On September 6, Governor Newsom and the California Department of Public Health issued an emergency order banning all hemp products with any “detectable quantity of THC” after a bill to regulate the hemp industry failed in the state legislature. This means that retailers can no longer sell products made with hemp THC, which includes non-psychoactive CBD products, to California customers. This decision, which is in effect from September 23, 2024 through March 25, 2025, has caused a great deal of controversy as well as a pending lawsuit.
Governor Newsom’s impetus for this order is a response to numerous nefarious players in an unregulated industry – those who target young children with THC products like drinks and gummies. These hemp products are widely available at liquor stores, gas stations, and smoke shops. While the intentions are genuine, the ramifications may be detrimental.
While most will agree some regulation of the hemp market is needed, this order is extremely broad, and cuts off a lifeline to individuals suffering from a litany of medical conditions, including California’s large veteran population, and those children who depend on CBD to manage pain, inflammation, and seizures. It also throws the CBD industry, which is made up of mostly small business owners, into an unknown future in this state.
What is also troubling is there is a precedent for regulation – the recreational/medical cannabis space. This industry is heavily regulated, both in terms of testing and tracking, but also regarding who can enter a shop and purchase. To ignore a standard that is already in place and pass an order with no nuance is troubling and dangerous. Hopefully, the massive blowback from this knee-jerk order will force Sacramento into some beneficial regulation that will protect the vulnerable while helping those who rely on these products.
By Stephen Freedman
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