The U.S. Hemp Roundtable, along with Cheech and Chong’s, Juicetiva Inc., Blaze Life LLC, Boldt Runners Corp., Lucky To Be Beverage Co., and Sunflora, Inc., filed on Oct. 4 an application for a temporary restraining order (TRO) to halt the implementation, enactment and enforcement of the emergency regulations issued by California Governor Gavin Newsom on Sept. 6 and approved by the Office of Administrative Law on Sept. 23.
As Cannabis Business Times previously reported, the emergency regulations require that industrial hemp food, beverages and dietary supplements intended for human consumption have no detectable THC or any “comparable cannabinoid” per serving, have a minimum purchase age of 21 and have no more than five servings per package, according to the California Department of Public Health (CDPH).
Under the regulations, adults age 21 and older are able to purchase intoxicating cannabis products at a California Department of Cannabis Control (DCC)-licensed dispensary. While products containing CBD are still allowed outside the licensed cannabis market, nonintoxicating CBD products with any traceable amount of THC are prohibited.
The emergency regulations were implemented in response to public health concerns about the increase in incidents related to these products, including complaints of injury and illness, according to the CDPH. Retailers—including vape shops, liquor stores, gas stations and convenience stores—must immediately remove intoxicating cannabinoid products from their shelves and begin implementing the purchase restrictions for other hemp-related products, CBT reported.
State regulators, including the Department of Public Health, the DCC, the California Department of Alcoholic Beverage Control, the California Department of Tax and Fee Administration, and state and local law enforcement officials, would begin taking immediate enforcement action, Newsom stated in a Sept. 9 press release.
The TRO was filed in the Superior Court of the State of California against defendants California Department of Public Health, TOMÁS J. ARAGÓN, M.D., Dr.PH., in his capacity as Director and State Public Health Officer of the California Department of Public Health, and DOES 1-50.
(Editor’s note: Plaintiff’s lawyers can also name DOE defendants. “DOES 1-50 means the lawyer is naming 50 fictitious defendants by the name of DOE,” explained attorney Roy Hoffman on LawGuru. “If, during the pendency of the lawsuit, the plaintiff’s lawyer discovers the real name of someone who is responsible for the plaintiff’s losses, they can prepare a ‘DOE amendment’ and add the true name of a previously fictitious defendant. Naming DOE defendants allows the plaintiff to bring in new defendants ….”)
“We are hopeful that the Court will temporarily block – and then ultimately, permanently enjoin – Governor Newsom’s misguided efforts to devastate hemp farmers, business and product consumers in California,” Jonathan Miller, the U.S. Hemp Roundtable’s General Counsel stated in a statement. “It’s high time that the Governor abandon this punitive effort and sit down with all stakeholders to appropriately address his stated mission: to develop a robust regulatory regime that promotes health and safety and keeps hemp products out of the hands of minors.”
The hearing for the TRO has been scheduled for 9:30 a.m. PDT/12:30 p.m. EDT on Oct. 10. Nolan Jackson, the Roundtable’s regulatory counsel, will be arguing the motion on behalf of the plaintiffs. A link will be made available to watch the hearing.
Read the complaint here and the TRO application here.
Photo: Adobe Stock | Aleksandr
The organization, along with several hemp businesses, have petitioned the courts to prevent the enforcement of Gov. Gavin Newsom’s emergency regulations making products containing hemp-derived intoxicating cannabinoids illegal in the state. Read More