Today, California’s Office of Administrative Law has given approval to Governor Gavin Newsom’s proposed emergency regulations “to protect youth from the adverse health effects of dangerous hemp products”.
The regulations, proposed by the California Department of Public Health (CDPH) earlier this month on behalf of Governor Newsom, “require that industrial hemp food, beverage, and dietary products intended for human consumption have no detectable THC or other intoxicating cannabinoids per serving, create a minimum age to purchase hemp products to 21, and limit the number of servings of hemp products to five per package.” The rules will be in place until March 25, 2025, unless extended prior to then.
Governor Newsom said in a press release “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. We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.”
The Office of Administrative Law agreed with Newsom’s take that this is an “emergency” issue, stating that this is “deemed to be an emergency situation.”
California became the first state to legalize medicinal cannabis when voters approved the Compassionate Use Act in 1996. In 2016, the state expanded its cannabis laws by legalizing recreational use. To ensure safe operations within the cannabis industry, California enforces strict regulations that require businesses to adhere to safety standards, label their products accurately, and prevent minors from accessing cannabis items.
According to the governor’s office, “However, without stronger laws and regulations, hemp manufacturers can skirt the law to produce and market hemp products that contain THC. The new regulations ban any detectable quantity of THC from consumable hemp products such as beverages, food, and dietary products to protect youth and mitigate the risk of adverse health effects.”
The emergency regulations “will also bring the sale of hemp products more in line with restrictions currently seen in the California legal cannabis market by limiting serving and package size and establishing a minimum age of 21 to legally purchase industrial hemp food, beverage, and dietary products.”
These regulations will take effect immediately upon approval by the Office of Administrative Law. Sellers must start implementing purchase restrictions and remove consumable hemp products with detectable THC from their shelves. State regulators, including the Department of Public Health, the Department of Cannabis Control, the California Department of Alcoholic Beverage Control (ABC), the California Department of Tax and Fee Administration (CDTFA), and state and local law enforcement officials, will begin immediate enforcement actions.
