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California officials on Friday announced emergency regulations to tighten control over hemp-derived products, citing increasing health incidents and risks to youth.
Gov. Gavin Newsom said the new rules will ban THC-containing hemp products and create stronger protections for children against unregulated THC. The news comes a month after lawmakers in the statehouse failed to agree on a bill to regulate intoxicating hemp goods.
“We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products,” Newsom said in a statement.
Key changes include:
Setting a minimum age of 21 to purchase certain hemp products.
Requiring no detectable THC in hemp-derived food and beverages.
Limiting hemp products to five servings per package.
Expanding the list of regulated intoxicating cannabinoids.
Notably, the list of regulated cannabinoids does not include cannabidiol (CBD), a non-intoxicating compound found in hemp. However, the CDPH’s findings suggest that even compounds not considered dangerous for adults could potentially harm youth. The department notes that despite CBD being widely studied, its health effects on young people remain “uncertain.”
State officials argue that because the list of intoxicating cannabinoids is not exhaustive and research on youth effects is ongoing, the age requirement serves as a protective measure against potential “permanent and irreparable adverse health impacts” on young people.
“Intoxicating industrial hemp products can cause illness and injury to California consumers,” Dr. Tomás Aragón, CDPH Director, said. “We are working to ensure products in the marketplace comply with state laws that protect consumers against these public health risks.”
The California Department of Public Health (CDPH) proposed the regulations in response to documented cases of injuries and illnesses caused by industrial hemp products containing intoxicating cannabinoids.
The emergency rules will take effect immediately upon approval by the Office of Administrative Law. Sellers must implement purchase restrictions and remove non-compliant products from shelves, the Governor’s Office said.
State agencies, including the Department of Cannabis Control and the Department of Alcoholic Beverage Control, will begin enforcement actions once the regulations are in effect.
Nicole Elliott, Director of the Department of Cannabis Control, called the rules “a critical step in ensuring the products in the marketplace align with the law’s original intent.”
The regulations aim to close loopholes in AB 45, signed by Newsom in 2021, which allowed hemp-derived products but limited total THC content to 0.3%. Officials say some manufacturers have circumvented this limit, leading to products with intoxicating effects.
Industry impact
While specific economic projections weren’t provided, the CDPH determined the regulations would have “a significant economic impact on California business enterprises and individuals.”
Joseph McCullough, Director of the Department of Alcoholic Beverage Control, said in the press release from the Governor’s Office that the agency will contact licensees and stakeholder groups to ensure compliance once the regulations take effect.
The hemp industry has expanded rapidly since the 2018 federal Farm Bill legalized industrial hemp. California’s move could influence regulations in other states grappling with similar concerns about hemp-derived products. Battles have been waged in other states including Florida, and most recently, Missouri.
Health officials cite studies showing these products can negatively impact cognitive functions in developing brains, with reports of increased hospitalizations among teenagers and young adults.
The regulations also aim to standardize serving sizes for hemp products, using federal standards for non-hemp food products as a guide.
Enforcement and testing
State regulators, including the CDPH and law enforcement officials, will oversee compliance. The regulations state that manufacturers must provide documentation, including certificates of analysis from independent testing laboratories, to confirm their products meet the new THC limits.
“Our cannabis and tobacco inspectors are out in the field every day so that consumers can know that the items on store shelves are legal in California, properly tested, labeled, and taxed,” Nick Maduros, Director of the California Department of Tax and Fee Administration, said.
The emergency regulations are deemed necessary for “the immediate preservation of the public peace, health, safety, or general welfare,” according to the CDPH’s findings.
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