Gov. Newsome’s Emergency Cannabis Law Could Block Life-Saving Therapies – Orange County Register

California Gov. Gavin Newsom recently proposed emergency regulations banning cannabis products containing “any detectable amount” of THC — the intoxicating chemical that gives marijuana its psychoactive effects. The drastic measure targets intoxicating cannabis products and therapeutics, threatening to deprive Californians of safe, non-intoxicating cannabis-derived therapies that are legal under federal law.

Hemp, a type of the cannabis plant, was legalized federally in 2018. Although hemp and marijuana come from the same plant, the key difference is that hemp must contain less than 0.3 percent tetrahydrocannabinol (THC). Anything higher than that is classified as marijuana.

Hemp has many commercial uses, from textiles to construction materials, but one of its most important applications is cannabinoid extraction. Cannabidiol (CBD) is a non-intoxicating cannabinoid, and clinical studies have shown it to reduce seizures in epileptic children. However, extracting cannabinoids like CBD from hemp without trace amounts of THC is nearly impossible.

Governor Newsom is taking aim at intoxicating cannabis products, including those made by chemically converting CBD to forms of THC. However, Newsom does not distinguish between intoxicating products and those with proven therapeutic value. As a result, the “any detectable amount” standard would eliminate CBD therapies from the market, even though they do not pose a risk of intoxication.

The proposal would hurt families like Paige and Matt Figi, who turned to CBD to treat their daughter Charlotte, whose severe epilepsy defied conventional therapies. By age 5, Charlotte was having 300 seizures a week and had lost the ability to walk, talk and feed herself. Hospitals told Charlotte’s parents there was nothing they could do. The Figis tried CBD, and from that first treatment until her death at age 13 from suspected COVID-19, the Figis say Charlotte was virtually seizure-free.

Charlotte’s story helped spur medical marijuana legalization across the country. Today, 38 states have legalized some form of medical use, and nine have specifically legalized CBD. But Newsome’s plan would prevent families like Figi from accessing this life-changing therapy.

States that have legalized marijuana often impose burdensome and costly restrictions due to ongoing federal marijuana prohibition. However, with federal legalization of hemp, hemp producers can operate without federal and state marijuana regulations. Ironically, restrictions on marijuana sales allow hemp producers to offer intoxicating products that compete with marijuana in more outlets and at lower costs.

In 2024, more than 10 states have passed legislation to regulate hemp-derived cannabinoids, and many states are considering similar proposals. Most of these bills have focused on banning sales to minors, ensuring product safety, limiting THC content, and restricting sales of intoxicating cannabis to licensed dispensaries. However, no state has gone so far as to ban hemp products with any detectable THC, as Governor Newsom is proposing.

Newsom previously backed legislation that would regulate hemp products by imposing regulations similar to those that apply to marijuana, including production and labeling standards, limiting sales to dispensaries and setting a THC limit of 0.3% total, or no more than 1 milligram per package. But that measure failed, in part because of concerns raised by patients and parents like Figis, who feared that forcing all CBD sales into the dispensary system would lead to prohibitively high prices and total denial of access for many patients, since many Californians live more than 100 yards from the nearest dispensary.

Newsome’s concerns about consumer safety and youth access to intoxicating cannabis products are valid. But the ban goes unnecessarily far and would undermine his goals. It would deprive patients of access to important therapies and push consumers toward unsupervised illegal products.

If the goal is to protect consumers, California should heed the lessons learned from legalizing marijuana. Instead of prohibition, California should require hemp producers to adhere to the same testing and labeling standards as marijuana and limit sales of intoxicating products to retailers who have a history of age-restricting adult-use products.

At the same time, the state should reduce burdensome regulation of marijuana businesses, allowing them to compete in the evolving cannabinoid landscape. By striking this balance between safety, access, and fairness, California can protect patients, consumers, and marijuana businesses without limiting access to life-changing cannabis therapies.

Michelle Minton is a senior policy analyst at the Reason Foundation and author of the new report, “A Framework for Federal and State Regulation of Hemp-Derived Cannabinoids.”