California Governor Proposes New Regulations for Sale of Hemp Products
Governor Gavin Newsom has sent proposed California Department of Public Health (CDPH) regulations to the Office of Administrative Law for approval. The proposal is primarily directed toward hemp product retailers and aims to prevent anyone under the age of 21 from purchasing hemp products with THC.
There are three principal regulations proposed.
- Establishes a minimum age of 21 years old to purchase hemp products
- Limits the available servings in any hemp product to five per package
- Requires hemp food, beverages and dietary products for humans to have no detectable THC
These proposed regulations are designed to prevent children from accessing hemp products that contain THC. They are deemed necessary due to the increasing health incidents involving intoxicating hemp products. While California already has robust cannabis laws, it is finding that some hemp manufacturers are circumventing these laws and producing products with THC levels that exceed federal limits. The new regulations aim to curb this trend and ensure the safety of consumers.
The CDPH, the Department of Cannabis and various enforcement agencies support the regulations. Nicole Elliott, Director of the Department of Cannabis Control said,
“The Department of Cannabis Control welcomes these regulatory 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.”
Once approved, the new regulations will take effect immediately. They have serious implications for the hemp industry. Sellers will have to immediately remove consumable hemp products that contain detectable THC. This means all full spectrum and potentially some broad spectrum CBD products will have to be taken off shelves. Broad spectrum CBD products may have trace amounts of THC that could be detected by a sensitive drug test.
As would be expected, the national industry group U.S. Hemp Roundtable and other cannabis advocacy groups object to the state banning the products containing THC. The group believes these regulations will lead to 90-95% of hemp products being prohibited. The new regulations will negatively impact hemp farmers, producers, manufacturers and retailers. Many of these are small businesses. In addition, there are millions of people who depend on hemp products with THC because they offer relief for various wellness issues. These consumers will now have limited access to the products they rely on for their well-being.
Court challenges will likely arise because the regulations conflict with California and federal laws. They effectively ban hemp products that are legal under federal law. However, there is potential for a compromise that could allow the continued sale of products with THC, with an increased age limit for purchase. It is important to remember that these regulations are a response to bad actors in the industry who exploit loopholes and push the boundaries of existing laws and regulations.
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