September 23, 2024 – In a decisive move to safeguard public health, especially among young people, Governor Gavin Newsom announced new emergency regulations to restrict the sale and consumption of industrial hemp products in California. These regulations, proposed by the California Department of Public Health (CDPH), were officially approved by the Office of Administrative Law (OAL) on September 23, 2024.
The new rules target industrial hemp food products, beverages, dietary supplements, and food additives intended for human consumption, mandating that these products contain no detectable levels of THC per serving. Additionally, the regulations establish a minimum purchasing age of 21 and limit packaging to a maximum of five servings.
Key Elements of the New Regulations
1. No Detectable THC Requirement:
Industrial hemp products must have no detectable THC per serving, addressing concerns over intoxicating effects and ensuring consumer safety.
2. Age Restriction:
The regulations prohibit the sale of hemp products to individuals under the age of 21, aligning with efforts to protect youth from potential health risks
3. Serving Size Limitation:
Hemp products cannot contain more than five servings per package, aiming to control intake and prevent accidental overconsumption.
Rationale Behind the Emergency Regulations
The emergency regulations were introduced in response to rising concerns about the health impacts of intoxicating hemp products, particularly among youth. CDPH has received numerous complaints about industrial hemp products being sold in retail environments without adequate safety measures, leading to health incidents, injuries, and illnesses. CDPH actively addresses these issues through investigations, regulatory actions, and enforcement measures, including embargoes, cease and desist orders, and notices of violation.
Distinction Between Hemp and Cannabis Products
The regulations make a clear distinction between industrial hemp and legal cannabis products. In California, cannabis products containing detectable THC can only be sold in licensed dispensaries and must display the universal cannabis symbol. These new rules ensure that hemp products available in the retail market will not contain THC, while legal cannabis products remain accessible to adults through regulated channels.
Availability of Hemp and Cannabis Products
Despite these new restrictions, Californians over the age of 21 will still be able to purchase hemp products with no detectable THC content. For those who need products with THC for medical purposes, including children, licensed dispensaries will continue to provide access to cannabis-derived products. Patients may also qualify for a Medical Marijuana Identification Card, which allows them to purchase medical cannabis without sales and use tax.
Enforcement of the Regulations
The enforcement of these regulations will be a collaborative effort involving multiple state agencies, including the CDPH, the Department of Cannabis Control, the California Department of Alcoholic Beverage Control (ABC), and the California Department of Tax and Fee Administration (CDTFA). Local enforcement authorities will also play a crucial role in ensuring that retail establishments comply with the new laws.
Implementation and Future Rulemaking
The emergency regulations went into effect on September 23, 2024, under the authority granted by statutory provisions allowing the adoption of emergency measures for public health and safety. The CDPH and other state agencies will continue to monitor and adjust these regulations as necessary to protect consumers.
For more detailed information, including the full text of the emergency regulations and supporting documents, visit the CDPH regulatory proposal page or review the Findings of Emergency document.
Inquiries and Contact Information:
California Department of Public Health
Office of Regulations
Email: regulations@cdph.ca.gov
These new measures underscore California’s commitment to public health by setting stringent standards for industrial hemp products, ensuring that safety and consumer protection remain at the forefront.
