California crackdown on mind-altering cannabis products looms

California Gov. Gavin Newsom announced emergency legislation last week that would ban products containing THC derived from hemp.

A loophole introduced in the 2018 Farm Bill led to the creation of THC-containing hemp products, usually derived by manipulating CBD from hemp. Since then, states have been scrambling to get a handle on the situation, with some regulating and others banning hemp-derived THC products.

Governor Newsom chose the second option.

While California was the first state to allow medicinal marijuana in 1996, and recreational use has been legal there since 2016, the surge in unregulated cannabis products has raised concerns — especially given the potential for children to access them.

Under the proposed regulations, industrial hemp foods, beverages and dietary products cannot contain detectable THC or other intoxicating cannabinoids. They would also establish a minimum age to purchase hemp products (21) and limit the number of servings of hemp products to five per package. These additional restrictions would bring the sale of hemp products more in line with current restrictions associated with the legal hemp market in the state.

“We will not sit idly by as drug dealers target our children with dangerous and unregulated THC-laced cannabis products in our retail stores,” said Governor Newsom. “We are taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous cannabis and marijuana products.”

The proposed regulations will go into effect immediately upon approval by the Office of Administrative Law. Once in effect, retailers must immediately begin implementing purchase restrictions and removing affected cannabis products. State regulators and state and local law enforcement officials will begin immediate enforcement actions.

California Department of Cannabis Control Director Nicole Elliot said her department welcomes the reforms.

“These rules are a critical step in ensuring that products on the market comply with the original intent of the law, and we are committed to working with our state partners to enforce state law.”

Humboldt County administrators are also supporters of the new regulations.

“I appreciate the governor taking action today to stop this madness,” said Michelle Bushnell, Humboldt County Second District Supervisor. “We cannot allow cannabis to simply bypass the law for financial gain.”

Earlier this year, Governor Gavin Newsom ordered notices to be issued to licensees regarding the sale and distribution of intoxicating cannabis products.