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Court upholds California's ban on THC-containing hemp product sales

K. R. Nelson / 1 month ago

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Governor Gavin Newsome | Twitter Website

A court has upheld California's emergency regulations that prohibit the sale of THC-containing hemp products, a move aimed at protecting public health, particularly that of children. Governor Gavin Newsom announced the decision, emphasizing that the regulations are necessary to safeguard Californians from potentially harmful intoxicating hemp products.

Governor Newsom stated, "We will not sit on our hands while bad actors in the hemp industry target our children with dangerous and intoxicating hemp products containing THC at our retail stores. Industry concerns about the regulations are more about protecting their profit than the public. We are pleased the court saw through their bogus arguments and put the safety of Californians first in its decision."

The court found that the potential harm to Californians outweighs any adverse impact on individual hemp businesses adapting to these regulations. It dismissed industry claims that these rules would limit access to CBD products for medicinal use, noting such items remain available without THC at retail stores and with THC at licensed cannabis dispensaries.

California's restrictions prevent selling industrial hemp food, beverages, or dietary products intended for human consumption if they contain detectable levels of THC or other intoxicating cannabinoids per serving.

Attorney General Rob Bonta commented on this issue: "Our children deserve protection. We are witnessing an alarming rise in products that contain synthesized cannabinoids, which can be far more intoxicating than the legal and regulated cannabis options available. Disturbingly, these products often resemble candy, crafted specifically to attract the attention of young people and children. In California, we have established strict prohibitions against intoxicating cannabinoids in hemp products, regardless of whether they are naturally sourced or synthetic."

The emergency regulations address increasing health incidents related to intoxicating hemp products sold across California. These measures include banning any detectable amount of THC per serving in certain products and restricting sales to individuals under 21 years old.

While these rules do not ban all hemp-derived CBD products without detectable THC or other intoxicants, nor do they affect cannabis product sales at dispensaries, they aim to close loopholes exploited by some manufacturers marketing THC-containing hemp items without adequate consumer protections.

State regulators from various departments enforce these requirements alongside state and local law enforcement officials.

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