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Efforts to stall the controversial ban on hemp products in California have been rejected by a court judge, who called requests for a temporary restraining order (TRO) a ‘drastic remedy’.
Last week, Business of Cannabis reported that California governor Gavin Newsom had pushed through an ‘emergency measure’ which means that industrial hemp food, beverage, and dietary products intended for human consumption must have ‘no detectable THC or other intoxicating cannabinoids per serving’.
These new regulations, which came into force earlier this month, were initially aimed at limiting the sale of intoxicating hemp-derived products, but they go much further and are set to decimate the state’s thriving hemp industry.
In response, the US Hemp Roundtable, joined by plaintiffs including the Cheech & Chong Cannabis Co., have called for a TRO against the regulations, arguing that they are unlawful and are set to lead to millions of dollars in losses for businesses.
These efforts were shut down by Los Angeles County Superior Court Judge Stephen Goorvitch this week, who denied the request for a temporary restraining order, calling it a ‘drastic remedy’ that would prematurely halt enforcement before a full trial.
The court clarified that CBD products without THC can still be sold in stores, while those with THC are restricted to licensed cannabis dispensaries.
Jonathan Miller, general counsel for the US Hemp Roundtable, expressed disappointment but indicated the legal fight is far from over. Governor Gavin Newsom backed the ruling, emphasizing public health concerns, particularly for children.
According to the US Hemp Roundtable, the judge ‘looked at the same rules but came to the opposite conclusion’.
“Contrary to New Jersey and nearly every other federal or state court that has looked at the issue, the court ruled that federal law did not block a ban that would disrupt interstate commerce in hemp products,” it said in a statement on its website.
“He also ruled that there was no proof of ‘irreparable harm,’ despite the clear evidence of manufacturers and stores needing to shut down, and seniors and veterans losing access to hemp products – meaning non-intoxicating – they’ve relied upon for their health and wellness.”
“}]] Efforts to stall the controversial ban on hemp products in California have been rejected by a court judge, who called requests for a temporary restraining order (TRO) a ‘drastic remedy’. Read More