CA’s Ban On ‘Intoxicating’ Hemp THC Products Just Took Effect

CALIFORNIA — Gov. Gavin Newsom’s emergency ban on hemp products that contain THC took effect today after it was approved by the Office of Administrative Law.

Retailers must immediately cease selling any hemp food, beverage or dietary product that contains detectable THC or other “intoxicating” cannabinoids, the California Department of Public Health said Tuesday.

While the sale of these products is now illegal, sanctioned cannabis dispensaries may still offer goods that combine CBD and THC to those 21 and older, the state said.

But the swift decision has panicked the state’s cannabis industry.

The emergency rules filed by Newsom have been controversial among those who say the governor went too far. Opponents say the ban will not only wipe out a flourishing product category for the cannabis industry; it will deny patients who rely on hemp to treat certain medical conditions, according to the U.S. Hemp Roundtable.

Others say the ban will force many new companies — ones that produce goods like canned THC-infused mocktails and gummies — to shut down entirely.

But Newsom argues that the accessibility of hemp products with detectable amounts of THC have allowed youth to access products that are intoxicating.

“We strongly agree with Governor Newsom that hemp products must be robustly regulated and kept out of the hands of children. But this action goes much farther – banning nearly all hemp products for purchase by adults, including most non-intoxicating products — even products that are manufactured in California but not intended for sale to California consumers,” according to a statement from U.S. Hemp Roundtable.

The new regulations are not an all out ban on Hemp. Hemp derived from CBD products with no detectable THC or other intoxicating cannabinoids will still be allowed. But these hemp products can now only be sold to people over 21 and servings must now be limited to five per package.

“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,” CDPH wrote in a statement on Tuesday.