California Public Health Department proposes emergency regulations on hemp products sold in California, with officials pointing out that these products may have adverse effects on children.
The emergency regulations will prohibit the sale of hemp extracts or hemp products to those under 21, including food, additives, beverages, or dietary supplements.
The regulations also require that hemp products intended for human consumption must not contain detectable levels of tetrahydrocannabinol (THC), the compound in marijuana that produces psychoactive effects. Hemp products are made from a plant similar to marijuana, but with very low THC content, below 0.3%.
State officials indicate that hemp products sold in retail stores containing hallucinogenic cannabinoids have led to an increase in hospitalizations and poisonings, increasing the risk of illness, injury, and death among children.
Governor Newsom stated in a news release on September 6, “We will not stand idly by as drug dealers target our children with dangerous and unregulated hemp products. We are taking action to close loopholes and strengthen enforcement to prevent children from accessing these dangerous hemp and marijuana products.”
The proposed rules will also require laboratory testing and certification for hemp products intended for human consumption.
The state department of health stated, “Research shows that the use of these products may have negative effects on cognitive function, memory, and decision-making in developing brains.”
According to the state health department, significant reports of teenagers and young people being hospitalized after consuming certain hemp products have emerged in California and nationwide.
Research published on August 21 by the researchers from the Nationwide Children’s Hospital and the Central Ohio Poison Center found a sharp increase in incidents of children being exposed to THC, rising by nearly 80% between January 1, 2021, and December 31, 2022.
The researchers recommended that products containing THC, such as edibles, smoking devices, and beverages, be stored away from children, preferably in locked containers.
California was the first state to legalize medical marijuana use in 1996 through the Compassionate Use Act, and voters legalized recreational marijuana in 2016.
The cannabis industry requires retailers to ensure customers are over 21. State regulations also mandate secure operations, clear product labeling, testing for contaminants, and prevention of children’s access to these products.
According to the Governor’s office, the emergency hemp regulations will align the sale of hemp products more closely with the restrictions of California’s cannabis market.
Wayne Richman, founder and president of the California Hemp Association, stated that the proposed new rules face opposition from hemp farmers in California. The association believes that the proposed regulations violate federal laws related to existing hemp products.
The federal Agriculture Improvement Act of 2018 does not classify products containing 0.3% or less of THC as controlled substances. However, Newsom’s new regulations will not allow any trace of THC in hemp products. Additionally, the Food and Drug Administration (FDA) allows hemp seed derivative products, such as hemp seed protein powder and hemp seed oil, to contain traces of THC. According to the FDA, consuming these hemp seed derivatives will not cause excitement.
Richman estimates that only about seven farmers are currently cultivating hemp in California, as existing regulations require background checks and other restrictions. He stated that more regulations on the industry could pose further challenges.
The California Hemp Association hopes to continue growing this crop for various products, such as construction materials, poultry feed, and other uses. Richman noted that the association’s goal has always been to “support farmers in growing the crops their grandparents once grew, and to freely grow it like growing broccoli.”
If approved by the Office of Administrative Law, these emergency regulations will take immediate effect. The office has ten days to initiate the emergency rules.
A spokesperson for the office stated that if approved, the emergency hemp regulations will be submitted to the Secretary of State. Once submitted, the validity of these regulations will be 180 days, unless extended.
If these rules come into effect, retailers of hemp products must immediately remove any edible products containing detectable levels of THC from the shelves.