Proposed regulations from the Department of Health would make permanent the emergency rules banning THC in hemp-derived food, beverage, and dietary products while restricting sales to adults 21 and older.
Image | adobe.stock/Azahara MarcosDeLeon
In a June 13, 2025, notice of proposed rulemaking, the California Department of Public Health (CDPH) announced a hearing on certain cannabis and hemp regulations in the state (1). The regulations, which are currently being enforced, are stated as being intended to protect the health and safety of consumers, especially youth. These emergency regulations are set to expire on September 23, 2025, though the CDPH is now proposing to make the regulations permanent (2). A 45-day public comment period began on June 13 and a hearing for public comments is scheduled for July 28, 2025.
As outlined on the website, the history of this proposed rulemaking began in September 2024 with the announcement of the emergency regulations by Governor Gavin Newsom (2,3). These regulations banned hemp-derived food, beverage and dietary products intended for human consumption from having any THC levels, restricted the purchase of products to adults ages 21 and older, and restricted the serving size to five per package (3). CDPH had proposed the regulations that were then accepted by the Office of Administrative Law later that month.
The notice provided a rationale for these actions, stating that prior to the regulations, anyone could purchase the products, which had limited data on safety (1). “Some manufacturers marketed their products to children with graphics and labeling which mimicked brands of conventional candies and snacks,” it added (1). “Because industrial hemp food products are consumed and widely available, clear and effective regulations are needed to protect the public health.”
Along with the notice, the CDPH also posted additional rulemaking documentation including the proposed text of the regulations, Standardized Regulatory Impact Assessment of Proposed Regulations for Serving Size and Age for Industrial Hemp, and the Summary of Department of Finance Review of SRIA and Department Response (2).
As noted in the proposal, an estimated $50 million of an adverse impact to the economy in the state by these regulations had been outlined, affecting businesses including retailers, hemp growers and manufacturers, and restaurants (1). The CDPH would consider alternatives to lessen the economic impact, the notice stated, and encouraged submissions from the public for proposals for alternatives.
Frequently Asked Questions are also listed by the CDPH. One of the questions addressed medical cannabis patients: “People who rely on products that contain detectable levels of THC for medical needs will still be able to obtain cannabis-derived products with THC through licensed adult-use and medical cannabis dispensaries,” the answer stated (2). “It is recommended to consult with a healthcare provider for medical needs. Hemp products with THC will no longer be available in the retail marketplace in California. Some patients, including children, may be eligible for a medical marijuana identification card to purchase medical cannabis free of sales and use tax. The program is administered by CDPH and can be found at Medical Marijuana Identification Card Program.”
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