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A California judge has denied a request from hemp businesses seeking to temporarily suspend the ban on intoxicating hemp product sales while they challenge the state’s ban in court.
The U.S. Hemp Roundtable, several hemp companies, and a cannabis company co-owned by the comic duo Cheech Marin and Tommy Chong filed a lawsuit against a California public health agency to prevent the agency from enforcing the regulations, arguing that the new regulations could cost hemp businesses millions and potentially force some small companies to close.
However, last week, Los Angeles County Superior Court Judge Stephen Goorvitch denied a request from businesses for a temporary restraining order to allow intoxicating hemp sales during their lawsuit over the state’s ban. He called the order a “drastic remedy,” noting it would prematurely block the emergency regulations before both sides had a chance to fully present their cases at trial.
The ruling, therefore, keeps in place emergency regulations taken into effect in September intended to protect young people from potentially dangerous hemp products.
The new rule prohibits the sale of hemp-based food, beverages, and dietary products containing detectable levels of THC. What’s more, the new rules require consumers to be at least 21 years old and bar hemp products from having over a maximum of five servings in one package.
In the order, Judge Goorvitch also rejected the hemp industry’s claims that the regulations would limit access to medicinal CBD products. He clarified that CBD products without THC will remain available in retail stores, while those containing THC can still be sold at licensed cannabis dispensaries. Furthermore, he stated that the hemp coalition and businesses failed to show the hemp industry would suffer irreparable harm if the sales ban wasn’t lifted.
The ruling further clarified that businesses can still sell hemp products with undetectable levels of THC and “non-final food products,” like hemp flour and lotions, that contain detectable THC.
Jonathan Miller, general counsel for the U.S. Hemp Roundtable, expressed disappointment with the court’s decision but emphasized that this is just the first step in a potentially lengthy process. He said in a press statement they are exploring all options and hope California Gov. Gavin Newsom will collaborate with the industry to effectively regulate hemp products and protect children without harming farmers, businesses, and consumers as the emergency regulations do.
Gov. Newsom said in a press statement that the 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 state of California highlighted that the regulations do not affect hemp-derived CBD products with no detectable THC or intoxicating cannabinoids, nor do they impact the sale of cannabis products, including those containing CBD and THC, which will continue to be available at cannabis dispensaries.
California was the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act in 1996, followed by the legalization of recreational cannabis in 2016.
However, the passage of the 2018 Farm Bill allowed for the cultivation of industrial hemp and the extraction of its compounds with a THC limit of less than 0.3%. This led hemp manufacturers to produce and sell THC-containing products, including delta-8 THC, which has effects similar to adult-use cannabis, but were not regulated and therefore exist in a gray area of federal and state legislation. Consequently, the new California regulations now prohibit such sales.
To tackle the growing health concerns associated with intoxicating hemp products, particularly those affecting children, Gov. Newsom enacted emergency regulations.
However, California hemp stakeholders are pushing back against the ban, worried it could lead to substantial revenue losses for the industry, potentially costing millions of dollars.
“}]] A California judge has denied a request from hemp businesses seeking to temporarily suspend the ban on intoxicating hemp product sales while they challenge the state’s… Read More