The new rules ban the sale of hemp products meant for human consumption to anyone under 21 and limit servings to five per package. They also ban all hemp-derived food, beverages, and dietary products from having any amount of detectable tetrahydrocannabinol (THC), the substance in marijuana that creates a “high.”
“The emergency regulations respond to increasing health incidents related to intoxicating hemp products, which state regulators have found sold across the state,” according to a news release published Tuesday by the California Public Health Department. “Children are particularly at risk should they consume these products.”
The health department cited studies that showed the use of hemp products with THC can negatively impact cognitive functions, memory, and decision-making abilities in developing brains.
Retailers in the state can continue to sell CBD products outside of state-licensed cannabis dispensaries if the products have no detectable THC or other intoxicating cannabinoids.
The regulations also do not affect the sale of cannabis, which is legal in California. Cannabis products, including those bought for medical use and products with CBD and THC, will remain legally for sale at cannabis dispensaries, according to the health department.
California became the first state in the U.S. to allow medical cannabis use when voters passed the Compassionate Use Act in 1996. In 2016, voters legalized recreational use of cannabis.
State health officials say hemp manufacturers have exploited California’s law to produce and market hemp products that contain THC without safeguards in place. As a result, the hemp products were being sold at big and small retailers, and marketed for their intoxicating properties.
The new rules ban these sales, the health department said.
Hemp industry growers say the new rules violate current federal law that allows 0.3 percent or less THC in hemp products, according to Wayne Richman, founder and president of the California Hemp Association.
The Food and Drug Administration (FDA) also allows trace amounts of THC in food derived from hemp seeds, such as hemp seed protein powder and hemp seed oil.
Richman expected a lawsuit to be filed immediately after the new rules were passed, he told The Epoch Times this month. He did not return a request for comment before this article was published Wednesday.
State regulators will immediately begin to enforce the new requirements, which will remain in effect for 180 days unless an extension is approved, according to the health department.
