California’s controversial move to ban hemp with any traceable amount of THC is facing legal challenges from the hemp industry, who are now seeking a temporary restraining order (TRO).
Governor Gavin Newsom’s heavily criticized ‘emergency measure’ was implemented with immediate effect last week, after first being proposed on September 06.
The move, initially aimed at limiting the sale of intoxicating hemp-derived products, goes much further and is set to decimate the state’s thriving hemp industry.
Under the new regulations, industrial hemp food, beverage, and dietary products intended for human consumption must have ‘no detectable THC or other intoxicating cannabinoids per serving’.
Furthermore, a new minimum age of 21 will be imposed for the sale of any hemp products, and the number of servings of hemp products will be restricted to five per package.
In response, the US Hemp Roundtable, joined by plaintiffs including the Cheech & Chong Cannabis Co., have called for a TRO against the regulations, arguing that they are unlawful and are set to lead to millions of dollars in losses for businesses.
It goes on to suggest that the state has had three years to address issues surrounding intoxicating hemp products, following the passage of AB45 in 2021, but instead chose to implement these damaging emergency measures suddenly.
They go on to claim that this was done in order to bypass the legislative process, with similar proposals having been blocked by the state legislature just weeks earlier.
The plaintiffs are hoping the court will block the ban while the lawsuit proceeds, with a hearing scheduled for Thursday, October 10.
Nolan Jackson, regulatory counsel at the US Hemp Roundtable, will be arguing the motion on behalf of the plaintiffs.
Jonathan Miller, the Roundtable’s general counsel, stated: “We are hopeful that the Court will temporarily block – and then ultimately, permanently enjoin – Governor Newsom’s misguided efforts to devastate hemp farmers, business and product consumers in California.
“It’s high time that the Governor abandon this punitive effort and sit down with all stakeholders to appropriately address his stated mission: to develop a robust regulatory regime that promotes health and safety and keeps hemp products out of the hands of minors.”
