So in California there is a 1000mg THC limit on recreational tinctures. But what exactly qualifies something as a tincture? What is stopping me from making a 1000mg 8oz beverage and just calling it a tincture? I’m having a hard time finding where this might be clarified, if it even is.
Thanks,
-Butane
This is the literal definition of tincture: a medicine made by dissolving a drug in alcohol.
But I’m thinking that a tincture could be considered any medicine that is dissolved in any drinkable solvent. I would think that as long as you don’t go over the 1,000mg limit per drink, you’ll be legal and good to go. At least you’re not in AK where the most you can have in an edible/tincture is 50mg, and it must be labeled in doses of 5mg.
That is worse than WA. its 100mg here.
Wtf, so I need 10 store bought edibles to get ripped…
Lol
I mean having it dissolved in essentially anything would fall into that description, as most of the tinctures I’ve seen on the market aren’t even alcohol based lol, they are usually MCT oil. So what is stopping these companies from just calling their sodas tinctures and making them 1000mg? Sounds pretty grey to me.
TIL you can have rec market units above 100 mg. I had no idea that tinctures were allowed up to 1000mg.
The fda. They are really, really uptight about “adulterating” a food or beverage product meant for human consumption.
I’m speaking more-so about recreational cannabis tinctures which are not regulated by the FDA.
here is MA’s opinion on the subject: https://mass-cannabis-control.com/wp-content/uploads/2018/11/Tinctures-Guidance-FINAL_v2.pdf
Tinctures are generally cannabis-infused alcohol or oils administered orally in small amounts using a dropper or measuring spoon. The smaller volume of product typically administered and mode of consumption differentiates tinctures from marijuana products that are consumed by eating or drinking.
I was taught that if it’s not in EtOH it’s not a tincture…but I’m not from around here.
I joined a company making a coconut oil based “tincture” in 2013, at some point we switched to MCT. As rules became more complex, we looked at reformulating to an Ethanol based tincture based on the first set of rec rules (I think), because OLCC defined tinctures as EtOH based…but they also set a residual ethanol limit of 500ppm, which the director of our 3rd party lab (who was on the rule making committee) claimed made tinctures impossible.
OLCC repeatedly told me this wasn’t true, all I had to do was test the concentrate from which my tincture was made at less than 500ppm EtOH, and then dilute it…
but why?!?
so they could check that it was free of ethanol…before I added ethanol?!?
I wasn’t the only one calling them idiots, so we got new rules.
You know what they did?
removed the residual ethanol limit!!!
(I had to stop attending the public meetings at that point…)
OR currently defines a tincture as :
a solution of alcohol, cannabinoid concentrate or extract, and perhaps other ingredients intended for human consumption or ingestion, and that is exempt from the Liquor Control Act under ORS 471.035.
which should have you wondering how all those MCT and Coconut oil based tinctures fly…beats me.
Thanks for all the excellent info. I’m guessing that it’s just gonna take someone pushing the limits on these rules for clarification to come.
I would say… legally anyway… what is stopping them from selling an alcoholic beverage (aka tincture) with THC in it? Probably an alcoholic beverage production license. And as @Autumn_Ridge_Hemp said - the FDA and probably also the USDA. You provide a “tincture” and you are giving someone a supplement of some kind, which is still dicey if they really want to put it to you. You provide someone a “beverage” and now its a “food”… with booze in it now its covered by FDA, your local THC authority, ATF, and your local state license board, plus your local health division, and additional excise taxes. x.X
On the other side of this is that some states are busy with other issues than seeing which “tinctures” meet the letters of the law. Just wait for a customer complaint or two, or a competitor complaint whichever comes first.
@Butane even though cannabis products are not regulated by the FDA (it actually regulates all the things and is defaulting the DEA on these issues just now, but I get what you are saying…) that is still has the power to step in and tell a company to stop doing things. For instance, a raw material supplier who works in both the THC and food worlds. So if someone was really breaking the rules - their fingers are long enough to make someone stop.
On the flip side I 100% agree
I do not want to be that someone. Enforcement actions are not great. Instead I’d probably just call them up and ask about making some differences. And maybe even mention what appears to be a loop hole - while also providing a solution that works for consumers and me. 
Have you physically created an 8 ounce tincture with 1000mg of water-soluble cannabinoids? and still had it taste good enough to call it a beverage?
The most obvious answer to all this.
And an 8oz drink is supposed to come with a small cup for 10 @ 10mg servings.
Well there is no legal requirement for it to taste good to call it a beverage so it is sort of besides the point.
Have you actually made a 1000mg water soluble 8OZ beverage?
Personally, I’ve never been able to get more than say ~300mg into 8oz. And then it was cloudy. I’m sure my tek isn’t the best and maybe others can do better - but that stuff tasted terribly and would “settle” so it need to be shaken. And it made it more like an elixir than a “beverage” - but then I also come from a suspended solids background in pharma, you know? Who wants to drink some of these meds they make for kids? Not me…ha!
No one ever asks me to make products that are more than 50mg at this point and those work most of the time depending on what they want me to put it in.
Anyone else trying to get 1000mg into 8oz liquid - where they aren’t seeing it be cloudy or needing to be shook before use? Sure would love to know more about the science you are using. <3
That’s exactly why I asked. 1000mg in 8OZ is likely going to taste like drinking paint and cause an equal amount of gastrointestinal distress. Assuming it’s using any of the conventional methods for oil-in-water emulsions. I think that would be the underlying issue for why this is a bad idea.
https://www.instagram.com/p/CJmHfUensUw/?igshid=1canvs27led4n
I reached out to these guys waiting on a reply
Space Gem CA
In KY I got all my labeling approved by the local health department (silly I know but they liked that)
They advised us not to use tincture specifically on our labels b.c. it didn’t contain alcohol. We settled on serum which in my mind was a little off b.c. it didn’t contain blood but hey all they care about up there is that you have a mop basin and hand sink 