An emergency regulation prohibiting intoxicating hemp products in California went into effect on Monday, less than three weeks after the temporary ban was proposed by Gov. Gavin Newsom. The new rule bans consumable hemp products with any detectable amount of THC, the compound primarily responsible for the psychoactive effects of marijuana, or other intoxicating substances including delta-8 THC.
California's ban on hemp products with any amount of THC applies to many CBD products used by ...
[+] Californians every day. Newsom first proposed the ban on intoxicating hemp products on September 6 after it was drafted by the California Department of Public Health (CDPH). The emergency regulations were approved by the Office of Administrative Law on Monday afternoon and went into effect immediately, online news source SFGate reported .
“We will not sit on our hands as drug peddlers target our children with dangerous and unregulated hemp products containing THC at our retail stores,” Newsom said when he unveiled the emergency regulations. “We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.” The emergency rule was issued after legislation to regulate intoxicating hemp products, AB 2223 , failed to gain the approval of California lawmakers earlier this year.
That bill expanded on legislation passed in 2021, AB 45, that required hemp companies to register with the government and mandated that products be lab tested to ensure they have no more than 0.3% THC. Temporary Ban Expires Next Year Newsom said that the ban, which expires in March 2025, is an “interim” measure that would address bad actors while lawmakers develop new regulatory legislation, according to a report from The Hill.
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Under the newly approved regulations, retailers will be required to remove hemp products with detectable levels of THC from store shelves and implement purchase restrictions to prevent sales to consumers under the age of 21. State regulators, including the CDPH, the Department of Cannabis Control, the California Department of Alcoholic Beverage Control (ABC), the California Department of Tax and Fee Administration, as well as state and local law enforcement officials, will begin immediate enforcement action to ensure compliance with the new regulations. “The Department of Alcoholic Beverage Control will enforce all California laws and regulations impacting ABC licensed locations,” said Joseph McCullough, director of the agency.
“ABC will be contacting licensees and stakeholder groups to make them aware of the new regulations so they can ensure they are in compliance once the regulations go into effect.” The new emergency regulations prohibiting intoxicating hemp products apply to all products with any amount of THC, contrary to 2018 federal legislation legalizing hemp that permits products with no more than 0.3% THC.
The ban includes nonintoxicating CBD products used by Californians every day. Critics of the ban on intoxicating hemp products say the move is a danger to patients who rely on hemp CBD and will likely kill California’s hemp industry. Jonathan Miller, general counsel for the industry group the U.
S. Hemp Roundtable, said that Newsom has enacted a total ban rather than “addressing legitimate regulatory concerns shared by all good actors” and implementing the law passed in 2021. “There are pathways that accomplish what he is most angry about without destroying the industry,” Miller told The Hill.
“They need to start enforcing AB 45 and ensuring that all products out in the marketplace are produced with good manufacturing practices and tested.” The regulations were supported, however, by California’s heavily regulated cannabis industry. Louis Samuel, CEO of licensed marijuana delivery company Golden State Cannabis, said that “Newsom’s emergency regulations on hemp THC address a clear regulatory gap that allowed unregulated hemp-derived THC products to bypass excise taxes and safety checks.
” “While the regulated cannabis market has strict oversight, hemp products with the same intoxicating effects were sold freely, undermining both public safety and fair competition,” Samuel said when the regulations were announced. “It’s crucial for hemp-derived THC to be regulated like cannabis-derived THC, as they are chemically identical and have the same effects. Closing this loophole is a necessary step to protect consumers and stabilize the legal cannabis industry.
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