A California judge has rejected a request from hemp companies seeking to temporarily suspend a ban on the sale of intoxicating hemp products while they challenge the state’s ban in court.

The US Hemp Roundtable, several hemp companies and a cannabis company co-owned by comedy duo Cheech Marin and Tommy Chong have filed a lawsuit against a California public health agency to block the agency from enforcing the regulations, arguing that the new regulations could be expensive. millions of hemp businesses and potentially force some small businesses out of business.

However, last week, Los Angeles County Superior Court Judge Stephen Goorvitch denied a request for a temporary restraining order from companies to allow the sale of intoxicating hemp during their lawsuit over the ban on cannabis. ‘State. He called the order a “drastic remedy,” noting that it would prematurely block the emergency rules before both sides have had a chance to fully present their arguments at trial.

The decision therefore maintains in force the emergency rules which came into force in September and intended to protect young people from potentially dangerous hemp products.

The new rule prohibits the sale of hemp-based foods, beverages and health products containing detectable levels of THC. Additionally, the new rules require consumers to be at least 21 years old and bar hemp products must contain more than five servings in a single package.

In this order, Judge Goorvitch also rejected the hemp industry’s claims that the regulations would limit access to CBD medical products. He clarified that THC-free CBD products will remain available in retail stores, while those containing THC can still be sold in licensed cannabis dispensaries. Additionally, he said the hemp coalition and companies failed to demonstrate that the hemp industry would suffer irreparable harm if the sales ban was not lifted.

The ruling further clarifies that companies can still sell hemp products that contain undetectable levels of THC and “non-final food products,” such as hemp flour and lotions, that contain detectable THC.

Jonathan Miller, general counsel for the US Hemp Roundtable, expressed disappointment with the court’s decision but stressed that it was only the first step in a potentially lengthy process. He said in a press release that they are exploring all options and hope that California Governor Gavin Newsom will work with the industry to effectively regulate hemp products and protect children without harming farmers, businesses and consumers as emergency regulations do.

Governor Newsom said in a press release that the decision affirms that the potential harm to Californians, particularly children, outweighs the risk that individual hemp businesses will not be able to adapt to the news. regulations.

The State of California emphasized that the regulations do not affect hemp-derived CBD products without detectable THC or intoxicating cannabinoids, or the sale of cannabis products, including those containing CBD and THC , which will continue to be available in cannabis dispensaries. .

California was the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act in 1996, followed by the legalization of recreational cannabis in 2016.

However, the passage of the 2018 Farm Bill allowed the cultivation of industrial hemp and the extraction of its compounds with a THC limit of less than 0.3%. This led hemp manufacturers to produce and sell products containing THC, including delta-8 THC, which has similar effects to adult-use cannabis, but which was unregulated and therefore existed in a gray area of ​​federal and state law. Therefore, new California regulations now prohibit such sales.

To address the growing health concerns associated with intoxicating hemp products, particularly those affecting children, Governor Newsom issued emergency regulations.

However, California hemp stakeholders oppose the ban, fearing it could result in substantial revenue losses for the industry, potentially costing millions of dollars.