors of changes to the labels with regards to minor cannabinoids. An Ohio MMJ doctor alerted us to this, saying, “For medical patients this information is vital”.
DCC spokesperson James Crawford responded, “Licensees are still required to label CBD, CBDA, THCV, and any other cannabinoids deemed necessary by the Division. The only change the Division has proposed on labeling of cannabinoids for flower is requiring a range to be reported for total THC content as opposed to an exact percentage amount. This change is being proposed mainly to address naturally occurring variations of potency within even a single plant as well as the fact that THC of plant material degrades over time, which cannot be predicated across all cannabis strains and is dependent upon when the end customer consumes the product. Based on these facts, we believe a potency range best provides the customer with a more truthful and accurate representation of the product.
They are also permitted to label additional cannabinoids if they are accurate. One item that is not currently required to be labeled are terpenes; however, in the updated rules we are going to require the top three terpenes to be reported on the label.”
If you’re an Ohio patient or consumer with concerns about the new rules or your recent purchases at dispensaries, reach out to us via email to tell us about it. We are continuing to follow the rule changes for Ohioans who use cannabis and here’s how you can keep up with our reporting:
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