California Gov. Gavin Newsom on Friday issued emergency regulations for intoxicating products derived from hemp. The regulations, proposed by the California Department of Public Health (CDPH), would result in “complete retail prohibition on 90%-95% of popular hemp products for adults,” Jonathan Miller, general counsel of trade group Hemp Roundtable, said in a statement.
According to the CDPH, the regulations come in response to increasing “health incidents related to intoxicating hemp products” and include:
- Establishing a minimum age of 21 to purchase hemp products.
- Allowing no detectable levels of THC or other intoxicating cannabinoids per serving of hemp-derived food, beverage or dietary products intended for human consumption.
- Limiting the number of servings of hemp products to five per package.
Speaking at a news conference announcing the emergency action, California Health and Human Services Secretary Dr. Mark Ghaly said the CDPH encouraged the state to insist on undetectable levels of more than 30 cannabinoids.
“We need to look more deeply … at everything that today we know can be toxic to Californians – in particular, young people,” Ghaly said.
According to the state, the emergency regulations “will take effect immediately upon approval by the Office of Administrative Law.”
Hemp operators frustrated
Jonathan Black, CEO of Cheech and Chong’s Global Holding Co., said an outright ban on intoxicating hemp is unnecessary and unsupported by facts.
The Los Angeles-based celebrity brand has blanketed social media with its hemp-derived product offerings.
“Our products are explicitly designed for adult use and are not targeted at children,” Black told MJBizDaily via email.
“These products are not only tested but also come with accessible third-party lab results, ensuring transparency and trust.
“They are age-gated and marketed similarly to alcohol and tobacco, ensuring they are sold responsibly to adults.”
Adam Terry, CEO and co-founder of Massachusetts-based infused beverage company Cantrip, which sells its hemp-derived products in California stores such as Total Wine & More, expressed surprise that Newsom would effectively ban intoxicating hemp products after his amendments to Assembly Bill 2223 proved a death sentence for the legislation.
“That bill would have had similar effects in effectively tamping down the marketplace,” Terry told MJBizDaily on Friday, adding that the bill that floated through the Legislature earlier this year would have allowed more protections for CBD products.
That is one concern of Case Mandel, CEO of Cannadips in Humboldt County, who said consumers who rely on hemp-derived products to treat medical symptoms will lose access to the products they use daily.
“People who rely on tinctures or other products with full-spectrum CBD will have nowhere to turn,” Mandel told MJBizDaily via email.
“We are incredibly disappointed with Gov. Newsom’s proposed emergency regulations,” he said.
“They are overreaching and are a tactic to kill the hemp industry versus prevent youth use.”
This story was published in MIBizDaily