Governor Newsom issues emergency regulations banning any level of THC from hemp-derived food and beverage products

California Governor Gavin Newsom has issued proposed emergency regulations that would require food, beverages and dietary products that contain industrial hemp to have no detectable THC or other intoxicating cannabinoids per serving, limit the number of servings for hemp products to five, and create a minimum age of 21 to purchase hemp products. The rationale for the regulations, proposed by the California Department of Public Health (CDPH), is to protect youth from adverse effects related to products such as delta-8 THC.

“Intoxicating industrial hemp products can cause illness and injury to California consumers,” said Tomás Aragón, CDPH director and state public health officer, in a statement. “We are working to ensure products in the marketplace comply with state laws that protect consumers against these public health risks and have proposed emergency regulations that will improve protections for consumers.”

The regulations will take effect immediately upon approval from the Office of Administrative Law. Sellers will have to implement purchase restrictions and remove consumable hemp products with any detectable levels of THC from shelves. If the law is approved, regulators that include the Department of Public Health, the Department of Cannabis Control, the California Department of Alcoholic Beverage Control (ABC), the California Department of Tax and Fee Administration (CDTFA), and state and local law enforcement officials, will begin immediate enforcement action.

This action comes not long after the failure of AB2223 to pass the state’s senate. Industry has been highly critical of the bill, which would have place burdensome restrictions on hemp products, hurting manufacturers, retailers, and consumers.

"Today’s 'emergency' action by Governor Newsom is a betrayal of California hemp farmers, small businesses, and adult consumers. After having supported AB 45, which created a sound regulatory framework for the manufacture and sale of hemp products, Newsom’s Administration fell on the job and failed to take any steps to enforce it," said Jonathan Miller, general counsel for the U.S. Hemp Roundtable, in a statement. "Now, instead of addressing legitimate regulatory concerns shared by all good actors in the cannabis space – such as establishing reasonable policies to keep intoxicating products out of the hands of children – Governor Newsom instead has proposed a complete retail prohibition on 90-95% of popular hemp products for adults, including most non-intoxicating CBD products that he purports to support in his public communications. And in the middle of massive California budget deficits, he is unnecessarily throwing away nearly a quarter billion dollars in tax revenue from legitimate small businesses. We will be exploring all legal options in the coming days with California hemp farmers and businesses that comprise the multi-billion-dollar industry that this action would destroy."