Authorities in California are continuing to inspect licensed locations for compliance with recently implemented hemp THC rules.
In early September this year, California Governor Gavin Newsom announced proposed emergency regulation banning products with hemp-derived THC or other intoxicating cannabinoids; primarily to prevent children from accessing what he called “dangerous” hemp products.
After approval from the state’s Office of Administrative Law, the Department of Alcoholic Beverage Control (ABC) swung into action, visiting licensed locations to ensure they complied with the regulations.
Its biggest sweep reported so far commenced in mid-September, with 882 locations inspected across the state over a week. From that sweep, 42 locations were found to be out of compliance and agents seized 1,716 individual illegal products at those locations. To October 24 and in total, ABC agents had visited 1,555 licensed locations; with 60 (3.8%) found out of compliance and resulting in the seizure of 3,338 illegal products.
ABC Director Joseph McCullough was encouraged that the majority of licensees are doing the right thing. As for those who weren’t who were picked up in the sweeps:
“Our ABC agents have done an outstanding job of removing these dangerous products from store shelves,” he said. “Removing these illegal products, which are often marketed to underage customers, is a top priority for ABC and our partners across state government.”
There was some significant resistance to the new regulations. U.S. Hemp Roundtable and a collective of businesses and farmers challenged them, filing an action on September 25, 2024 seeking to stay implementation.
“It’s high time that the Governor abandon this punitive effort and sit down with all stakeholders to appropriately address his stated mission: to develop a robust regulatory regime that promotes health and safety and keeps hemp products out of the hands of minors,” said the group early last month.
But following a lengthy hearing, the application was denied; with the ban remaining in effect after the court affirmed that the potential harm to Californians supported the need for the regulations.
The new regulations for hemp-derived food, beverage, and dietary products ban any detectable amount of THC or other intoxicating cannabinoids and ban sales to those under 21. While they do not ban hemp-derived CBD products with no detectable THC or other intoxicating cannabinoid, some may contain trace amounts.
A copy of the emergency regulations can be found here.
