Hemp Products Ban Extended for Products Containing Any Amount of THC in California

Back in September 2024, California Governor Gavin Newsom proposed a ban on intoxicating hemp products that was then written by the California Department of Public Health (CDPH) (1). The Office of Administrative Law approved and instated the ban on September 23, 2024. This ban forbids the sale of hemp products containing any “detectable amount of THC” (1).

“We will not sit on our hands as drug peddlers target our children with dangerous and unregulated hemp products containing THC at our retail stores,” Newsom said in September when the ban was first announced (1,2). “We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.”

At the end of March, the current ban was set to expire but the CDHP filed a notice this week to extend the ban further (1). With this extension, the emergency regulations from the ban will be active for the next 90 days and have the opportunity to be extended one last time. Forbes mentioned that the emergency regulations (1), “The emergency regulations prohibit the sale of consumable hemp products with detectable amounts of THC, the primary psychoactive compound in marijuana, or other intoxicating cannabinoids, and set a limit of five servings per package for such products. The rules also limit sales of hemp foods, beverages and dietary supplements to consumers aged 21 and older.”

Jonathan Miller, general counsel for the industry group the U.S. Hemp Roundtable, mentioned that the Governor proposed a ban instead of “addressing legitimate regulatory concerns shared by all good actors” and implementing a hemp products regulation law passed in 2021,” (1).

“There are pathways that accomplish what he is most angry about without destroying the industry,” Miller said to The Hill (1,3). “They need to start enforcing AB 45 and ensuring that all products out in the marketplace are produced with good manufacturing practices and tested.”

Back in October 2024, the US Hemp Roundtable and a group of other businesses which included a company founded by Cheech and Chong (1), filed a petition that hoped to block the ban on hemp products in California, but a court ruled against their favor.

David Craig, chief marketing officer of multi-state cannabis operator Illicit Gardens, commented that all intoxicating cannabinoids need to “be managed under the same regulatory structure,” (1).

“Not regulating hemp-derived cannabinoids creates a double standard and endangers the consumer,” Craig disclosed in an email (1). “Without the same rules and standards, these hemp derived products are not required to undergo the same laboratory testing for pesticides, heavy metal, mold, and other contaminants. They’re also not subject to the same marketing and packaging standards as their cannabis, meaning they can mimic commonly sold candies.”

References

1. Herrington, A. J. California extends ban on hemp products with any amount of THC https://www.forbes.com/sites/ajherrington/2025/03/12/california-extends-ban-on-hemp-products-with-any-amount-of-thc/ (accessed Mar 13, 2025).
2. State of California. Governor Newsom Issues regulations to protect kids from dangerous and intoxicating hemp products https://www.gov.ca.gov/2024/09/06/governor-newsom-issues-regulations-to-protect-kids-from-dangerous-and-intoxicating-hemp-products/ (accessed Mar 13, 2025).
3. Udasin, S. Newsom wants to ban intoxicating hemp products. industry - and some health experts - say he’s going too far https://thehill.com/policy/healthcare/4879206-california-thc-hemp-proposed-emergency-regulations/ (accessed Mar 13, 2025).