California Proposes Emergency Regulations on Hemp Products

Snack hemp seeds for sale at the "Capitol Hemp" store in Washington on May 20, 2010. Tim Sloan/AFP/Getty Images

The California Department of Public Health has proposed emergency regulations on hemp products sold in the state that officials say could cause adverse effects on children.

Gov. Gavin Newsom announced the emergency regulations weeks after a hemp regulation bill, Assembly Bill 2223, failed to pass the Senate Appropriations Committee in August. The legislation faced strong opposition from hemp industry advocates and lobbyists who called it a “bureaucratic power grab.”

Officials said the restrictions are needed “to avoid serious harm to the public peace, health, safety, and general welfare of Californians.”

State officials said intoxicating cannabinoids in unregulated hemp products sold at retail stores have led to a rise in hospitalizations and poisonings, increasing the risk of illness, injury, and death among children.

California’s proposed regulations would prohibit the sale of hemp extract or hemp products, including food, additives, drinks, or dietary supplements, to anyone under 21.

The rules would also require hemp products made for human consumption to exclude any detectable amounts of tetrahydrocannabinol (THC), which is the compound found in marijuana that produces a psychoactive response.

“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 a statement on Sept. 6. “We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.”

THC Content

Hemp products are made from the same species of plant as cannabis, but have very low levels—less than 0.3 percent—of THC. However, there are no limits on the serving size of total THC, according to the state health department.

“Depending on the size of the product, an individual could receive significantly more THC in an industrial hemp product compared to a cannabis product,” officials said in the emergency documents.

Under the new regulations, any package of hemp product would be required to have no more than five servings, and the serving and package sizes will be determined using federal standards.

The proposed rules would also mandate certain laboratory testing and certification of hemp products made for human consumption.

Gov. Newsom speaks at a press conference at the Capitol in Sacramento, Calif., on May 10, 2024. Newsom proposed emergency regulations on the state's hemp industry after similar legislation failed in the state's Legislature in August. Travis Gillmore/The Epoch Times

“Studies show that use of these products can negatively affect cognitive functions, memory, and decision-making abilities in developing brains,” the state health department said.

In California and nationwide, there have been “significant reports” of teens and young adults being hospitalized after consuming some hemp products, according to the department.

A study published on Aug. 21 by researchers at Nationwide Children’s Hospital and the Central Ohio Poison Center found a sharp rise in exposure to THC among children, increasing by almost 80 percent from Jan. 1, 2021, to Dec. 31, 2022.

“The differences in state regulations has led to an environment that allows for easily available products that may have unlisted contaminants, inaccurate labels and packaging that may entice children,” Dr. Christopher Gaw, co-author of the study, said in a statement.

Researchers recommended storing edibles, smoking devices, and drinks containing THC away and out of sight from children, preferably in a locked container.

Tomás Aragón, state public health officer, said the new regulations would help protect Californians.

“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,” Aragón said in a statement.

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

The cannabis industry requires retailers to ensure customers are over the age of 21. State rules also require businesses to operate safely, ensure products are labeled and tested to be free of contaminants, and ensure children are prevented from accessing the products.

The emergency hemp regulations would bring the sale of hemp products more in line with restrictions for the state’s cannabis market, according to Newsom’s office.

Hemp Industry Reacts

The proposed new rules are receiving pushback from the state’s hemp farmers, according to Wayne Richman, founder and president of the California Hemp Association.

“I think the regulation is silly,” Richman told The Epoch Times. “If ... it goes into effect, there will more than likely be a lawsuit immediately filed.”

The association believes the proposed regulations violate current federal law governing hemp products, according to Richman.

The federal Agriculture Improvement Act—also called the Farm Bill—of 2018 does not consider products that contain 0.3 percent or less to be THC-controlled substances.

The Food and Drug Administration (FDA) also allows hemp seed-derived food, such as hemp seed protein powder and hemp seed oil, to contain trace amounts of THC.

“Consumption of these hemp seed-derived ingredients is not capable of making consumers ‘high,’” the FDA says.

Newsom’s regulations, however, would not allow even trace amounts of THC in hemp products, Richman said.

Only about seven farmers currently grow hemp in California because of existing regulations that require criminal background checks and other restrictions, Richman estimated. More rules for the industry could create even more problems for them, he said.

The association hopes to continue growing the crop for a variety of products, such as building material, chicken feed, and other uses.

“Ultimately our group’s goal always has been in support of farmers to grow a crop their grandparents once grew, and to grow it as freely as growing broccoli,” he said.

Meanwhile, the Department of Cannabis Control, which regulates the state’s legal marijuana industry, welcomed the hemp regulatory reforms, according to Nicole Elliott, director of the department.

“These rules are a critical step in ensuring the products in the marketplace align with the law’s original intent, and we are committed to working with our state partners to enforce state law,” Elliott said in a statement.

The emergency regulations would take effect immediately if approved by the Office of Administrative Law. The office has 10 calendar days to take action on the proposed emergency rules.

If approved, the emergency hemp regulations would be filed with the secretary of state, according to the office’s communications department. Once filed, the regulations remain in effect for 180 days, unless an extension is approved, a spokesperson told The Epoch Times in an email.

If the rules go into effect, retailers of hemp products would be required to immediately remove any consumable products that contain any detectable levels of THC from shelves.