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US (CA): Court stop attempt to block hemp emergency regulations

Governor Gavin Newsom today announced that California's emergency regulations to protect children and teens from the adverse effects of dangerous intoxicating hemp products will remain in effect after a court blocked an industry attempt to stop enforcement of the regulations.

Said Governor Newsom: "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."

Today's decision affirmed that the potential harm to Californians, especially children, outweighs the potential that individual hemp businesses will not be able to adapt to the new regulations. The court also dismissed industry arguments that the regulations would make CBD products for medicinal use unavailable, noting that these items would remain available without THC at retail stores, and with THC at licensed cannabis dispensaries.

The decision upholds California's restrictions, which prohibit selling any industrial hemp food, beverage, or dietary product intended for human consumption if there is any detectable THC or other intoxicating cannabinoids per serving.

The emergency regulations respond to increasing health incidents related to intoxicating hemp products, which state regulators have found sold across the state. Children are particularly at risk should they consume these products. Studies show that the use of these products can negatively impact cognitive functions, memory, and decision-making abilities in developing brains.

The new regulations for hemp-derived food, beverage, and dietary products:

  • Ban any detectable amount of THC or other intoxicating cannabinoids per serving.
  • Ban sales to people under 21.
  • Limit servings to five per package.

What the regulations do not do:

  • The regulations do not ban hemp-derived CBD products with no detectable THC or other intoxicating cannabinoids.
  • The regulations do not impact the sale of any cannabis products. Cannabis products, including products purchased for medical use and products with CBD and THC, will remain for sale at cannabis dispensaries.

Source: Governor Gavin Newsom.

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