California Cracks Down on Unregulated Hemp Products with New Emergency Regulations

In a move that's set to shake up the hemp industry, California Governor Gavin Newsom has announced emergency regulations aimed at banning THC-containing hemp products and strengthening protections against unregulated THC.

The new rules, proposed by the California Department of Public Health (CDPH), are designed to close loopholes that have allowed potentially dangerous hemp products to be sold to children.

Key Points of the New Regulations:

1. Zero THC Tolerance: Industrial hemp food, beverage, and dietary products intended for human consumption must have no detectable THC or other intoxicating cannabinoids per serving.
2. Age Restrictions: The minimum age to purchase hemp products will be set at 21 years old.
3. Serving Limitations: Hemp product packages will be limited to a maximum of five servings.
4. Immediate Effect: The regulations will take effect as soon as they're approved by the Office of Administrative Law.
5. Enforcement: State regulators and law enforcement will begin immediate enforcement actions once the regulations are in effect.

Industry Impact

These regulations represent a significant shift in California's approach to hemp products. While the state has been at the forefront of cannabis legalization—first for medical use in 1996 and then for recreational use in 2016—this move aims to create a clearer distinction between regulated cannabis products and hemp-derived items.

The hemp industry, which has operated in a grey area, will need to quickly adapt to these new rules. Manufacturers and retailers will be required to remove any consumable hemp products containing detectable levels of THC from their shelves.

Rationale Behind the Regulations

Governor Newsom emphasized the need to protect children from unregulated THC products, stating,

"We will not sit on our hands as drug peddlers target our children with dangerous and unregulated hemp products containing THC at our retail stores."

The CDPH cited increasing health incidents related to intoxicating hemp products as a key driver for these emergency regulations. Dr. Tomás Aragón, CDPH Director and State Public Health Officer, highlighted the risks, saying,

"Intoxicating industrial hemp products can cause illness and injury to California consumers."

Enforcement and Compliance

Multiple state agencies will be involved in enforcing these new regulations:

• The Department of Cannabis Control
• The California Department of Alcoholic Beverage Control (ABC)
• The California Department of Tax and Fee Administration (CDTFA)
• State and local law enforcement officials

Joseph McCullough, Director of ABC, stated that they will be contacting licensees and stakeholder groups to ensure compliance once the regulations take effect.

Looking Ahead

These emergency regulations mark a significant shift in California's approach to hemp-derived products. As the state with the largest cannabis market in the U.S., California's actions could potentially influence policy in other states grappling with similar issues.

For cannabis industry stakeholders, these regulations underscore the importance of operating within the state's regulated framework. It also highlights the ongoing challenges in distinguishing between hemp and cannabis products in the marketplace.

As these emergency regulations roll out, the cannabis industry will be watching closely to see how enforcement unfolds and what further changes might be on the horizon for both hemp and cannabis regulations in California.