California Judge Upholds Statewide Ban on Hemp Products Containing THC

A California judge has temporarily upheld a comprehensive statewide ban on most consumer hemp products containing THC.

On Friday, Superior Court Judge Stephen Goorvitch denied a request from the hemp industry for a temporary restraining order (TRO) against the restrictions, which were put in place by Governor Newsom last month. These regulations prohibit the sale of any industrial hemp food, beverage, or dietary product for consumption if it contains THC or other “intoxicating cannabinoids”, pending resolution of a lawsuit challenging the ban.

The request for a TRO was filed in late September in Los Angeles Superior Court by the U.S. Hemp Roundtable, a trade group, along with six hemp companies. This action followed California’s implementation of a ban on intoxicating hemp products. The lawsuit aimed at overturning the ban is set for trial proceedings beginning on November 22, according to court records.

In his decision, Judge Goorvitch stated that the emergency regulations were constitutional. He found that the petitioners’ claims of lost revenue did not demonstrate “sufficient irreparable harm.” Goorvitch emphasized that the state’s interest in safeguarding the health and safety of its residents—particularly children—and closing a loophole that allowed high doses of THC outside the regulated cannabis market outweighed the potential economic losses cited by the petitioners.

Governor Newsom and Attorney General Rob Bonta praised the ruling. “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,” Newsom said in response to the decision. He added that industry concerns about the regulations seemed more focused on protecting profits than public safety. “We are pleased the court saw through their bogus arguments and put the safety of Californians first in its decision,” Newsom concluded.

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