Products containing hemp-derived intoxicating cannabinoids are now illegal in California, after the California Office of Administrative Law (OAL) approved Governor Gavin Newsom's emergency regulations on September 23.
According to the California Department of Public Health (CDPH), regulations require that industrial hemp foods, beverages and dietary supplements intended for human consumption contain no detectable THC or “similar cannabinoids” per serving, require a minimum purchase age of 21, and contain no more than five servings per package.
Anyone over the age of 21 can still purchase addictive cannabis products at California Department of Cannabis Control (DCC) licensed dispensaries. Products containing CBD are still permitted outside of licensed cannabis markets, but non-addictive CBD products that contain even trace amounts of THC are prohibited.
According to a press release from the Governor, the proposed regulations, for which Governor Newsom issued emergency rules on September 6, were proposed by the California Department of Public Health to prevent the sale of addictive marijuana products to California children.
“We will not stand by while drug traffickers sell dangerous, unregulated marijuana products containing THC to our children in retail stores,” Governor Newsom said in a statement. “We are taking steps to close loopholes and increase enforcement to stop children from accessing these dangerous marijuana and cannabis products.”
The effective date of the emergency regulations is September 23rd, following OAL's approval. As SFGATE reports, the ban on products containing hemp-derived intoxicating cannabinoids will remain in effect until March 25th, 2025.
According to CDPH, the emergency regulations are in response to public health concerns about an increase in incidents associated with these products, including complaints of injuries and illnesses.
Retailers such as vape shops, liquor stores, gas stations, and convenience stores must immediately remove addictive cannabinoid products from their shelves and begin implementing purchasing restrictions on other cannabis-related products.
Newsom said state regulators, including the Department of Public Health, DCC, the California Department of Alcoholic Beverage Control and the California Department of Tax and Fee Administration, as well as state and local law enforcement, will begin enforcement action immediately.
“The Bureau of Cannabis Control welcomes these regulatory reforms,” DCC Director Nicole Elliott said in the governor's press release. “These rules are an important step to ensure that the products entering the marketplace are consistent with the original intent of the law, and we are committed to working with our state partners to enforce the law.”
While CDPH and Governor Newsom say the regulatory ban is intended to protect young people from the adverse health effects associated with “dangerous cannabis products,” patients under the age of 21 who rely on THC products for medical purposes may be eligible for medical marijuana identification cards administered by CDPH.
Despite the regulation's public health objectives, hemp stakeholders believe the governor's ban is an industry-destroying measure that would ban 90% to 95% of hemp products from the California market, according to the U.S. Hemp Roundtable (USHR).
“Governor Newsom's 'emergency' action today is a betrayal of California's cannabis farmers, small businesses, and adult consumers,” U.S. Human Rights Law Counsel Jonathan Miller said in a public statement on Sept. 6. “After supporting (Assembly Bill) AB 45, which created a sound regulatory framework for the manufacture and sale of cannabis products, the Newsom Administration has shirked its duties and taken no steps to enforce it.”
“Now, instead of addressing the legitimate regulatory concerns shared by all good players in the cannabis industry, such as establishing reasonable policies to keep addictive products out of the reach of children, Governor Newsom has proposed a complete retail ban on 90-95% of popular hemp products for adults, including most of the non-addictive CBD products he claims to publicly support.”
The USHR legal team submitted a 40-page brief to the OAL on Sept. 16. Miller said the organization will explore all legal options with the state's hemp farmers and companies that make up the state's hemp industry.
USHR also argues that the governor's restrictions are not an emergency and “have no sound policy basis.”
Newsom's emergency regulations come into effect about a month after the California Senate Appropriations Committee killed Assembly Bill 2223, rejecting the governor's proposal to incorporate hemp into the marijuana supply chain.
The bill, sponsored by Assembly Majority Leader Cecilia Aguiar Curry, was initially aimed at restricting the sale of addictive cannabis-derived products, including those containing synthetic cannabinoids, in smoke-supply stores, gas stations and liquor stores.
Before Governor Newsom's emergency regulations took effect on September 23, California had no laws limiting the amount of milligrams of THC in cannabis-derived products, according to Ross Gordon, policy director for the Humboldt County Growers Alliance.
Related: California Governor's proposal to integrate hemp into marijuana supply chain halted
Governor Newsom's ban on hemp-derived cannabinoid products in California is not unusual, despite the federal legalization of hemp, defined as having 0.3% THC or less on a dry weight basis, in the 2018 Farm Bill. Not only is Missouri Governor Mike Parson now taking a similar approach through an executive order, but state attorneys general across the country are taking steps to curb the spread of addictive hemp products.
While USHR agrees with Governor Newsom that cannabis products should be regulated in California and kept out of the reach of children, the group believes the Governor's actions go further.
In an open letter to Governor Newsom on September 12, Miller wrote that the governor was “misinformed” about his authority to issue emergency regulations.
“And it is a misconception to suggest that a retail ban on cannabis products with detectable THC is the right policy,” Miller wrote. “Nearly all cannabis products contain detectable THC, including the vast majority that are not addictive. Prohibition never works, and is especially ineffective at protecting children.”
“You know firsthand that intoxicating products can be restricted to adults through the implementation of ID checks at retail stores and new online software that provides meaningful age restrictions. Most of the products mentioned at the press conference are available at Total Wine, a store where children aren't even allowed in. A few rows down from the hemp section, there are numerous bottles of PlumpJack Wine.”
Newsom co-founded Plump Jack Winery in Oakville, California in the mid-1990s.
“The alcohol control model is not perfect, but it is effective in protecting minors from addictive substances,” Miller wrote.
