California Emergency Regulation Prohibiting THC in Hemp Products
On Sept. 6, 2024, the California Dept. of Public Health issued a notice of intent to file an emergency regulatory action that would prohibit the manufacture, warehousing, distribution, offer, advertising, marketing, or sale of any hemp product intended for human consumption containing “detectable” THC, including foods, beverages, and dietary supplements.
Specifically, the regulation states that each serving of such products must have “no detectable amount of THC” and each package must have no more than 5 serving per package. The regulation also establishes 21+ age restrictions for all hemp foods, beverages, and supplements and adds several “intoxicating” cannabinoids to the definition of “THC,” including delta-8 THC, THCA, and numerous other forms of THC and cannabinoids. Please see here for additional details regarding this action and the full text of the regulation.
The regulation will become effectively immediately upon approval by the Office of Administrative Law (OAL). While timing for this approval is uncertain, based on information from the OAL website, the office has 10 calendar days to review and decide on a proposed emergency rulemaking. Governor Newsom’s press release also advises sellers to “begin to implement purchase restrictions and remove consumable hemp products containing any levels of detectable THC from shelves.” Thus, we anticipate the regulation will go into effect within the coming weeks, or possibly earlier.
Please reach out to Rend Al-Mondhiry with any questions.
