California bans all THC in hemp products

On Monday, California passed a emergency regulations which prohibits all hemp-derived product containing detectable levels of THC.

Proposed by Governor Gavin Newsom earlier this month, which considers it an essential measure to curb the sale of hemp products that are not regulated in the state, is nevertheless sparking heated debates among the various stakeholders, particularly professionals in the hemp, regulators, and patient advocates.

Scope of the Ban

The regulation prohibits hemp-derived consumables and containing THC.

The ban applies, in particular, to all products containing CBD and detectable amounts of THC, which significantly affects the wide range of oils, from edible products and CBD-based tinctures available in the state. These changes took effect immediately after being approved by the California Department of Public Health (CDPH) and the Office of Administrative Law.

The governor Gavin Newsom explained that this ban was necessary to combat dangerous hemp products marketed to children.

«We will not stand idly by while drug dealers target our children with dangerous, unregulated hemp products containing THC in our retail stores,» said Mr. Newsom.

The Regulatory Context

This decision follows the failure of the Assembly Bill (AB) 2223, which was intended to comprehensively regulate hemp-based products.

Previously, the state's hemp industry was partially governed by AB 45, a law passed in 2021 that required hemp companies to register and imposed laboratory testing to ensure that the products contained less than 0.3% of THC. However, the AB 2223 was not approved at the beginning of the year.

The emergency regulations enacted by Mr. Newsom will remain in effect until March 2025 and will serve as a temporary measure to combat what he described as the industry’s «bad actors.» Mr. Newsom emphasized that if the hemp-based products While they can still be sold, they must be sold within a regulated framework.

«We believe that hemp, even though it contains psychoactive components, can be sold, but that it must be sold within a regulated framework,» Mr. Newsom said.

The new regulations require retailers to immediately remove from their shelves any hemp-based product containing THC.

In addition, retailers must implement measures to prevent sales to consumers under the age of 21. Regulatory agencies such as the CRPD, the California Department of Cannabis Regulation and the California Department of Alcoholic Beverage Control (ABC) will be responsible for enforcing the ban. Joseph McCullough, director of the ABC, said he would contact license holders to ensure they comply with the new rules.

Controversy and Criticism

The decision to ban hemp-based products containing THC has sparked strong reactions, particularly from patient advocates and the’hemp industry.

Critics argue that the ban may have unintended consequences for people who use certain CBD products that contain trace but detectable amounts of THC.

For example, Stephanie Bohn, a mother of Los Angeles, described how her daughter's life improved significantly after using a CBD oil containing traces of THC. According to SFGATE, his daughter, who had suffered from severe epileptic seizures, hasn't had any in 11 months thanks to the oil.

«We’ve seen remarkable results,» said Ms. Bohn. «She probably wouldn’t be alive today without CBD.»

The potential impact on the’industry California's hemp is another major concern. Jonathan Miller, General Council member of the’U.S. Hemp Roundtable, criticized the governor for imposing what he called a «total ban,» instead of focusing on enforcing the’AB 45, which already sets strict rules for hemp-based products laboratory-tested.

«There are ways to do what angers him the most without destroying the industry,» Mr. Miller said. He also stressed the importance of ensuring that products are manufactured according to good manufacturing practices and subjected to rigorous testing.

Support for the cannabis industry

Despite criticism from the sector hemp, theregulated cannabis industry at California strongly supported the decision to Mr. Newsom. This support stems from the perception of unfair competition between the regulated cannabis market, which requires significant investment to pay for licenses, to maintain production and processing facilities that meet standards, and to have its products tested, and the products of hemp unregulated, which often evade the safety checks and taxes imposed on cannabis-derived products.

Louis Samuel, CEO of Golden State Cannabis, pointed out that while the cannabis industry is subject to strict regulations, the products made from hemp-derived THC, which have similar effects, are sold without the same level of oversight.

«It is essential that the THC derived from hemp or be regulated like the THC derived from cannabis, »because they are chemically identical and have the same effects,” Mr. Samuel explained. He added that closing this regulatory loophole is an essential step toward protecting consumers and stabilizing the state’s legal cannabis market.

In the future, the temporary ban will give lawmakers the time they need to develop a more comprehensive set of regulations for the hemp-based products at California.

Governor Newsom emphasized that this was not a permanent ban, but rather a temporary solution.