Hemp advocates filed a lawsuit late Tuesday in Los Angeles County Superior Court challenging Gov. Gavin Newsom's Sept. 6 emergency order against illegal hemp products.
The U.S. Hemp Roundtable, an industry group, has filed a lawsuit to block the ban on hemp-derived products that contain intoxicating cannabinoids, such as THC, the psychoactive compound that produces a “high” in users.
There are six other plaintiffs in the legal complaint against the state, including Cheech & Chong Global Holdings, the cannabis company of the 1970s comedy duo Cheech & Chong. This Nevada-based company specializes in hemp-derived THC beverages.
The emergency regulations aim to suspend the sale of THC-infused hemp over-the-counter and other retail outlets until legislation provides a long-term solution. The rule, which went into effect on September 23, also imposes age restrictions for people under 21 to purchase hemp edibles.
California Representative Cecilia Aguiar-Curry (D-Winters) announced the following after Assembly Bill 2223, which was drafted to regulate this sector, was defeated in the Appropriations Committee during the last session on August 31st. promised to reintroduce the bill in Congress.
Cannabis and hemp advocates in North Bay responded to the filing of the lawsuit.
“This could be very good because it was done improperly,” said Patrick Shatzer, senior regulatory manager for SunMed CBD, which has retail locations in Petaluma, Lafayette and Concord.
Shatzer indicated he would like to work on another bill with Curry, who he said “cares” about the industry.
“This emergency order is ridiculous and is ruining our industry,” he said.
Brandon Levin, CEO of Mercy Wellness, a Sonoma County dispensary, expressed support for cannabis reform.
“Other states have implemented bans as well. I think there should be an opportunity to put regulations in place because it's a bit out of control,” he said.
The state's Department of Public Health and the Office of Cannabis Control, along with grower organizations, expressed support for cannabis reform.
“Addictive industrial hemp products can cause illness and injury to California consumers,” Public Health Commissioner Thomas Aragon said in a statement. Aragon was supported by the Institute of Public Health.
“We are extremely disappointed in the cannabis industry's lawsuit seeking to block California's emergency regulations,” said Dr. Lynn Silver, senior counsel at the institute. “This lawsuit is yet another blatant attempt by the hemp industry to put profit over public health.”
But cannabis advocates say removing their products from shelves, regardless of their THC content, would seriously damage the $250 million industry and limit access to “therapeutic CBD products.” I am saddened that I will have to do this. They also note that the cannabis industry is failing and question why they would want to be lumped together.
The lawsuit challenges a moratorium that hemp advocates say violates the 2018 U.S. Farm Bill, which allows hemp sales. One issue lies in the criteria that constitutes an acceptable level of THC.
The lawsuit also challenges the state over the intent of Assembly Bill 45, which Newsom signed into law in October 2021. The bill is designed as a legal vehicle for the sale of hemp derivatives in food, beverages and various products throughout the state. .
“Governor, Mr. Newsom’s misguided efforts to destroy the thriving cannabis industry — an industry he helped establish when AB45 was signed three years ago — clearly violates state and federal law,” Roundtable said. Jonathan Miller, the conference's general counsel, said in a statement. “We are confident that the court will agree that the governor has not reached the stage of proving the existence of an 'emergency.'”
Since AB 45 became law, the number of hemp products has increased and cannabis businesses that compete with hemp have voiced opposition. The cannabis industry is regulated, taxed and served by registered dispensaries, and cannabis advocates say they want a level playing field.
Amy O'Gorman Jenkins, spokesperson and lobbyist for the California Cannabis Industry Association (CCIA), said: “As one of the stakeholders who discussed AB 45 and one of our coalition partners, we are committed to promoting “We're not talking about one (hemp) product.” CCIA would not have co-sponsored such a bill. ”
“Plaintiffs do not oppose fair and reasonable regulation (and) raising the age limit for intoxicating hemp-derived THC products,” the complaint states.
In response, Mr O'Gorman-Jenkins agreed that the CCIA would be open to reconsidering Mr Currie's anticipated legislative iteration.
“We are open to discussing new paths,” she said.
The governor's office declined to comment on pending litigation.
Good Farmers Great Neighbors policy director Sam Rodriguez agrees with the state's action, arguing that hemp products containing THC are too easy to obtain.
“In a beverage store in Corte Madera, we found hemp-infused THC products for sale: drinks and gummies,” he said, providing a photo. He added that the store is five blocks from the school.
“These rules are an important step to ensure that products on the market are in line with the original intent of the law,” California Cannabis Enforcement Agency Director Nicole Elliott said in a statement. . “We are committed to working with our state partners to enforce state law.”
