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Governor Newsom issues regulations to protect kids from dangerous and intoxicating hemp products
Sep 6, 2024
SACRAMENTO – Governor Gavin Newsom today announced emergency regulations aimed at banning THC-containing hemp products and creating stronger state protections to safeguard California’s children. The proposed regulations, issued by the California Department of Public Health (CDPH), aim to curb the sale of intoxicating hemp products to minors.
The new rules mandate that industrial hemp food, beverage, and dietary products intended for human consumption must contain no detectable THC or other intoxicating cannabinoids per serving. They also set a minimum purchase age of 21 and limit servings to five per package.
"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. We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products," said Governor Gavin Newsom.
The emergency regulations come in response to rising health incidents linked to intoxicating hemp products, particularly beverages and food items. State regulators have found these products sold across California, posing risks especially to children. Studies indicate that such products can adversely affect cognitive functions, memory, and decision-making abilities in developing brains.
"Intoxicating industrial hemp products can cause illness and injury to California consumers," stated Tomás Aragón, CDPH Director and State Public Health Officer. "We are working to ensure products in the marketplace comply with state laws that protect consumers against these public health risks."
California has a history of cannabis regulation, being the first state to allow medicinal use with the Compassionate Use Act in 1996, followed by recreational legalization in 2016. Despite strict cannabis industry regulations ensuring product safety and child protection, current laws enable some hemp manufacturers to market THC-containing products.
The new regulations ban any detectable quantity of THC in consumable hemp items like beverages, food, and dietary supplements. These measures align more closely with restrictions seen in California's legal cannabis market by limiting serving sizes and establishing a minimum purchasing age of 21.
"The Department of Cannabis Control welcomes these regulatory reforms," said Nicole Elliott, Director of the Department of Cannabis Control. "These rules are a critical step in ensuring the products in the marketplace align with the law’s original intent."
Upon approval by the Office of Administrative Law, sellers must implement purchase restrictions immediately and remove any consumable hemp product containing detectable THC levels from shelves. Enforcement actions will commence promptly by various state regulators including CDPH, Department of Cannabis Control, California Department of Alcoholic Beverage Control (ABC), California Department of Tax and Fee Administration (CDTFA), alongside local law enforcement officials.
"The Department of Alcoholic Beverage Control will enforce all California laws impacting ABC licensed locations," said Joseph McCullough, Director of ABC. "ABC will be contacting licensees so they can ensure compliance once the regulations go into effect."
"Our cannabis and tobacco inspectors are out daily so that consumers know that store shelf items are legal in California," added Nick Maduros, Director of CDTFA. "We will continue working with colleagues at all levels to educate retailers and enforce California law."
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