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What you need to know: A court has rejected a legal maneuver to stop enforcement of California’s emergency regulations banning THC-containing hemp products that harm the public, especially children. The ban remains in effect after the court affirmed that the potential harm to Californians supported the need for the regulations.
October 12, 2024 - SACRAMENTO – Governor Gavin Newsom on Friday announced that California’s emergency regulations to protect children and teens from the adverse effects of dangerous intoxicating hemp products will remain in effect after a court blocked an industry attempt to stop enforcement of the regulations.
“We will not sit on our hands while bad actors in the hemp industry target our children with dangerous and intoxicating hemp products containing THC at our retail stores. Industry concerns about the regulations are more about protecting their profit than the public. We are pleased the court saw through their bogus arguments and put the safety of Californians first in its decision.”
Governor Gavin Newsom
Today’s decision affirmed that the potential harm to Californians, especially children, outweighs the potential that individual hemp businesses will not be able to adapt to the new regulations. The court also dismissed industry arguments that the regulations would make CBD products for medicinal use unavailable, noting that these items would remain available without THC at retail stores, and with THC at licensed cannabis dispensaries.
The decision upholds California’s restrictions, which prohibit selling any industrial hemp food, beverage, or dietary product intended for human consumption if there is any detectable THC or other intoxicating cannabinoids per serving.
“Our children deserve protection,” said Attorney General Rob Bonta. “We are witnessing an alarming rise in products that contain synthesized cannabinoids, which can be far more intoxicating than the legal and regulated cannabis options available. Disturbingly, these products often resemble candy, crafted specifically to attract the attention of young people and children. In California, we have established strict prohibitions against intoxicating cannabinoids in hemp products, regardless of whether they are naturally sourced or synthetic. The California Department of Justice remains steadfast in its commitment to safeguarding the interests of legitimate businesses that operate with integrity in this industry. I take immense pride in our Cannabis Control Section and the tireless dedication they have shown in ensuring the success of this initiative.”
The emergency regulations respond to increasing health incidents related to intoxicating hemp products, which state regulators have found sold across the state. Children are particularly at risk should they consume these products. Studies show that use of these products can negatively impact cognitive functions, memory, and decision-making abilities in developing brains.
What the regulations do
The new regulations for hemp-derived food, beverage, and dietary products:
- Ban any detectable amount of THC or other intoxicating cannabinoids per serving.
- Ban sales to people under 21.
- Limit servings to five per package.
What the regulations do not do
- The regulations do not ban hemp-derived CBD products with no detectable THC or other intoxicating cannabinoids.
- The regulations do not impact the sale of any cannabis products. Cannabis products, including products purchased for medical use and products with CBD and THC, will remain for sale at cannabis dispensaries.
Why this matters
California became the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act in 1996, and then in 2016, voters legalized the recreational use of cannabis. California’s cannabis regulatory framework requires that businesses operate safely, that products are labeled and tested to protect consumers from contaminants, and that children are prevented from accessing cannabis products. Absent stronger laws and regulations like those the state just adopted, hemp manufacturers have been exploiting the law to produce and market hemp products that contain THC without the safeguards in place for similar cannabis products. Intoxicating hemp products have been made available at major and small retailers and marketed for their intoxicating THC properties. These new regulations ban these sales.
State regulators, including the Department of Public Health, the Department of Cannabis Control, the California Department of Alcoholic Beverage Control, the CA Department of Tax and Fee Administration, and state and local law enforcement officials, enforce these requirements.
Copy of the decision
Source: Office of the Governor
