Judge Rejects Petition Asking for TRO on Ban of Sale of Hemp Products
The legal battle over changes to hemp regulations continues in California. The newest action is an order issued by Judge Stephen Goorvitch rejecting a petition for a temporary restraining order (TRO) to stop the implementation of new Department of Public Health regulations that effectively ban the sale of products containing THC.
In review, the legal events began in September 2024 with California Governor Gavin Newsom issuing emergency regulations prohibiting the sale of consumable hemp products that have any detectable amounts of THC or other intoxicating cannabinoids. Also, a product may not have more than five servings per package. This order effectively bans the sale of any product containing THC despite federal law allowing up to .3% THC in hemp products.
The California Department of Public Health has issued the necessary regulations to implement the Governor’s emergency order. These regulations took effect September 23, 2024. In response, the U.S. Hemp Roundtable, Inc., a leading advocate for the hemp industry, and several companies selling hemp products filed a lawsuit to block the implementation of the new regulations. The trial is set to begin on November 22, 2024. In the meantime, the U.S. Hemp Roundtable and hemp companies filed a request for a temporary restraining order (TRO) on the ban on the sale of products containing THC until the lawsuit is settled in court.
Judge Goorvitch rejected the request for a temporary restraining order, writing,
“The state’s interest in protecting the health and safety of its residents – especially children – and closing a loophole that permitted the distribution of high doses of THC outside the regulated cannabis system outweighs the potential economic harm referenced in Petitioner’s declarations.”
The Judge also wrote, “Petitioners do not demonstrate that these regulations will cause widespread and catastrophic destruction of the hemp industry.”
Though the six hemp companies filing the lawsuit sell products in other states, the implementation of the regulations banning the sale of any hemp products containing detectable THC will certainly harm hemp farmers, producers and retailers in California. The rules could have a ripple effect, too, potentially affecting the entire hemp supply chain in other states, from farmers to manufacturers to retailers. The fact the new regulations are intended to prevent children and teens from accessing intoxicating products is appreciated, but these regulations go far beyond the intent. It will be interesting to see how the lawsuit proceeds in court.
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