California Governor Gavin Newsom announced proposed emergency regulations last week that would ban products with hemp-derived THC.
A loophole introduced in the 2018 Farm Bill has given rise to hemp products containing THC, usually derived by manipulating hemp CBD. States have since been trying to get a handle on the situation, with some introducing regulation and others banning hemp-derived THC products.
Governor Newsom has opted for the latter.
While California was the first state to permit medicinal cannabis use back in 1996 and the recreational use of marijuana in the state has been legal since 2016, the explosion in availability of unregulated intoxicating hemp products has been of concern – particularly given children have been accessing them.
Under the proposed regulations, industrial hemp food, beverage, and dietary products must have no detectable THC or other intoxicating cannabinoids. They would also create a minimum age to purchase hemp products (21), and limit the number of servings of hemp products to five per package. These additional restrictions would bring the sale of hemp products more into line with current restrictions associated with the state’s legal cannabis market.
“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,” said Governor Newsom. “We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.”
The proposed regulations will take effect immediately after approval by the Office of Administrative Law. Once in place, sellers must immediately begin to implement purchase restrictions and remove affected hemp products. State regulators and state and local law enforcement officials will begin immediate enforcement action.
Director of California’s Department of Cannabis Control, Nicole Elliot, said her department welcomed the reforms.
“These rules are a critical step in ensuring the products in the marketplace align with the law’s original intent, and we are committed to working with our state partners to enforce state law.”
Among other supporters of the new regulations are the administrators of Humboldt County.
“I appreciate the Governor taking action today to stop the madness,” said Humboldt County Second District Supervisor Michelle Bushnell. “We cannot allow hemp to simply skirt the rules for financial gain.”
Earlier this year, Governor Gavin Newsom directed notices be issued to licensees concerning the sale and distribution of intoxicating hemp products.
