An emergency ban on California hemp food products with detectable THC levels remains in place after a Los Angeles state judge denied a request from the industry to issue a temporary restraining order.
California has a significant interest in closing the loophole that allows hemp manufacturers to sell products with high levels of THC outside the regulated cannabis market, California Superior Court, Los Angeles County Judge Stephen I. Goorvitch wrote in a Friday order.
He pointed to advertising text from companies such as Cheech and Chong’s Cannabis Co., one of the plaintiffs in the suit, that touts hemp products as providing the same effect as cannabis.
Cheech and Chong’s hemp edibles deliver “a full body buzz that’ll have you feel like you’re floating in zero gravity,” their marketing text says.
The hemp industry plaintiffs contend that the September emergency regulations will force their businesses to shut down. Goorvitch said lost revenue isn’t irreparable harm when weighed against the state’s interest in protecting health and safety, especially for children.
The companies can still sell food products without detectable levels of THC, non-food products with THC, and products through the legal cannabis system with a license.
The industry isn’t entitled to a restraining order that would allow interstate sales to continue, Goorvitch said, because the ban’s restrictions on warehousing and manufacture means there are no products to be sold.
“For the purposes of evaluating irreparable harm, it matters not whether the THC comes from marijuana or hemp plants,” Goorvitch said. “It matters only that THC is available to consumers who use it for medicinal purposes.”
Industry members decried the ruling, after their counsel on Thursday argued that Goorvitch’s suggestion that they sell THC products through dispensaries falls short.
“When the California cannabis dispensary system is undergoing a credibility crisis due to pesticide contamination, the governor has made it much more difficult for Californians to access the only cannabis products that consumers can be certain are free of pesticides,” said Jim Higdon, co-founder of Cornbread Hemp in a statement.
The case is U.S. Hemp Roundtable v. Bonta, Cal. Super. Ct., No. 24STCP03095, 10/11/24.
An emergency ban on California hemp food products with detectable THC levels remains in place after a Los Angeles state judge denied a request from the industry to issue a temporary restraining order. /quality/90/?url=http://bloomberg-bna-brightspot.s3.amazonaws.com/60/43/56afeb5f4475a4da2f151a113f98/cannabis.jpg” title=”Cheech and Chong’s Hemp Ban Pause Request Denied by L.A. Judge” /> Read More